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Continue Moratorium on DPI's 2023 Changes to Guidance and Training on Mandatory Reporting

In mid-August, 2023, DPI issued revised guidance for school staff as mandated reporters of child abuse and neglect and revised its Mandatory Child Abuse and Neglect Training Module.  This guidance reflected a major shift in philosophy and practice and raised numerous questions about practical implementation at the school level. Although urged by many stake holders (including AWSA, WASDA and the WSAA) to change its training, to date, DPI has not done so. Therefore, we continue to advise our members NOT TO USE THE 2023 TRAINING, but to lean back to the DPI training from 2021.

2023 Changes of Significance.  Arguably, the most significant shift in the DPI guidance is the move away from the mindset of “when in doubt, make a report” toward asking mandatory reporters “in doubt” to engage in further investigative action before making a report.  The revised guidance is a radical change from the previous expectations for mandatory reporting, which has been drilled into school employees for years.  In fact, many districts have enacted policies subjecting employees failing to make such reports to disciplinary measures, up to and including termination.  

Option to Choose Training Materials. Although DPI has given schools the option to use either the 2023 training or the 2021 training, stakeholders such as AWSA and WASDA continue to advise schools to use the DPI training from 2021. 

Pointers for 2024. Here are some pointers for you to keep in mind as you plan for your 2024-2025 mandatory reporting training: 

  • State statute requires school employees to receive mandatory reporting training within six months of initial hire, and minimally at least every five years thereafter.

  • The law itself has not changed.  School employees are mandatory reporters, who “shall” “immediately inform” the proper authorities when they have “reasonable cause to suspect” that a child seen in the course of professional duties is, has been, or will be subject to neglect or child abuse. 

  •  Urge reporters to always err on the side of reporting if in their judgment there is reasonable cause to suspect child abuse or neglect.

Wisconsin’s public schools are a critical gatekeeper for the welfare of our children, and the mandatory reporter obligation of staff is a key component of that gatekeeping.  As such, it is important that school employees have clear direction about how to proceed in light of DPI’s changes. Until further guidance is issued, we recommend that principals continue to follow their current district policies and procedures for mandatory reporting.    

This article was prepared by Attorney Malina Piontek, AWSA’s Level I Legal Services Provider. You may direct your Level I call-in questions to Malina at 608-497-3037 or email her at malina.piontek@pionteklaw.com. This article was designed to provide you with general authoritative information and with commentary as a service to AWSA members. It should not be relied upon as legal advice.