Lawmakers Ask For AG Opinion on Alleged Loophole in Teacher Grooming Cases
Contentious legislative hearing follows news report finding 200 school investigations of sexual misconduct or grooming.
The Wisconsin State Capitol is seen from Bascom Hill on Tuesday, Sept. 16, 2025, in Madison, Wis. Angela Major/WPR
State lawmakers are seeking a legal opinion from Wisconsin Attorney General Josh Kaul about whether allegations of public school teachers grooming students is punishable by an existing state law barring immoral conduct that endangers children’s safety.
The unanimous vote came after a three-hour hearing in which Republican lawmakers accused Wisconsin Department of Public Instruction Superintendent Jill Underly of hiding from scrutiny. Underly was invited to speak at Thursday’s hearing, but did not appear because she was out of state.
Republicans called the hearing after the Madison-based Capital Times published a story that found the Department of Public Instruction investigated more than 200 accusations of sexual misconduct or grooming behaviors by teachers, aids, substitutes and administrators between 2018 and 2023. The term “grooming” refers to an attempt by an adult to build a relationship with a child with an intention of initiating a sexual relationship with them.
The report found DPI policy allows educators to forfeit their teaching licenses to end misconduct investigations.
In previous statements, Underly has denied some of the article’s reporting and said it’s led to “misconceptions” about the state’s teacher licensing system. In a video posted Wednesday, she pushed back against suggestions that “voluntary surrender” of a teaching license is a “loophole,” calling that step a “serious, permanent action.”
“Their name is entered into a national database and is shared among all state education agencies flagging them for educator licensing agencies across the country that protects kids,” Underly said. “We do not do this work in the shadows. Our process is transparent and is available for anyone to see.”
State Superintendent Jill Underly speaks Thursday, Sept. 21, 2023, at the Wisconsin State Capitol in Madison, Wis. Angela Major/WPR
Speaking for Underly during Thursday’s hearing, Deputy State Superintendent Tom McCarthy said whenever DPI is aware of grooming allegations against school staff, the department uses whatever authority it has to get them out of the classroom. He said the challenge for the department and schools is that current state law on teacher license revocation cites “immoral conduct,” and isn’t specific about what constitutes grooming behaviors. McCarthy said that means school and DPI investigators have to make “judgment calls” that can be challenged by the accused in court.
Republican members of the committee, including chair Rep. Amanda Nedweski, R-Pleasant Prairie, bristled at McCarthy’s suggestion.
“I don’t understand where there’s confusion,” Nedweski said. “Do we have to explicitly write the word ‘grooming’ in this law to spell out that grooming is not commonly accepted moral and ethical standards? I tend to believe that most Wisconsinites would think the law is comprehensive and that any kind of behavior that resembles grooming in any definition is already covered there.”
Nedweski continued, stating it’s “quite remarkable” the statutory language of immoral conduct under the law has been acceptable for years. She suggested DPI is only seeking modifications because of the Capital Times report.
State Rep. Francesca Hong, D-Madison, who is running for governor in 2026, said she thinks everyone can agree that students’ safety is of utmost importance.“
And what I have not been hearing today is what this body is going to do, especially those of us as lawmakers, to put in preventative measures and stop any child from becoming a victim of abuse in schools or in the home,” Hong said.
She asked McCarthy about DPI citing a lack of resources for conducting investigations and updating a department website related to the status of teaching licenses in the state. McCarthy said the agency has moved limited resources around “to keep people safe, fill in the gap, because it’s the right thing to do.”
“We’re running a lean government,” McCarthy said.
In a statement, a Wisconsin Department of Justice spokesperson said if the Legislature submits a formal request to Kaul, “it would be reviewed.”
“If the request is accepted, DOJ alerts the requester and those who have requested to receive alerts about pending AG opinions,” said Wisconsin DOJ spokesperson Riley Vetterkind. “DOJ generally allows time for the public to provide additional information for consideration.”
The political fallout from the Capital Times investigation has already made its way into Wisconsin’s 2026 race for governor. Just after the hearing, Republican U.S. Rep. Tom Tiffany, who is considered a GOP frontrunner in the race for governor, called on Democratic Gov. Tony Evers to demand Underly “either do her job or step aside.” He also said he’d he’ll be talking about the teacher licensing issue, and how he’d raise educational standards “throughout the campaign.”
Lawmakers seek legal opinion from Wisconsin AG following report on teacher sexual misconduct was originally published by Wisconsin Public Radio.
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