Wisconsin Legislative Council
AMENDMENT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Memo published: June 28, 2023 Contact: Katie Bender-Olson, Principal Attorney
Emily Hicks, Staff Attorney
2023 Senate Bill 329
Senate Substitute
Amendment 1, as Amended by
Senate Amendment 1
2023 SENATE BILL 329
2023 Senate Bill 329 makes various changes to current law relating to reading instruction, curriculum,
assessments, and interventions.
Council on Early Literacy Curricula
The bill creates an Office of Literacy within the Department of Public Instruction (DPI), as well as a
Council on Early Literacy Curricula located within the Office of Literacy. The council consists of nine
members appointed by the Speaker of the Assembly, the Senate Majority Leader, and the State
Superintendent of Public Instruction, and is responsible for annually recommending science-based
literacy curricula and instructional materials for use in grades kindergarten through three. The council
must submit recommendations to DPI, and the agency must submit recommendations to the Joint
Committee on Finance (JCF) for passive review.
Adoption of New Literacy Curriculum and Grants
Senate Bill 329 imposes reading curriculum requirements on traditional public schools, independent
charter schools, and private schools participating in the Milwaukee Parental Choice Program, the
Racine Parental Choice Program, and the Wisconsin Parental Choice Program (collectively, parental
choice programs). Beginning in 2024, any of these schools that adopt a new literacy curriculum must
adopt one recommended by the Council on Early Literacy Curricula.
The bill also creates grants covering a portion of costs for purchasing recommended curriculum and
instructional materials. DPI must provide schools with 50 percent reimbursement for eligible costs,
except that DPI must prorate payments if there are insufficient funds to cover all grant awards.
Prohibition on the Use of Three-Cueing in Literacy Instruction
Senate Bill 329 prohibits traditional public schools and independent charter schools from incorporating
three-cueing in the core reading curriculum, supplemental materials, and materials used for reading
intervention in grades kindergarten through three, beginning in the 2024-25 school year. Three-cueing
means any model of teaching a student to read based on meaning, structure, and syntax, and visual cues
or memory, including the model referred to as meaning, structure, and visual cues, or MSV.
Literacy Coaching Program
The bill establishes a Literacy Coaching Program within the new DPI Office of Literacy. The program
assigns literacy coaches to traditional public schools, independent charter schools, and private schools - 2 -
participating in a parental choice program. Under the bill, DPI must assign half of the literacy coaches
to schools with the lowest reading scores on the standardized third grade reading assessment and half
to schools that request such assistance.
Assessments and Intervention
Current law requires traditional public schools and independent charter schools to assess students in
four year-old kindergarten (4K) through second grade for reading readiness each year. This assessment
must evaluate whether the student possesses phonemic awareness and letter sound knowledge.
Senate Bill 329 replaces the 4K to second grade requirement with a new system of literacy assessment
involving more frequent testing, and creates a new assessment requirement for students in five year-old
kindergarten (5K) to third grade. The bill requires traditional public schools and independent charter
schools to administer fundamental skills screening assessments to 4K students twice per year, and
universal screening assessments to 5K to third grade students three times per year.
If a 5K to third grade student scores below the 25th percentile on a universal screening assessment, the
school must administer a diagnostic assessment to evaluate certain literacy skills and provide
interventions. These interventions must include creation of a personal reading plan identifying the
student’s specific skill deficiencies, providing goals and benchmarks for progress, and describing
additional instructional services the student will receive. Any student who scores below the 25th
percentile on the subsequent diagnostic assessment must receive interventions (including a personal
reading plan), as well as information about the special education referral system.
DPI selects the fundamental skills screening and universal screening assessments, but establishes a list
of approved diagnostic assessments from which school districts and independent charter schools may
choose. DPI must pay each district and independent charter school for the per-student cost of
fundamental skills screening assessments, universal screening assessments, and diagnostic
assessments. The agency must prorate payments if there are insufficient funds to cover all eligible
assessment costs.
Third Grade Retention
Senate Bill 329 requires DPI to adopt a model policy for promoting students from third grade to fourth
grade and requires all school boards, operators of independent charter schools, and governing bodies of
private schools participating in a parental choice program to adopt their own third grade promotion
policies. These policies must include specified provisions, including that third grade students who
perform in the lowest proficiency category on the standardized third grade reading assessment must be
retained in third grade.
Beginning on September 1, 2028, traditional public schools, independent charter schools, and parental
choice schools cannot promote a student to the fourth grade unless the student meets the criteria for
promotion specified in the school policy.
Teacher Preparation Programs
The bill provides that the State Superintendent may not approve a teacher preparatory program unless
the program provides instruction that prepares teachers to teach science-based early literacy instruction
and does not provide instruction that incorporates three-cueing. - 3 -
School and District Reporting
Senate Bill 329 requires data from the standardized third grade reading test to be included on the
school and district report card for every school that offers third grade, and requires data from the
required assessments and screeners to be included on each public school’s school performance report.
Teacher Licensing
Current law prohibits DPI from issuing a license to teach reading or language arts in pre-kindergarten
through sixth grade unless the applicant has successfully completed instruction preparing the
individual to teach reading and language arts using phonics. Senate Bill 329 amends the requirement so
that applicants must receive instruction to teach reading and language arts using science-based literacy
instruction that does not include three-cueing as a method of instruction.
Professional Development
Senate Bill 329 requires all of the following individuals to receive specific professional development
training in science-based reading instruction: (1) educators who teach grades kindergarten through
three; (2) principals of schools that offer grades kindergarten through three; (3) reading specialists; and
(4) University of Wisconsin (UW) System faculty and academic staff members who teach a course that
includes curriculum in reading instruction designed for educators. The professional development must
meet certain requirements, including that the training be the Voyager Sopris Language Essentials for
Teachers of Reading and Spelling (LETRS) or another program endorsed by the Center for Effective
Reading Instruction.
SENATE SUBSTITUTE AMENDMENT 1, AS AMENDED BY SENATE
AMENDMENT 1
Senate Substitute Amendment 1, as amended by Senate Amendment 1 (hereinafter, “the substitute
amendment”) retains large portions of Senate Bill 329, but makes a number of substantive changes.
Those changes are outlined below, and include revisions regarding third grade retention and
promotion, three-cueing reading instruction, adoption of new literacy curriculum, reimbursement for
reading assessments, reading data reported on school report cards, deadlines for the Council on Early
Literacy Curricula, and required professional development.
Elimination of Required Third Grade Retention
The substitute amendment eliminates the third grade retention policy requirement for traditional
public schools, independent charter schools, and choice schools. The amendment instead requires
schools to provide the following interventions for students not reading at grade level in third grade: (1)
intensive instructional services, progress monitoring, and supports to remediate the identified areas of
deficiency; and (2) an intensive summer reading program each summer until the student scores at
grade level in reading.
1
Schools must implement a policy incorporating these requirements, as included
in the DPI model policy,
2
by September 1, 2027.
1
The substitute amendment also requires parental notification that a student did not complete his or her personal
reading plan, which is applicable to traditional public school and independent school students, and a description of
services and supports that will be provided to remediate identified areas of reading deficiency.
2
Senate Bill 329 requires DPI to establish a model policy for promoting students to fourth grade and individual school
districts, independent charter schools, and choice schools must adopt their own promotion policies that incorporate - 4 -
Traditional public schools, independent charter schools, and choice schools must provide the same
interventions to qualifying students, but the trigger for providing the services is slightly different.
Traditional public schools and independent charter schools must provide the services to students who
have a personal reading plan in place during third grade and have not completed the plan. A student
completes the reading plan when the student scores at grade level in reading, as determined by DPI
rule, and the student’s parents and school agree that the student has met the plan goals.
Private schools participating in a parental choice program must provide the required interventions to
students who score below grade level in reading on the third grade reading test, rather than to students
with a personal reading plan in place. Choice schools must administer the third grade reading test to
choice students, but are not required to administer universal screening and diagnostic assessments in
5K-3 or create personal reading plans for students.
Elimination of Requirement to Use a Recommended K-3 Literacy Curriculum
The substitute amendment eliminates the requirement for traditional public schools, independent
charter schools, and parental choice schools adopting a new K-3 literacy curriculum to use one
recommended by the Council on Early Literacy. However, schools must still adopt a recommended
curriculum to be eligible for reimbursement grants for purchasing costs.
Prohibition on Choice Schools Using Three-Cueing Instruction
The substitute amendment prohibits private schools participating in a parental choice program from
using three-cueing instruction or materials. The original bill prohibited only traditional public schools
and independent charter schools from using three-cueing, but the substitute amendment extends the
prohibition to include schools participating in a parental choice program.
Change to Reimbursements for Reading Readiness Assessments
The substitute amendment changes how DPI covers school district and independent charter school
costs for administering required fundamental skills screening assessments in 4K, universal screening
assessments in 5K-3, and diagnostic assessments in 5K-3. Under the substitute amendment, DPI must
provide school boards and independent charter schools with fundamental skills screening and universal
screening assessments, rather than reimbursing them for assessment costs. As under the bill, DPI must
pay districts and schools the per-student cost for administering diagnostic assessments.
Revision to Reading Data Included in School Report Cards
The substitute amendment revises the requirement for reporting third grade reading test results on
school and district report cards. Rather than including the number and percentage of students scoring
in the lowest performance category on the third grade reading test, the substitute amendment requires
report cards to include the percentage of students reading at grade level by the end of third grade. The
requirement first applies to report cards published for the 2024-25 school year.
Delayed Timelines for 2024-25 Recommended Early Literacy Curricula
The substitute amendment delays by two months deadlines related to early literacy curricula and
materials recommended for the 2024-25 school year by the Council on Early Literacy Curricula. The
amendment requires the council to report its recommendations to DPI by December 1, 2023, rather
components from the DPI model policy. The original bill required DPI to establish the model policy by rule, but the
substitute amendment eliminates the requirement that the policy be promulgated as an administrative rule. - 5 -
than October 1, 2023, and requires DPI to report recommendations to JCF by February 1, 2024, rather
than November 1, 2023.
Updated Legal Name of Entity Providing Professional Development
The substitute amendment makes a minor revision to the professional development training required
for educators, principals, reading specialists, and UW faculty. The amendment updates the legal name
of the entity offering LETRS training from Voyager Sopris to Lexia Learning Systems, LLC.
BILL HISTORY
Senator Stroebel offered Senate Substitute Amendment 1, as well as Senate Amendment 1 to Senate
Substitute Amendment 1 on June 23, 2023. On June 27, 2023, the Senate Committee on Education
voted to recommend adoption of Senate Substitute Amendment 1, as amended by Senate Amendment 1
on a vote of Ayes, 7; Noes, 0; and voted to recommend adoption of Senate Bill 329, as amended, on a
vote of Ayes 5; Noes, 2.
For a full history of the bill, visit the Legislature’s bill history page.
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