Search
Member Login

New Law Requires Notice to Parents When Administrators Receive Certain Reports of Sexual Misconduct

By Rick Verstegen, Douglas E. Witte, Brian P. Goodman, and Heather Curnutt, Attorneys at Boardman Clark

2025 Wisconsin Act 57 (Act 57), codified at Wis. Stat. s. 118.07(6), is now in effect. Under this new law, every school must notify the parent or guardian of a pupil in certain instances when the school receives a report of sexual misconduct by a school staff member against a pupil. Principals of all grade levels need to be aware of this requirement and consider how it will be incorporated into school responses to alleged sexual misconduct by staff members against pupils. 

General Notice Requirement

Every school, after receiving a report that alleges certain sexual misconduct by a school staff member, is required to notify the parent or guardian of each pupil alleged to be a victim, target, or recipient of the alleged sexual misconduct. This notification to the parent or guardian is required only if certain school employees determine that there is reasonable cause to suspect that the alleged conduct occurred. 

When Is A Report Received?

A report is considered received by a school when it is received by certain individuals employed by the school, including the individual(s) designated by the school as the Title IX Coordinator(s), Principals, Assistant Principals, and District Administrators. 

In instances where a report is received by another school employee (like a teacher), the notice requirement is not necessarily triggered. However, if a teacher knows of an allegation of sexual misconduct by a school staff member against a pupil, the teacher will typically need to report such alleged sexual misconduct under Title IX or Board policy to the Title IX Coordinator. Once the Title IX Coordinator receives such a report from the teacher, the requirement to provide notice to parents and guardians will likely be triggered.

What Alleged Conduct Requires Notice?

The individuals discussed above who receive a report must provide notice to the parents and guardians if they determine that there is reasonable cause to suspect that certain alleged conduct occurred. The alleged conduct may include any of the following:

  • Sexual misconduct, as defined under Wis. Stat. s. 948.098(1)(d), by a school staff member, as defined under Wis. Stat. s. 948.098(1)(c).

    • Wis. Stat. s. 948.098 was enacted in 2024 and states that any school staff member or volunteer who commits an act of sexual misconduct against a pupil enrolled in the school is guilty of a Class I felony.

    • Sexual misconduct under this statute includes ​“verbal conduct of a sexual nature” and ​“physical conduct of a sexual nature.” These terms are further defined under Wis. Stat. s. 948.098(1)(a) and (e).

    • Sexual misconduct includes conduct directed by a person at another person of the same or opposite gender.

    • School staff member includes any person who provides services to a school, including an employee and a person who provides services to a school under a contract. School staff members include bus drivers.

  • That an individual who has been convicted of a serious child sex offense (as defined under Wis. Stat. s. 948.13) has engaged in an occupation or participated in a volunteer position that requires the individual to work or interact primarily and directly with children in a manner that would be a felony under Wis. Stat. s. 948.13.

  • That a sex offender, as defined in Wis. Stat. s. 948.14(1)(d), has intentionally captured a representation of a minor pupil without the written consent of the minor pupil’s parent or guardian.

Sexual misconduct by a school staff member under bullet 1 above is fairly broad, so the definition may be met in various instances. Furthermore, school staff should be aware of the need to report sexual misconduct, as defined above, even when there is no clear nexus to school.

Notice under Act 57 is not required if the report received by the school alleges conduct by the pupil’s parent or guardian. However, mandatory reporting of child abuse requirements might apply.

How and When Must Notice Be Provided?

Notice under this section must be provided to the parent or guardian in-person or by phone, including voice mail. Written or email notice alone is insufficient. However, school officials should consider providing written or email notice, in addition to verbal notice, to document that proper notice was given. 

Depending on when the report is received, such notice must be provided either the same day or the next school day. If the report is received on a school day before the end of regularly scheduled instruction, the notice must be provided by 5:00 p.m. on that day. If the report is received on a school day after the end of regularly scheduled instruction or on a day that is not a school day, the notice must be provided by noon of the next calendar day. 

The statute seems to require notice, even in instances where the pupil victim may be eighteen or older. Interestingly, the law does not specify any penalty for a school that fails to provide such notice to the parent or guardian. 

Annual Notice Regarding Access to Records About School Employee Discipline

This new law also requires school boards to annually provide parents and guardians with information regarding their rights to access records regarding school employee discipline under the Wisconsin Public Records Law. 

This law does not specify how school boards must provide information to parents or guardians on this issue. Schools can likely provide this notice at the same time they provide other annual notices to parents or guardians. 

Importantly, a parent’s or guardian’s request for access to records regarding school employee discipline does not necessarily guarantee access to such records. Any request should be reviewed carefully under the circumstances to determine whether disclosure is required, including under the balancing test under the Public Records Law. If disclosure is required, then the district must also consider whether notice is required to the employee before the district can provide access to the records. 

For more information on Act 57, see our firm’s more detailed article here.

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. You may direct your Level I legal questions to AWSA’s retained legal counsel, Attorney Malina Piontek at 608-497-3037 or [email protected].