Date of enactment: July 19, 2023
2023 Assembly Bill 321 Date of publication*: July 20, 2023
2023 WISCONSIN ACT 20
AN ACT to repeal 15.374 (2) and 115.39; to renumber and amend 118.19 (12); to amend 15.01 (6), 115.28 (7) (a),
115.38 (1) (a), 118.015 (title), 118.015 (2), 118.015 (3) (a), 118.33 (6) (b) 3. and 121.02 (1) (c) 3.; to repeal and recre-
ate 118.016; and to create 15.374 (2), 15.377 (9), 115.385 (1) (e), 115.39, 118.015 (1c), 118.015 (1m), 118.015 (5),
118.19 (12) (a) and (b), 118.33 (5m), 118.33 (6) (a) 3., 118.33 (6) (b) 2m., 118.33 (6) (c) 3., 118.33 (6) (cr) 3. and
119.44 (2) (bm) of the statutes; relating to: reading instruction in public schools and private schools participating
in parental choice programs, an early literacy assessment and intervention program, and granting rule−making
authority.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 15.01 (6) of the statutes is amended to
read:
15.01 (6) “Division,” “bureau,” “section,” and “unit”
means the subunits of a department or an independent
agency, whether specifically created by law or created by
the head of the department or the independent agency for
the more economic and efficient administration and oper-
ation of the programs assigned to the department or inde-
pendent agency. The office of credit unions in the depart-
ment of financial institutions, the office of the inspector
general in the department of children and families, the
office of the inspector general in the department of health
services, and the office of children’s mental health in the
department of health services have the meaning of “divi-
sion” under this subsection. The office of the long−term
care ombudsman under the board on aging and long−term
care and the office of educational accountability and the
office of literacy in the department of public instruction
have the meaning of “bureau” under this subsection.
SECTION 2. 15.374 (2) of the statutes is created to
read:
15.374 (2) OFFICE OF LITERACY. There is created an
office of literacy, to be known as the Wisconsin Reading
Center, in the department of public instruction. The
director of the office shall be nominated by the state
superintendent of public instruction after consultation
with the council on early literacy curricula, and with the
advice and consent of the senate appointed, to serve at the
pleasure of the state superintendent of public instruction.
SECTION 3. 15.374 (2) of the statutes, as created by
2023 Wisconsin Act .... (this act), is repealed.
SECTION 4. 15.377 (9) of the statutes is created to
read:
15.377 (9) COUNCIL ON EARLY LITERACY CURRICULA.
(a) There is created in the department of public instruc-
tion a council on early literacy curricula composed of 9
members who have knowledge of or experience with sci-
ence−based early literacy instruction, as defined in s.
118.015 (1c) (b), and literacy curricula for pupils in
grades kindergarten to 3. The members of the council
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 20 2023 Assembly Bill 321
shall be appointed for staggered 3−year terms, as fol-
lows:.
1. Three members appointed by the speaker of the
assembly.
2. Three members appointed by the senate majority
leader.
3. Three members appointed by the state superinten-
dent of public instruction.
(b) An individual may not serve as a member of the
council under this subsection if any of the following
applies:
1. The individual has a financial interest in an entity
that develops, sells, or markets a product to assess read-
ing ability.
2. The individual has a financial interest in an entity
that develops, sells, or markets a product specifically
intended to be used to teach reading.
3. The individual has a financial interest in an entity
that develops, sells, or markets a product to treat reading
difficulties.
(c) For purposes of par. (b), “financial interest in an
entity” includes all of the following:
1. A direct or indirect ownership interest in the entity.
2. Receiving income from the entity during the 12
months preceding the consideration for appointment
under par. (a).
SECTION 5. 115.28 (7) (a) of the statutes is amended
to read:
115.28 (7) (a) License all teachers for the public
schools of the state; make rules establishing standards of
attainment and procedures for the examination and
licensing of teachers within the limits prescribed in ss.
118.19 (2) and (3), 118.191, 118.1915, 118.192, 118.193,
118.194, 118.195, and 118.197; prescribe by rule stan-
dards, requirements, and procedures for the approval of
teacher preparatory programs leading to licensure,
including a requirement that, to be approved by the state
superintendent, a teacher preparatory program shall
demonstrate that it provides instruction that prepares
teachers to teach reading and language arts using sci-
ence−based early reading instruction, as defined in s.
118.015 (1c) (b), and does not provide instruction on
teaching reading and language arts that incorporates
3−cueing, as defined in s. 118.015 (1c) (c), and a require-
ment that, beginning on July 1, 2012, and annually there-
after, each teacher preparatory program located in this
state shall submit to the department a list of individuals
who have completed the program and who have been rec-
ommended by the program for licensure under this sub-
section, together with each individual’s date of program
completion, from each term or semester of the program’s
most recently completed academic year; file in the state
superintendent’s office all papers relating to state teach-
ers’ licenses; and register each such license.
SECTION 6. 115.38 (1) (a) of the statutes is amended
to read:
115.38 (1) (a) Indicators of academic achievement,
including the performance of pupils on the tests adminis-
tered under s. 121.02 (1) (r), the performance of pupils on
assessments required under s. 118.016 (3), and the per-
formance of pupils, by subject area, on the statewide
assessment examinations administered under s. 118.30.
SECTION 7. 115.385 (1) (e) of the statutes is created
to read:
115.385 (1) (e) Beginning with the accountability
report published for the 2024−25 school year, for a school
district other than a union high school district and for
each school that offers grade 3 in that school district, the
percentage of pupils reading at grade level by the end of
3rd grade.
SECTION 8. 115.39 of the statutes is created to read:
115.39 Literacy coaching program. (1) DEFINI-
TIONS. In this section:
(a) “CESA region” means the geographic territory
within the boundaries of a cooperative educational ser-
vice agency.
(b) “Eligible school” means any of the following that
does not provide instruction that incorporates 3−cueing,
as defined in s. 118.015 (1c) (c), in the core reading cur-
riculum for grades kindergarten to 3:
1. A public school, including a charter school estab-
lished under s. 118.40 (2r) or (2x).
2. A private school participating in a program under
s. 118.60 or 119.23.
(c) “Office” means the office of literacy in the depart-
ment.
(2) LITERACY COACHING PROGRAM. The office shall
establish and supervise an early literacy coaching pro-
gram to improve literacy outcomes in this state. As part
of the early literacy coaching program established under
this subsection, the office shall, in consultation with
cooperative educational service agencies, do all of the
following:
(a) Contract with individuals who demonstrate
knowledge and expertise in science−based early literacy
instruction and instructional practices, and have instruc-
tional experience in grades kindergarten to 12 to serve as
literacy coaches. The office may not contract for more
than 64 full−time equivalent positions under this para-
graph.
(b) Provide ongoing training on science−based early
literacy instruction and instructional practices and super-
vision to individuals with whom the office contracts
under par. (a).
(c) Prohibit literacy coaches from using or promoting
instruction that includes 3−cueing, as defined in s.
118.015 (1c) (c).
(3) PARTICIPATION; SCHOOLS AND SCHOOL DISTRICTS.
(a) The office shall assign one−half of the number of lit-
eracy coaches under sub. (2) (a) as follows:
1. Based on scores of the standardized reading test
administered to pupils during the prior school year under − 3 − 2023 Wisconsin Act 20 2023 Assembly Bill 321
s. 121.02 (1) (r), the office shall identify the 50 eligible
schools that had the lowest percentage of pupils score as
proficient in reading at grade level and the 50 eligible
schools that had the largest gap in pupils who scored as
proficient in reading at grade level.
2. a. Subject to par. (c) and subd. 2. b., from the eligi-
ble schools identified under subd. 1., the office shall
select the eligible schools that the office determines have
the greatest need for early literacy instructional coaching
and shall assign at least one but no more than 3 eligible
schools selected under this subdivision to each full−time
equivalent literacy coach.
b. From the eligible schools identified under subd. 1.,
the office shall select at least two eligible schools that are
private schools participating in a program under s. 118.60
or 119.23.
(b) The office shall assign one−half of the number of
literacy coaches under sub. (2) (a), in consultation with
cooperative educational service agencies, to eligible
schools that request early literacy support. The office
shall assign literacy coaches under this paragraph in a
manner that allocates the literacy coaches evenly across
CESA regions.
(c) 1. The total number of full−time equivalent liter-
acy coaches assigned under pars. (a) and (b) to eligible
schools located within the geographical boundaries of a
school district may not exceed the following:
a. For a first class city school district, 10.
b. For a school district other than a first class city
school district, 4.
2. The total number of full−time equivalent literacy
coaches assigned under pars. (a) and (b) to eligible
schools located within a CESA region may not be fewer
than 3.
(d) The office shall ensure that a school assigned a lit-
eracy coach under par. (a) or (b) does not request or
require that the literacy coach perform duties outside the
individual’s role as a literacy coach. For purposes of this
paragraph, the role of a literacy coach is to provide sup-
port to administrators, school−based literacy coaches,
principals, and teachers to build teacher and school
capacity to teach reading and language arts using sci-
ence−based early reading instruction, as defined in s.
118.015 (1c) (b), in order to increase the percentage of
pupils who are reading at grade level by the end of grade
3.
(4) REPORT. By October 15, 2024, and by each Octo-
ber 15 thereafter, the office shall submit a report to the
joint committee on finance that includes at least all of the
following for the previous school year:
(a) The number of literacy coaches assigned to
schools under sub. (3) (a) and (b).
(b) The number of schools that were assigned a liter-
acy coach under sub. (3) (a) and the number of schools
that were assigned a literacy coach under sub. (3) (b).
(c) The number of contracts that the office entered
into under sub. (2) (a) and the number of contracts under
sub. (2) (a) that were terminated.
(d) The number of requests submitted for a literacy
coach under sub. (3) (b).
(e) The results of the standardized reading test
administered under s. 121.02 (1) (r) and assessments
under s. 118.016 in schools that were assigned a literacy
coach under sub. (3) (a) or (b).
(f) A description of the training provided under sub.
(2) (b).
(g) For the 2023−24 and 2024−25 school years, the
number of individuals who completed the mandatory
professional development training under 2023 Wiscon-
sin Act .... (this act), section 27 (2).
SECTION 9. 115.39 of the statutes, as created by 2023
Wisconsin Act .... (this act), is repealed.
SECTION 10. 118.015 (title) of the statutes is amended
to read:
118.015 (title) Reading instruction; early literacy
curricula and instructional materials.
SECTION 11. 118.015 (1c) of the statutes is created to
read:
118.015 (1c) DEFINITIONS. In this section:
(a) “Phonics” means the study of the relationships
between sounds and words; this includes alphabetic prin-
ciple, decoding, orthographic knowledge, encoding, and
fluency.
(b) “Science−based early reading instruction” means
instruction that is systematic and explicit and consists of
at least all of the following:
1. Phonological awareness, including word aware-
ness, rhyme recognition, repetition and creation of allit-
eration, syllable counting or identification, onset, and
rime manipulation.
2. Phonemic awareness, including phoneme identifi-
cation, isolation, blending, segmentation, addition, sub-
stitution, and deletion.
3. Phonics.
4. Building background knowledge.
5. Oral language development.
6. Vocabulary building to develop lexical and mor-
phological knowledge.
7. Instruction in writing.
8. Instruction in comprehension.
9. Reading fluency.
(c) “Three−cueing” means any model, including the
model referred to as meaning, structure, and visual cues,
or MSV, of teaching a pupil to read based on meaning,
structure and syntax, and visual cues or memory.
SECTION 12. 118.015 (1m) of the statutes is created
to read:
118.015 (1m) EARLY LITERACY CURRICULA AND
INSTRUCTIONAL MATERIALS. (a) Beginning in the
2023−24 school year and annually thereafter, the council − 4 −2023 Wisconsin Act 20 2023 Assembly Bill 321
on early literacy curricula shall recommend to the depart-
ment early literacy curricula and instructional materials
for use in the following school year in grades kinder-
garten to 3. The council on early literacy curricula may
recommend only early literacy curricula and instruc-
tional materials that satisfy the following criteria:
1. The curricula and instructional materials include
all of the components of science−based early reading
instruction.
2. The curricula and instructional materials do not
include 3−cueing.
(b) 1. By no later than 30 days after the department
receives recommendations under par. (a), the department
shall submit to the joint committee on finance proposed
recommendations on early literacy curricula and instruc-
tional materials that satisfy the criteria under par. (a) 1.
and 2. for use in the following school year. If the cochair-
persons of the joint committee on finance do not notify
the department within 14 working days after the date of
the submittal of the proposed recommendations that the
committee has scheduled a meeting to review the pro-
posed recommendations, the department shall adopt the
proposed recommendations for use in the following
school year. If, within 14 working days after the date of
the submittal of the proposed recommendations, the
cochairpersons of the committee notify the department
that the committee has scheduled a meeting to review the
proposed recommendations, the department may not
adopt the proposed recommendations unless the commit-
tee approves or modifies the proposed recommendations.
If the committee modifies the plan, the department may
adopt the recommendations only as modified by the com-
mittee.
2. The department shall maintain on its website a cur-
rent list of the early literacy curricula and instructional
materials recommendations adopted under this para-
graph.
(c) The department shall award grants to reimburse
school boards, operators of charter schools, and govern-
ing bodies of private schools participating in a program
under s. 118.60 or 119.23 that adopt a literacy curriculum
from the recommendations adopted under par. (b) after
January 1, 2024. A grant under this paragraph shall be an
amount equal to one−half of the costs of purchasing the
literacy curriculum and instructional materials adopted
from the recommendations adopted under par. (b). If the
amount appropriated for this purpose is insufficient to
pay the full amount to all grant recipients under this para-
graph, the department shall prorate the grant awards
among all grant recipients.
(d) Beginning on the effective date of this paragraph
.... [LRB inserts date], no school board, operator of a
charter school, or governing body of a private school par-
ticipating in a program under s. 118.60 or 119.23 may
purchase curricula or instructional materials that include
3−cueing.
SECTION 13. 118.015 (2) of the statutes is amended
to read:
118.015 (2) EMPLOYMENT OF READING SPECIALISTS.
Each school district shall employ a reading specialist cer-
tified by the department to develop and coordinate a com-
prehensive reading curriculum in grades kindergarten to
12. At the discretion of the state superintendent, a school
district may contract with other school districts or coop-
erative educational service agencies to employ a certified
reading specialist on a cooperative basis.
SECTION 14. 118.015 (3) (a) of the statutes is
amended to read:
118.015 (3) (a) Develop and implement Implement
a reading curriculum in grades kindergarten to 12.
SECTION 15. 118.015 (5) of the statutes is created to
read:
118.015 (5) PROHIBITED INSTRUCTIONAL PRACTICES;
3−CUEING. Beginning in the 2024−25 school year, no pub-
lic school, including a charter school, or private school
participating in a program under s. 118.60 or 119.23 may
provide instruction that incorporates 3−cueing in the core
reading curriculum for grades kindergarten to 3 or in sup-
plemental materials, including materials used for reading
intervention, for pupils in grades kindergarten to 3.
SECTION 16. 118.016 of the statutes is repealed and
recreated to read:
118.016 Reading readiness assessments; charac-
teristics of dyslexia. (1) DEFINITIONS. In this section:
(a) “At−risk” means a pupil scored below the 25th
percentile on a universal screening assessment or diag-
nostic assessment, as indicated by the publisher of the
assessment.
(b) “Diagnostic assessment” means a tool that
includes all of the following:
1. An assessment that evaluates a pupil’s skill in the
areas listed in par. (L) 1. to 5., rapid naming, phonological
awareness, word recognition, spelling, vocabulary, lis-
tening comprehension, and, when developmentally
appropriate for the pupil, oral reading fluency and read-
ing comprehension.
2. An opportunity for a pupil’s parent to complete a
family history survey to provide additional information
about learning difficulties in the pupil’s family.
(c) “Dyslexia” means a specific learning disability
that is all of the following:
1. Neurobiological in origin.
2. Characterized by difficulties with accurate and flu-
ent word recognition and poor spelling and decoding
abilities that typically result from a deficit in the phono-
logical component of language. Consequences of these
difficulties may include problems in reading comprehen-
sion and reduced reading experience that may impede
vocabulary growth and background knowledge.
3. Often unexpected in relation to other cognitive
abilities. − 5 − 2023 Wisconsin Act 20 2023 Assembly Bill 321
(d) “Family history survey” means a questionnaire
that includes questions about previous recommendations
for summer reading support or outside tutoring, general
interest in reading and books, family history of character-
istics of dyslexia, and any known family struggles in
reading or spelling.
(e) “Fidelity” means to perform in the manner that the
author or publisher of a program or assessment intends.
(f) “Fundamental skills screening assessment”
means an assessment that evaluates whether a pupil pos-
sesses phonemic awareness and letter sound knowledge.
(g) “Inadequate rate of progress” means a pupil’s rate
of improvement that is minimal and that with continued
intervention the pupil is unlikely to demonstrate grade−
level skills by the end of the school year.
(h) “Independent charter school” means a charter
school established under s. 118.40 (2r) or (2x).
(i) “Intervention” means an intervention that is all of
the following:
1. Explicit, direct instruction that is systematic,
sequential, and cumulative and follows a logical plan of
presenting the area of deficit that targets the specific
needs of the pupil without presuming prior skills or
knowledge of the pupil.
2. Individualized instruction to meet the specific
needs of a pupil in a setting that uses intensive, highly
concentrated instruction methods and materials that
maximize pupil engagement.
3. Instruction that incorporates the simultaneous use
of 2 or more sensory pathways during teacher presenta-
tions and pupil practice.
(j) “Parent” has the meaning given in s. 115.76 (12)
(a).
(k) “Reading readiness assessment” means a funda-
mental skills screening assessment, universal screening
assessment, or diagnostic assessment.
(L) “Universal screening assessment” means an
assessment that evaluates a pupil’s skill in all of the fol-
lowing areas:
1. Phonemic awareness.
2. Decoding skills.
3. Alphabet knowledge.
4. Letter sound knowledge.
5. Oral vocabulary.
(2) FOUR−YEAR−OLD KINDERGARTEN; SCREENING
REQUIREMENT. Each school board and the operator of
each independent charter school shall annually assess the
early literacy skills of each pupil enrolled in 4−year−old
kindergarten in the school district or in the independent
charter school at least 2 times during the school year
using a fundamental skills screening assessment selected
by the department. The school board or operator of the
independent charter school shall ensure that the first
screening assessment is administered before the 45th day
after the first day of the school term and that the 2nd
screening assessment is administered by the date that is
45 days before the last day of the school term. The school
board or operator of the independent charter school shall
ensure that assessments required under this subsection
are administered with fidelity.
(3) EARLY LITERACY ASSESSMENTS; 5−YEAR−OLD
KINDERGARTEN TO 3RD GRADE. Each school board and the
operator of each independent charter school shall annu-
ally assess the early literacy skills of each pupil enrolled
in 5−year−old kindergarten to 3rd grade in the school dis-
trict or in the independent charter school as follows:
(a) Universal screenings. Screen the pupil at least 3
times during the school year using a universal screening
assessment selected by the department. The school board
or operator of the independent charter school shall ensure
that the universal screening assessments are adminis-
tered at the following times during the school year:
1. The first universal screening assessment is admin-
istered before the 45th day after the first day of the school
term.
2. The 2nd universal screening assessment is admin-
istered in the middle of the school term, as determined by
the school board or operator of the independent charter
school.
3. The 3rd universal screening assessment is admin-
istered by the date that is 45 days before the last day of the
school term.
(b) Diagnostic assessment. Assess a pupil using a
diagnostic assessment as follows:
1. No later than the 2nd Friday of November if a uni-
versal screening assessment administered under par. (a)
1. indicates that the pupil is at−risk.
2. Within 10 days after a universal screening assess-
ment is administered under par. (a) 2. if the universal
screening assessment indicates that the pupil is at−risk.
3. Within 20 days after a teacher or parent who sus-
pects that the pupil has characteristics of dyslexia sub-
mits a request for a diagnostic assessment.
(c) Administering assessments with fidelity. Ensure
that each assessment required under this subsection is
administered with fidelity.
(4) PARENTAL NOTIFICATION. (a) Assessment results.
A school board or operator of an independent charter
school shall provide the results of a reading readiness
assessment, in writing, to a pupil’s parent no later than 15
days after the reading readiness assessment is scored. For
purposes of providing results of a reading readiness
assessment under this paragraph, a school board or opera-
tor of an independent charter school shall provide at least
all of the following to a pupil’s parent in the native lan-
guage of the pupil’s parent:
1. The pupil’s score on the reading readiness assess-
ment.
2. The pupil’s score in each early literacy skill cate-
gory assessed by the reading readiness assessment.
3. The pupil’s percentile rank score on the reading
readiness assessment, if available. − 6 −2023 Wisconsin Act 20 2023 Assembly Bill 321
4. The definition of “at−risk” and the score on the
reading readiness assessment that would indicate that a
pupil is at−risk.
5. A plain language description of the literacy skills
the reading readiness assessment is designed to measure.
(b) Special education information. If a diagnostic
assessment indicates that a pupil is at−risk, a school board
or operator of an independent charter school shall include
information about how to make a special education refer-
ral under s. 115.777 with the diagnostic assessment
results provided to the parent under par. (a).
(c) Dyslexia information; certain pupils. If a school
board or operator of an independent charter school is
required to assess a pupil’s early literacy skills using a
diagnostic assessment, a school board or operator of an
independent charter school shall provide all of the fol-
lowing, in writing, to the pupil’s parent:
1. A description of the common indicators and char-
acteristics of dyslexia.
2. Information about appropriate interventions and
accommodations for pupils with characteristics of dys-
lexia.
(d) Early literacy remediation plan; availability. A
school board or operator of an independent charter school
shall post its early literacy remediation plan, as estab-
lished under sub. (6), on the school district’s or indepen-
dent charter school’s website.
(5) INTERVENTIONS; AT−RISK PUPILS. (a) Personal
reading plans. If a pupil enrolled in 5−year−old kinder-
garten to 3rd grade is identified as at−risk based on a uni-
versal screening assessment or diagnostic assessment,
the school board of the school district or operator of the
independent charter school in which the pupil is enrolled
shall do all of the following:
1. Create a personal reading plan for the pupil that
includes at least all of the following:
a. The pupil’s specific early literacy skill deficien-
cies, as identified by the applicable assessment.
b. Goals and benchmarks for the pupil’s progress
toward grade−level literacy skills.
c. How the pupil’s progress will be monitored.
d. A description of the interventions and any addi-
tional instructional services that will be provided to the
pupil to address the pupil’s early literacy skill deficien-
cies.
e. The programming using science−based early read-
ing instruction, as defined in s. 118.015 (1c) (b), that the
pupil’s teacher will use to provide reading instruction to
the pupil, addressing the areas of phonemic awareness,
phonics, fluency, vocabulary, and comprehension.
f. Strategies the pupil’s parent is encouraged to use
to help the pupil achieve grade−level literacy skills.
g. Any additional services available and appropriate
to accelerate the pupil’s early literacy skill development.
2. Provide the interventions described in the pupil’s
personal reading plan to the pupil, as soon as practicable.
3. Monitor the pupil’s progress at least weekly using
the method described in the pupil’s personal reading plan
to determine whether the pupil demonstrates an inade-
quate rate of progress.
4. Provide a copy of the pupil’s personal reading plan
to the pupil’s parent and obtain a copy of the pupil’s per-
sonal reading plan signed by the pupil’s parent.
5. After providing the interventions described in the
pupil’s personal reading plan to the pupil for 10 weeks,
notify the pupil’s parent of the pupil’s progress, as deter-
mined under the pupil’s personal reading plan.
(b) Deadlines for plan creation. If a school board or
operator of an independent charter school is required to
create a personal reading plan for a pupil under par. (a) 1.,
the school board or operator shall prepare the personal
reading plan as follows:
1. If the pupil is identified as at−risk based on a uni-
versal screening assessment administered under sub. (3)
(a) 1. or based on a diagnostic assessment administered
under sub. (3) (b) 1., no later than the 3rd Friday of
November.
2. If the pupil is identified as at−risk based on a uni-
versal screening assessment administered under sub. (3)
(a) 2. or 3. or based on a diagnostic assessment adminis-
tered under sub. (3) (b) 2. or 3., within 10 days after the
applicable screening assessment is administered.
(c) Inadequate rate of progress. For purposes of
determining whether a pupil demonstrates an inadequate
rate of progress under par. (a) 3., a school board or opera-
tor of an independent charter school shall determine
whether the pupil is likely to demonstrate grade−level
skills by the end of the school year by assessing one of the
following:
1. For a pupil enrolled in 5−year−old kindergarten,
nonword or nonsense word fluency and phoneme seg-
mentation fluency.
2. For a pupil enrolled in 1st, 2nd, or 3rd grade, oral
reading fluency.
(d) Plan completion; 3rd grade. A 3rd grade pupil
who has a personal reading plan under par. (a) 1. is con-
sidered to have completed the personal reading plan if the
pupil’s parent and the pupil’s school agree that the pupil
has met the goals outlined in the personal reading plan
and the pupil scores at grade−level in reading on a sum-
mative assessment, as defined by the department by rule.
(6) EARLY LITERACY REMEDIATION PLAN; SCHOOL DIS-
TRICT OR INDEPENDENT CHARTER SCHOOL. A school board
or operator of an independent charter school shall estab-
lish an early literacy remediation plan for grades 5−year−
old kindergarten to 3 that includes all of the following:
(a) The assessments the school board or operator of
the independent charter school uses to satisfy the require-
ments under sub. (3).
(b) A description of the interventions the school
board or operator of the independent charter school uses
to address characteristics of dyslexia. − 7 − 2023 Wisconsin Act 20 2023 Assembly Bill 321
(c) A description of how the school board or operator
of the independent charter school monitors pupil
progress during interventions, including the frequency of
monitoring pupil progress during interventions and any
assessment tools used to monitor pupil progress during
interventions.
(d) How the school board or operator of the indepen-
dent charter school uses results of assessments required
under sub. (3) to evaluate early literacy instruction being
provided in the school district or at the independent char-
ter school.
(e) A parent notification policy that complies with
subs. (4) and (5) (a) 4. and 5.
(7) REPORTING ASSESSMENT DATA. By no later than
July 15, 2025, and each July 15 thereafter, a school board
shall report for each school and for the school district, and
the operator of an independent charter school shall report
for the independent charter school, all of the following to
the department:
(a) The number of pupils who were identified as at−
risk as the result of a fundamental skills screening assess-
ment administered in the previous school year.
(b) The number of pupils who were identified as at−
risk as the result of a universal screening assessment
administered in the previous school year.
(c) The number of pupils who were identified as at−
risk as the result of a diagnostic assessment administered
in the previous school year.
(d) The names of the diagnostic assessments used to
assess pupils in the previous school year.
(e) The number of pupils enrolled in 5−year−old
kindergarten to 3rd grade who began receiving interven-
tions during the previous school year, by grade.
(f) The total number of pupils enrolled in 5−year−old
kindergarten to 3rd grade who received interventions
under a personal reading plan during the previous school
year.
(g) The number of pupils enrolled in 5−year−old
kindergarten to 3rd grade who exited interventions dur-
ing the previous school year, by grade.
(h) The number of pupils for whom a referral under
s. 115.777 was made during the previous school year
based on diagnostic assessment results provided to a par-
ent under sub. (4) (a).
(8) DEPARTMENT; DUTIES. (a) Selected and approved
reading readiness assessments. 1. By no later than July
15, 2024, and subject to subd. 2., the department shall
select a fundamental skills screening assessment and a
universal screening assessment, and establish and main-
tain a list of diagnostic assessments that are approved by
the department for use under this section.
2. The department may select or approve an assess-
ment under subd. 1. only if the assessment meets all of the
following criteria:
a. The assessment has a sensitivity rate of at least 70
percent.
b. The assessment has a specificity rate of at least 80
percent.
c. The assessment includes a growth measure.
3. The department shall publish a list of the assess-
ments selected or approved under subd. 1. on its website
and submit the lists of approved assessments to the appro-
priate standing committees of the legislature under s.
13.172 (3). If the department modifies a list under subd.
1., the department shall submit the modified list to the
appropriate standing committees of the legislature under
s. 13.172 (3).
(b) Reports to the legislature. By November 30,
2025, and by each November 30 thereafter, the depart-
ment shall compile the information it receives under sub.
(7) and submit a report to the appropriate standing com-
mittees of the legislature under s. 13.172 (3) that includes
the number of pupils identified as at−risk in the previous
school year, by school and by school district.
(9) STATE SUPPORT. (a) Payments and assessments.
From the appropriation under s. 20.255 (1) (f) and subject
to par. (b), the department shall pay a school board or
operator of an independent charter school the per pupil
cost of each reading readiness assessment required to be
administered under sub. (3) (b). Beginning in the
2025−26 school year, the department may pay a school
board or operator of an independent charter school under
this paragraph only if the school board or operator of the
independent charter school does all of the following:
1. Submits the report required under sub. (7) for the
previous school year.
2. In the report required under sub. (7) for the previ-
ous school year, indicates that the school board or opera-
tor of the independent charter school used only reading
readiness assessments selected or approved under sub.
(8) (a) for that school year.
(b) Proration. If the appropriation under s. 20.255
(1) (f) in any fiscal year is insufficient to pay the full
amount of aid under par. (a), the department shall prorate
state aid payments among the school boards and opera-
tors of independent charter schools entitled to the aid.
(c) Assessments. The department shall provide to
each school board and operator of an independent charter
school the reading readiness assessments required for the
school board or operator to comply with sub. (2) and (3)
(a), at no cost to the school board or independent charter
school.
(10) ENFORCEMENT. (a) If a parent or guardian of a
pupil enrolled in 4−year−old kindergarten to 3rd grade in
a school district or independent charter school believes
that the school board or operator of the independent char-
ter school is not in compliance with this section, the par-
ent or guardian may file a complaint with the department
that describes the specific manner in which the school
board or operator is not in compliance with this section.
The department shall review a complaint received under
this paragraph and issue a determination on whether the − 8 −2023 Wisconsin Act 20 2023 Assembly Bill 321
school board or operator is in compliance with this sec-
tion. If the department determines that a school board or
operator of an independent charter school is not in com-
pliance with this section, the department shall notify the
school board or operator of its determination and shall
include in the notice the specific actions required for the
school board or operator to be in compliance with this
section.
(b) If the department determines under par. (a) that
a school board or operator of an independent charter
school is not in compliance with this section and the
school board or operator continues to fail to comply with
this section, the complainant under par. (a) may bring an
action for injunctive relief or a writ of mandamus in cir-
cuit court to compel the school board to comply with this
section.
(11) RULES. The department may promulgate rules
under this section only on the following:
(a) A process to select or approve assessments under
sub. (8) (a).
(b) A process to request that a specific diagnostic
assessment be approved by the department.
SECTION 17. 118.19 (12) of the statutes is renum-
bered 118.19 (12) (intro.) and amended to read:
118.19 (12) (intro.) Beginning on July 1, 1998, the
The department may not issue a license that authorizes
the holder to teach reading or language arts to pupils in
any prekindergarten class or in any of the grades from
kindergarten to 6 unless the applicant has successfully
completed instruction preparing the applicant to teach
reading and language arts using appropriate instructional
methods, including phonics. The phonics instruction
need not be provided as a separate course. In this subsec-
tion, “phonics” means a method of teaching beginners to
read and pronounce words by learning the phonetic value
of letters, letter groups and syllables. that satisfies all of
the following:
SECTION 18. 118.19 (12) (a) and (b) of the statutes are
created to read:
118.19 (12) (a) The instruction prepared the appli-
cant to teach reading and language arts using science−
based early reading instruction, as defined in s. 118.015
(1c) (b).
(b) For licenses issued on or after July 1, 2026, the
instruction did not include 3−cueing, as defined in s.
118.015 (1c) (c), as a method to teach reading and lan-
guage arts.
SECTION 19. 118.33 (5m) of the statutes is created to
read:
118.33 (5m) By January 1, 2025, the department
shall establish a model policy for promoting a pupil from
the 3rd grade to the 4th grade. The department shall
include in the model policy at least all of the following:
(a) A requirement that the school board or operator
of the charter school under s. 118.40 (2r) or (2x) do all of
the following for a pupil promoted to 4th grade who had
a personal reading plan under s. 118.016 (5) (a) 1. during
the 3rd grade and who is not considered to have com-
pleted the personal reading plan under s. 118.016 (5) (d):
1. Provide the pupil with intensive instructional ser-
vices, progress monitoring, and supports to remediate the
identified areas of deficiency.
2. Notify the pupil’s parent or guardian, in writing,
that the pupil did not complete the personal reading plan
under s. 118.016 (5) (a) 1. and include a description of the
intensive instructional services and supports that will be
provided to the pupil to remediate the identified areas of
reading deficiency.
3. Provide the pupil with an intensive summer read-
ing program each summer until the pupil scores at grade−
level in reading on a summative assessment.
(b) A good cause exception to the requirement under
par. (a) for all of the following:
1. Limited−English proficient pupils, as defined in s.
115.955 (7).
2. A pupil who has an individual education plan that
indicates that neither taking the examination under s.
121.02 (1) (r) nor taking the assessments under s. 118.016
(3) is appropriate for the pupil.
3. A pupil who scores as proficient in reading on an
alternative standardized assessment approved by the
department.
4. A pupil who has an individual education plan or a
plan to provide accommodations or services under sec-
tion 504 of the federal Rehabilitation Act of 1973 that
indicates that the pupil has received intensive interven-
tion in reading for more than 2 years if the pupil continues
to demonstrate a deficiency in reading and was previ-
ously retained in kindergarten, 1st, 2nd, or 3rd grade.
5. A pupil who has received intensive intervention in
reading for 2 or more school years, continues to demon-
strate a deficiency in reading, and was previously
retained in kindergarten, 1st, 2nd, or 3rd grade for a total
of 2 years.
SECTION 20. 118.33 (6) (a) 3. of the statutes is created
to read:
118.33 (6) (a) 3. By July 1, 2025, each school board
shall adopt a written policy specifying the criteria for pro-
moting a pupil from the 3rd grade to the 4th grade that
includes at least all of the components under sub. (5m) (a)
and (b). Beginning on September 1, 2027, a school board
may not promote a 3rd grade pupil to the 4th grade unless
the pupil satisfies the criteria for promotion specified in
the school board’s policy under this subdivision.
SECTION 21. 118.33 (6) (b) 2m. of the statutes is cre-
ated to read:
118.33 (6) (b) 2m. By July 1, 2025, each operator of
a charter school under s. 118.40 (2r) or (2x) shall adopt
a written policy specifying the criteria for promoting a
pupil from the 3rd grade to the 4th grade that includes at
least all of the components under sub. (5m) (a) and (b).
Beginning on September 1, 2027, an operator of a charter − 9 − 2023 Wisconsin Act 20 2023 Assembly Bill 321
school under s. 118.40 (2r) or (2x) may not promote a 3rd
grade pupil to the 4th grade unless the pupil satisfies the
criteria for promotion specified in the charter school
operator’s policy under this subdivision.
SECTION 22. 118.33 (6) (b) 3. of the statutes is
amended to read:
118.33 (6) (b) 3. If a school board enters into an
agreement with a federally recognized American Indian
tribe or band in this state to establish a charter school, the
criteria specified in the policy policies adopted by that
school board under par. (a) 1. and 3. apply to pupils
enrolled in the charter school and that school board is
subject to the prohibitions in par. (a) 2. and 3. with respect
to pupils enrolled in the charter school, regardless of the
location of the charter school.
SECTION 23. 118.33 (6) (c) 3. of the statutes is created
to read:
118.33 (6) (c) 3. By July 1, 2025, the governing body
of each private school participating in the program under
s. 119.23 shall adopt a written policy specifying the crite-
ria for promoting a pupil from the 3rd grade to the 4th
grade that includes at least a requirement to provide to a
pupil promoted to 4th grade who scored below grade−
level in reading on the examination under s. 121.02 (1) (r)
the services described in sub. (5m) (a) 1. to 3. and a good
cause exception similar to the exception under sub. (5m)
(b). Beginning on September 1, 2027, the governing
body of a private school participating in the program
under s. 119.23 may not promote a 3rd grade pupil to the
4th grade unless the pupil satisfies the criteria for promo-
tion specified in the governing body’s policy under this
subdivision.
SECTION 24. 118.33 (6) (cr) 3. of the statutes is cre-
ated to read:
118.33 (6) (cr) 3. By July 1, 2025, the governing body
of each private school participating in the program under
s. 118.60 shall adopt a written policy specifying the crite-
ria for promoting a pupil from the 3rd grade to the 4th
grade that includes at least a requirement to provide to a
pupil promoted to 4th grade who scored below grade−
level in reading on the examination under s. 121.02 (1) (r)
the services described in sub. (5m) (a) 1. to 3. and a good
cause exception similar to the exception under sub. (5m)
(b). Beginning on September 1, 2027, the governing
body of a private school participating in the program
under s. 118.60 may not promote a 3rd grade pupil to the
4th grade unless the pupil satisfies the criteria for promo-
tion specified in the governing body’s policy under this
subdivision.
SECTION 25. 119.44 (2) (bm) of the statutes is created
to read:
119.44 (2) (bm) The performance of pupils on the
assessments administered during the prior school year
under s. 118.016 (3), categorized by school, gender, and
ethnicity.
SECTION 26. 121.02 (1) (c) 3. of the statutes is
amended to read:
121.02 (1) (c) 3. The pupil’s reading assessment per-
formance on an assessment under s. 118.016 (3) indicates
that the pupil is at risk of reading difficulty at−risk, as
defined in s. 118.016 (1) (a). If this subdivision applies,
the interventions or services provided the pupil shall be
scientifically based include the components of science−
based early reading instruction, as defined in s. 118.015
(1c) (b), and shall address all areas in which the pupil is
deficient in a manner consistent with the state standards
in reading and language arts.
SECTION 27.0Nonstatutory provisions.
(1) COUNCIL ON EARLY LITERACY CURRICULA; INITIAL
APPOINTMENTS, RECOMMENDATIONS FOR THE 2024−25
SCHOOL YEAR.
(a) Appointments. Notwithstanding s. 15.377 (9), the
initial members of the council on early literacy curricula
shall be appointed as follows:
1. Except as provided in subd. 2., 9 members who
have knowledge of or experience with science−based
early literacy instruction, as defined in s. 118.015 (1c)
(b), and literacy curricula for pupils in grades kinder-
garten to 3 appointed jointly by the state superintendent
of public instruction, the speaker of the assembly, and the
senate majority leader.
2. If the state superintendent of public instruction, the
speaker of the assembly, and the senate majority leader
do not jointly appoint 9 members by 45 days after the
effective date of this subdivision:
a. Three members who have knowledge of or experi-
ence with science−based early literacy instruction, as
defined in s. 118.015 (1c) (b), and literacy curricula for
pupils in grades kindergarten to 3 appointed by the
speaker of the assembly.
b. Three members who have knowledge of or experi-
ence with science−based early literacy instruction, as
defined in s. 118.015 (1c) (b), and literacy curricula for
pupils in grades kindergarten to 3 appointed by the senate
majority leader.
c. Three members who have knowledge of or experi-
ence with science−based early literacy instruction, as
defined in s. 118.015 (1c) (b), and literacy curricula for
pupils in grades kindergarten to 3 appointed by the state
superintendent of public instruction.
3. If members are appointed under subd. 2., the
speaker of the assembly, the senate majority leader, and
the state superintendent of public instruction shall make
their respective appointments by no later than 60 days
after the effective date of this subdivision.
(b) Staggered terms. Notwithstanding the length of
terms specified for the members of the council on early
literacy curricula under s. 15.377 (9) (a), 3 of the initial
members shall be appointed for terms expiring on July 1,
2024; 3 of the initial members shall be appointed for − 10 −2023 Wisconsin Act 20 2023 Assembly Bill 321
terms expiring on July 1, 2025; and 3 of the initial mem-
bers shall be appointed for terms expiring on July 1, 2026.
At the expiration of an initial term, each of the appointing
authorities under s. 15.377 (9) (a) 1., 2., and 3. shall
appoint one member to the council.
(c) Recommendations for the 2024−25 school year.
1. The council on early literacy curricula shall submit
to the department of public instruction recommendations
for literacy curricula and instructional materials for
grades kindergarten to 3 for use in the 2024−25 school
year by no later than December 1, 2023. The council on
early literacy curricula may recommend only literacy
curricula and instructional materials that satisfy the crite-
ria in s. 118.015 (1m) (a) 1. and 2.
2. Notwithstanding s. 118.015 (1m) (b), as soon as
practicable but by no later than February 1, 2024, the
department of public instruction shall submit to the joint
committee on finance proposed recommendations for lit-
eracy curricula and instructional materials for grades
kindergarten to 3 for use in the 2024−25 school year.
(2) MANDATORY EARLY READING INSTRUCTION PRO-
FESSIONAL DEVELOPMENT.
(a) Each school board and operator of a charter
school shall ensure that, by July 1, 2025, or for an individ-
ual hired after January 1, 2025, but before July 1, 2025,
by no later than 6 months after the individual’s date of
hire, each individual who teaches a grade from kinder-
garten to 3 in the school district or charter school, each
individual employed by the school board or charter
school as a principal of a school that offers grades kinder-
garten to 3, and each individual employed by the school
board or charter school as a reading specialist has
received professional development training that is all of
the following:
1. Lexia Learning Systems, LLC, Language Essen-
tials for Teachers of Reading and Spelling training or
another program endorsed by the Center for Effective
Reading Instruction as an accredited independent teacher
training program.
2. Offered by the Leadership in Literacy Institute or
a provider that meets all of the following requirements:
a. The provider provides evidence of at least 5 years
of experience conducting evidence−aligned, systematic,
structured literacy trainings specifically for school prin-
cipals, administrators, and literacy teams.
b. The provider demonstrates that the training con-
tent is aligned with the National Reading Panel Report
and subsequent updates of the research by the Institute of
Education Sciences.
c. The provider requires that training include a sub-
stantial focus and understanding on direct instruction.
d. The provider delivers the training over at least 6
days during the 2023−24 or 2024−25 school year.
e. The provider provides participants with activities
to implement evidence−aligned systems and structures
that effectuate change in the school or school district.
f. The provider delivers training that allows for a
minimum of 30 participants.
(b) The Board of Regents of the University of Wis-
consin System shall ensure that, by July 1, 2025, any fac-
ulty or academic staff member of the University of Wis-
consin System who teaches a course that includes
curriculum in reading instruction designed for an indi-
vidual who intends to apply for a license issued by the
department of public instruction to teach a grade from
kindergarten to 3, to be a principal, or to be a reading spe-
cialist has received the professional development train-
ing specified in par. (a) 1. and 2.
SECTION 28.0Initial applicability.
(1) LICENSE TO TEACH; LITERACY REQUIREMENT. The
treatment of s. 118.19 (12) first applies to an application
for a license to teach under s. 118.19 received by the
department on July 1, 2025.
SECTION 29.0Effective dates. This act takes effect on
the day after publication, except as follows:
(1) The repeal of ss. 15.374 (2) and 115.39 takes
effect on July 1, 2028.
(2) The treatment of ss. 115.38 (1) (a), 118.016,
118.33 (5m) and (6) (a) 3., (b) 2m. and 3., (c) 3., and (cr)
3., 119.44 (2) (bm), and 121.02 (1) (c) 3. takes effect on
July 1, 2024.