The Capitol Report, produced by WisPolitics.com — a nonpartisan, Madison-based news service that specializes in coverage of government and politics — provides a weekly analysis of issues being debated in Wisconsin state government. It is underwritten by the WNA and produced exclusively for its members. WisPolitics.com President Jeff Mayers is a former editor and reporter for the Associated Press and a former political writer for the Wisconsin State Journal.
By WisPolitics-State Affairs
Jill Underly got reelected as state schools superintendent in April while being accused of avoiding debates.
When she recently failed to show at a legislative hearing over her department’s handling of sexual misconduct cases, criticism mounted again.
Underly responded to the backlash as a “partisan political sideshow,” dismissed GOP calls for her resignation as “preposterous,” and appeared before lawmakers.
But that response didn’t quell the unease, with the Joint Legislative Audit Committee unanimously approving in early November an audit of the Department of Public Instruction’s policies on the revocation and suspension of education officials’ licenses.
The proposed audit was prompted by a media report finding DPI had investigated more than 200 teachers, aides, substitutes and administrators between 2018 and 2023 following accusations of sexual misconduct or grooming behaviors.
Ahead of one hearing, Underly touted a new online resource listing revoked and surrendered educator licenses. She said DPI is exploring how to include information indicating why licenses were revoked or suspended.
Meanwhile, GOP lawmakers questioned why the DPI didn’t ask for more support from the GOP-led Legislature to combat the problem before the publication of a Capital Times report shedding light on it. Senate Education Committee Chair John Jagler, R-Watertown, rejected the idea that lawmakers are looking to score political points.
Underly said her work has always been about doing what’s right for students.
“And that’s why in recent weeks, it’s been deeply disappointing to see attempts to turn this serious issue into yet another partisan political sideshow,” Underly said. “Because our kids deserve better than that, Wisconsin families deserve better than that. But we won’t be distracted or deterred, our focus remains exactly where it belongs: on protecting kids and not playing politics.”
Underly also voiced support for changes to help DPI combat misconduct, such as establishing grooming as a crime in state law, giving the agency subpoena authority and requiring private schools to report immoral conduct to DPI. Private school educators aren’t required to hold DPI licenses and unlicensed staff fall outside its investigative authority.
Jagler said he appreciated the new online database, which he noted DPI was able to create without additional funding. Still, he said the agency hadn’t brought concerns to legislators about a need for funding to address educator misconduct cases specifically.
“So you say we’re making political points or people are making political hay,” Jagler said. “My frustration is the Legislature’s getting blamed for stuff, and now you’re able to make some counter actions and make some recommendations, which is great, but where was all this before the article ran?”
Underly said she’s never been invited to testify before the Joint Finance Committee on her budget proposals and that DPI’s operating budget was cut 10% in the state budget.
“I think that there is some, you know, political stuff here at play. I feel like I’ve been trying to advocate for these resources the past five years, and even before that when I was in a school district,” she said.
Sen. Chris Larson, D-Milwaukee, said GOP lawmakers had ignored DPI’s past pleas for increased funding, criticizing what he called a “witch hunt.”
“It does seem like some up here are obfuscating, trying to pretend, hide the pen, that you don’t have the ability to write budgets up here, we don’t have the ability to write laws,” Larson said.
He argued more needs to be done to ensure accountability with respect to private schools.
“It is just beyond me that we are still not doing anything for private schools and even throughout this, after an investigation is concluded, and even some of these most egregious behaviors, that a teacher can walk out the door on a Friday, have no license to teach in the state of Wisconsin in a public school, but on a Monday they can walk into another school in the state of Wisconsin and … if it’s a private school, that the parents will never know,” Larson said.
At a press conference ahead of the hearing, Underly responded to calls by some Republicans for her resignation.
“It’s preposterous to be honest, because investigations are our job,” Underly said. “I believe the thing was like, you know, ‘DPI did 200 investigations and kept them from the public.’ Well, we do investigations, that is our job. At the end of the day, not every investigation is credible, sometimes allegations are false, but we follow due process. And just to be very clear, we hide nothing.”
Underly also said she gave new legislation to criminalize grooming a “cursory glance” and looks forward to discussing it.
The GOP proposal would make it a Class G felony to groom a child for sexual activity. The penalty would increase under certain conditions, such as if the perpetrator is in a position of trust or authority over the child, if the child has a disability known to the person, and if the violation involves two or more children.
“Again, the department does not cover up misconduct, we do not shield information from the public, we do not ignore allegations, and we do everything in our power to remove those who harm children from classrooms, and we do it urgently and decisively,” Underly said.
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