DPI Updates Mandatory Reporter Training

By Attorney Tess O’Brien-Heinzen, Renning Lewis & Lacy and Malina Piontek, AWSA’s Retained Legal Counsel

On June 13, 2025, DPI published an EdLeaders Dispatch update regarding mandatory reporting requirements. The update advised of new mandatory training materials and DPI’s position on mandatory reporting of certain consensual sexual activity between minors. The update also provided a new Administrator Implementation Guide to support compliance with mandatory reporting training obligations. The purpose of this AWSA update is to provide a brief overview of the new training and DPI guidance.  

School-based Mandatory Reporters. Pursuant to Wisconsin Statute § 48.981(2)(a), all school district employees are mandatory reporters of child abuse and neglect.  This means that when school district employees, in the course of their duties, have reasonable cause to suspect a child has been abused or neglected, or has been threatened with abuse or neglect and the employee believes it will occur, they must immediately report to local Child Protective Services (CPS) or local law enforcement.  Reports to CPS should be made to the CPS office where the student resides (not where the incident occurred) and reports to law enforcement should be made to the jurisdiction where the incident occurred.

Reasonable Cause. “Reasonable cause to suspect” is not defined in the mandatory reporting law but caselaw defines it as “a belief, based on evidence but short of proof, that an ordinary person would reach as to the existence of child abuse.” In addition, DPI provides the following guidance:

• It does not require proof.

• It is an honest belief based on information obtained from sources that may include any of the following:

• The individual who is or will be subject to abuse or neglect.

• Personal observation.

• Information learned from others.

• Written documentation. 

• It should be based on a consideration of the totality of circumstances of the specific situation.  This means an employee should consider the whole picture of what they know about the situation, and determine if they have enough information to suspect that child abuse or neglect exists.

DPI’s guidance provides that an employee may consult with an administrator or pupil services professional if they are unsure they have reasonable cause to suspect, but only if the person is immediately available.  If the person is not in their building or they can’t reach them by phone, they cannot wait to report.

Relevant Definitions.  A “child” is a person who is less than 18 years of age.  “Abuse” is defined in Wis. Stat.§ 48.02(1) to mean the following: 

(a) Physical injury inflicted on a child by other than accidental means.

(b) Sexual intercourse or sexual contact without the consent of the other party, or when the other party has not yet turned 16, as set forth in Wis. Stat.§§  940.225, 948.02,and 948.025. 

Abuse does not require intent but the injury to the child must be severe enough to constitute “physical injury” which is defined as “great bodily harm, including bodily injury which creates a substantial risk of death or impairment.”

Examples of physical injuries include: lacerations, fractured bones, burns, internal injuries, severe or frequent bruising, or great bodily harm. Abuse also includes emotional damage inflicted on a child and exposure to methamphetamine manufacturing.  Abuse does not include self harm or suicidal ideations. 

“Neglect” is defined as the failure, refusal, or inability of a parent or other caregiver for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care, or shelter.   A “caregiver” includes a parent, stepparent, babysitter, teacher, relative, coach, or employee in a community organization in which the child participates.

DPI explains that neglect includes actual as well as potential harm and cautions reporters to distinguish between poverty and true neglect.  DPI also reminds reporters that neglect does not include truancy or failure to give prescribed medication to a child unless it seriously endangers the child’s life or health.

Timeline and Information for Reporting.  The statute requires that employees report immediately if they have reasonable cause to suspect abuse or neglect.  An employee must report via phone or in person and cannot delay in order to consult with others or wait for a more convenient time in the day. When reporting, employees should have the specific facts and circumstances which gave rise to their suspicion.  

Penalties for Failing to Report. Failing to report suspected child abuse or neglect in accordance with the statute may result in a fine of no more than $1,000 or imprisonment of not more than six (6) months, or both.  In addition, failure to report may constitute immoral conduct under Wis. Stat. § 115.31, and result in a suspension or loss of license.  In contrast, when acting in good faith, an employee who makes a report is protected from both civil and criminal liability.

DPI’s Position on Reporting Consensual Sexual Activity.  Wisconsin law regarding mandatory reporting and consensual sexual contact between minors can be complex. DPI’s prior mandatory reporting training materials advised that a report is not required for consensual sexual activity between children ages 15 through 18.  However, under Wis. Stat. §  948.10, child abuse occurs if any person, for purposes of sexual arousal or gratification, causes a child to expose their genitals, or exposes their genitals to a child. Accordingly, if exposure of intimate parts occurs and a child under 18 is involved, DPI now directs that the activity must be reported.  

In conjunction with this change, DPI removed the “Reporting Requirements for Situations Involving Sexual Contact or Intercourse and Students: Suggested Procedures for School Employees” from its website. DPI also encouraged school district employees to work with local CPS and law enforcement to determine local reporting policies.

Final Considerations

All school district employees must be trained under the mandatory reporting law within six months of hire. Employees who have completed DPI-provided mandated reporter training within the last five years are not required by statute to repeat the training.  However, in light of the changes, clarifications, and comprehensive new DPI training materials, we advise that principals take the updated training, and encourage their districts to provide refresher training to all employees which highlights changes and provides clarification regarding some of the more challenging issues under the law.