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2023 - 2024 LEGISLATURE
2023 SENATE BILL 329
June 9, 2023 - Introduced by Senators STROEBEL, JAGLER, BRADLEY and WIMBERGER,
cosponsored by Representatives KITCHENS, WITTKE, BINSFELD, NEDWESKI,
DUCHOW, DITTRICH, ALLEN, ARMSTRONG, BEHNKE, BRANDTJEN, DONOVAN, GREEN,
GUNDRUM, GUSTAFSON, HURD, KRUG, MAGNAFICI, MAXEY, MICHALSKI, MURPHY,
O'CONNOR, PENTERMAN, RETTINGER, RODRIGUEZ, ROZAR, SCHMIDT, SNYDER,
SPIROS, STEFFEN, SUMMERFIELD and TUSLER. Referred to Committee on
Education.
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 recreate
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, providing an exemption from rule-making
procedures, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
EARLY LITERACY INSTRUCTION
OFFICE OF LITERACY AND LITERACY COACHES
This bill establishes the Office of Literacy in the Department of Public
Instruction, to be led by a director who is appointed by the state superintendent of
public instruction after consultation with the Council on Early Literacy Curricula
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and subject to the advice and consent of the senate and who serves at the pleasure
of the state superintendent. Under the bill, the Office of Literacy must establish and
supervise a literacy coaching program to improve literacy outcomes in this state.
Specifically, the Office of Literacy, in consultation with cooperative educational
service agencies, must contract for up to 64 full-time equivalent literacy coaches.
Literacy coaches must demonstrate knowledge and expertise in science-based early
literacy instruction and instructional practices and have instructional experience in
grades kindergarten to 12. In addition, the Office of Literacy must provide ongoing
training on science-based early literacy instruction and instructional practices and
supervision to literacy coaches and must prohibit literacy coaches from using
three-cueing.
The bill requires the Office of Literacy to assign one-half of the literacy coaches
to schools based on pupil scores on the third grade reading assessment and one-half
of the literacy coaches to schools that request early literacy support. The latter half
of the literacy coaches must be dispersed evenly among cooperative educational
service agency regions. However, the bill prohibits assigning more than a total of 10
literacy coaches to a first class city school district and more than a total of four
literacy coaches to a school district that is not a first class city school district and
requires that no fewer than three literacy coaches be assigned to each cooperative
educational service agency region. Additionally, the Office of Literacy must ensure
that a school to which a literacy coach is assigned does not request or require that
the literacy coach perform duties outside the individual's role as a literacy coach, as
described in the bill.
Under the bill, the Office of Literacy must submit an annual report to the Joint
Committee on Finance on various aspects of the literacy coaching program during
the previous school year, including the number of literacy coaches, the number of
schools that were assigned a literacy coach, pupil scores on reading readiness
assessments and the third grade reading assessment in those schools, and
information on the training provided to the literacy coaches.
Finally, under the bill, the Office of Literacy and the literacy coaching program
sunset on July 1, 2028.
COUNCIL ON EARLY LITERACY CURRICULA; RECOMMENDED CURRICULA AND
INSTRUCTIONAL MATERIALS
The bill creates the Council on Early Literacy Curricula in DPI to recommend
literacy curricula and instructional materials for use in grades kindergarten to
three. The council consists of nine members who have knowledge of or experience
with science-based early literacy instruction and literacy curricula. Under the bill,
the initial members of the council are appointed jointly by the state superintendent
of public instruction, the assembly speaker, and the senate majority leader, and if the
initial members are not appointed jointly within 45 days, each appointing authority
must each appoint three members. Under the bill, after the initial appointments are
made, the membership of the council is made up of three members appointed by the
state superintendent, three members appointed by the assembly speaker, and three
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Under the bill, the Council on Early Literacy Curricula must annually make
recommendations for early literacy curricula and instructional materials for use in
the following school year. The council's recommendations for curricula and
instructional materials must include all of the components of science-based early
reading instruction and may not include three-cueing. The bill defines
“science-based early reading instruction” as instruction that is systematic and
explicit and consists of the following components: phonological awareness; phonemic
awareness; phonics; building background knowledge; oral language development;
vocabulary building; instruction in writing; instruction in comprehension; and
reading fluency. Under the bill, “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.
Under the bill, annually, upon receiving recommendations from the Council on
Early Literacy Curricula, DPI must submit proposed recommendations on early
literacy curricula and instructional materials to the Joint Committee on Finance.
DPI may not adopt the recommendations unless JCF approves the
recommendations. For purposes of the recommendations for the 2024-25 school
year, the initial recommendations made by the council, the bill requires that
proposed recommendations be submitted to JCF by November 1, 2023. Under the
bill, DPI must maintain a list of adopted recommendations for early literacy
curricula and instructional materials on its website.
Beginning on January 1, 2024, if a school board, charter school, or private
school participating in a parental choice program chooses to adopt an early literacy
curriculum, the school board, charter school, or private school participating in a
parental choice program must adopt an early literacy curriculum recommended by
DPI. The bill also requires DPI to award grants to school boards, independent
charter schools, and private schools participating in a choice program that adopt a
recommended early literacy curriculum on or after January 1, 2024. Under the bill,
the amount of the grant is 50 percent of the cost to purchase the recommended
literacy curriculum and instructional materials.
Beginning on the date the bill becomes law, school boards, charter schools, and
private schools participating in a parental choice program are prohibited from
purchasing curricula and instructional materials that incorporate three-cueing.
Beginning in the 2024-25 school year, the bill also prohibits public schools, including
charter schools, and private schools participating in a parental choice program from
providing instruction to pupils in grades kindergarten to three that incorporates
three-cueing in the core reading curriculum or in supplemental materials, including
materials used for reading intervention.
TEACHER PREPARATORY PROGRAMS AND LICENSES TO TEACH; INSTRUCTION TO TEACH
READING
Under current law, the state superintendent of public instruction is required
to prescribe standards, requirements, and procedures for the approval of teacher
preparatory programs that lead to a license issued by DPI. Under the bill, to be
approved by the state superintendent, a teacher preparatory program must
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language arts using science-based early reading instruction and that it does not
provide instruction on teaching reading and language arts that incorporates
three-cueing.
Under current law, DPI may not issue a license that authorizes the license
holder to teach reading or language arts in a prekindergarten class or in grades
kindergarten to six unless the individual has successfully completed instruction
preparing the individual to teach reading using appropriate instructional methods,
including phonics. Current law defines “phonics” as a method of teaching beginners
to read and pronounce words by learning the phonetic value of letters, letter groups,
and syllables.
Under the bill, DPI may not issue a license that authorizes the license holder
to teach reading or language arts in a prekindergarten class or in grades
kindergarten to six unless the individual has successfully completed instruction
preparing the individual to teach reading using science-based early reading
instruction, as defined in the bill, that includes phonics and that does not include
three-cueing, as defined in the bill. The bill defines “phonics” as the study of the
relationships between sounds and words; this includes alphabetic principle,
decoding, orthographic knowledge, encoding, and fluency.
PROFESSIONAL DEVELOPMENT TRAINING
Under the bill, school boards and charter school operators must ensure that all
kindergarten to third grade teachers, principals of schools that offer grades
kindergarten to three, and reading specialists receive professional development
training in science-based early literacy instruction by no later than July 1, 2025.
Under the bill, the mandatory professional development training is the same
professional development for which American Rescue Plan Act of 2021 federal
funding was allocated. Specifically, the professional development training must be
Voyager Sopris Language Essentials for Teachers of Reading and Spelling (LETRS)
or another program endorsed by the Center for Effective Reading Instruction as an
accredited independent teacher training program and must be provided by the
Leadership in Literacy Institute or another provider who meets various
requirements specified in the bill. The bill also requires the same professional
development training for all faculty or academic staff of the University of Wisconsin
System who teach a course that includes curriculum in reading instruction designed
for kindergarten to third grade teachers, elementary school principals, or reading
specialists.
THIRD GRADE RETENTION POLICIES
Under the bill, by January 1, 2025, DPI must establish, by rule, a model policy
for promoting third grade pupils to the fourth grade. Under the bill, the model policy
must include various components, including 1) a requirement that a pupil who scores
in the lowest proficiency category on the third grade reading assessment be retained
in the third grade, 2) a good cause exception for certain pupils, 3) a requirement that
the school board provide intensive instructional services, progress monitoring, and
supports to a pupil who is retained under the policy, 4) written notice to the pupil's
parent, and 5) an intensive summer reading program for pupils who scored in the
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By July 1, 2025, the bill requires school boards, independent charter schools,
and private schools participating in a parental choice program to adopt written
policies for promoting a third grade pupil to the fourth grade that include all of the
components that are required to be in DPI's model policy. Additionally, beginning on
September 1, 2028, school boards, independent charter schools, and private schools
participating in a parental choice program are prohibited from promoting a third
grade pupil unless the pupil complies with their respective promotion policy. Under
current law, school boards, independent charter schools, and private schools
participating in a parental choice program must adopt written policies for promoting
pupils from grade four to grade five and from grade eight to grade nine and are
prohibited from promoting a pupil unless the pupil complies with the applicable
promotion policy.
SCHOOL DISTRICT AND SCHOOL REPORT CARDS
The bill requires DPI to include in the annual school district and school
accountability report, commonly referred to as school and school district report
cards, the number and percentage of pupils who scored in the lowest proficiency
category on the third grade reading assessment. The bill requires this information
for school districts and schools that offer third grade. Under the bill, this information
must first be included in the report cards for the 2023-24 school year that are
published in the fall of the 2024-25 school year.
READING READINESS ASSESSMENTS AND INTER VENTIONS
Under current law, school boards and independent charter schools must
annually assess pupils enrolled in four-year-old kindergarten to second grade for
reading readiness using an assessment of literacy fundamentals selected by the
school board or independent charter school. The selected reading readiness
assessment must evaluate whether a pupil possesses phonemic awareness and letter
sound knowledge. Current law requires a school board or independent charter school
to provide interventions or remedial reading services to a pupil if the reading
readiness assessment indicates that the pupil is at risk of reading difficulty with
interventions or remedial reading services. Current law does not define “at-risk.”
Beginning in the 2024-25 school year, the bill requires school boards and
independent charter schools to assess the early literacy skills of pupils in
four-year-old kindergarten to third grade using various assessments and to create
a personal reading plan for each pupil in five-year-old kindergarten to third grade
who is identified as at-risk based on a universal screening assessment or diagnostic
assessment. Under the bill, “at-risk” means the pupil scored below the 25th
percentile on an applicable screening assessment, as indicated by the screening
assessment publisher.
FUNDAMENTAL SKILLS SCREENING ASSESSMENTS; FOUR-YEAR-OLD KINDERGARTEN
Under the bill, beginning in the 2024-25 school year, school boards and
independent charter schools must screen all pupils enrolled in four-year-old
kindergarten at least two times each school year using a fundamental skills
screening selected by DPI. The bill specifies that the first screening assessment must
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by no later than 45 days before the last day of school. The bill defines a “fundamental
skills screening assessment” as an assessment that evaluates a pupil's phonemic
awareness and letter sound knowledge.
UNIVERSAL SCREENING AND DIAGNOSTIC ASSESSMENTS AND INTERVENTIONS
Required universal screening assessments
Under the bill, beginning in the 2024-25 school year, school boards and
independent charter schools must screen all pupils enrolled in five-year-old
kindergarten to third grade at least three times each school year using a universal
screening assessment selected by DPI. The bill specifies that the first universal
screening must occur before the 46th day of the school term, the second universal
screening must occur in the middle of the school term, and the third universal
screening must occur no later than 45 days before the last day of school. The bill
defines a “universal screening assessment” as an assessment that evaluates a pupil's
skill in phonemic awareness, decoding skills, alphabet knowledge, letter sound
knowledge, and oral vocabulary.
Required diagnostic assessments
Under the bill, beginning in the 2024-25 school year, school boards and
independent charter schools must screen a pupil enrolled in five-year-old
kindergarten to third grade using a diagnostic assessment 1) if the pupil is identified
as at-risk based on the first universal screening of the school year, by no later than
the second Friday in November; 2) if the pupil is identified as at-risk based on the
second universal screening of the school year, within 10 days after the universal
screening was administered; and 3) if a teacher or parent suspects the pupil has
characteristics of dyslexia and submits a request for a diagnostic assessment, within
20 days of submitting the request. The bill defines a “diagnostic assessment” as a
tool that includes an assessment that evaluates a pupil's skill in the skills assessed
in a universal screening assessment as well as rapid naming, phonological
awareness, word recognition, spelling, vocabulary, listening comprehension, and
when developmentally appropriate, oral reading fluency and reading
comprehension, and provides the pupil's parent the opportunity to complete a family
history survey about learning difficulties in the pupil's family. If a pupil is identified
as at-risk based on a diagnostic assessment, the bill requires the school board or
independent charter school to provide information to the pupil's parent about how
to make a special education referral.
Personal reading plan; at-risk pupils
If a pupil is identified as at-risk based on a universal screening assessment or
a diagnostic assessment, the bill requires the school board or independent charter
school to create a personal reading plan for the pupil. Under the bill, a personal
reading plan must include various components related to addressing the pupil's
specific early literacy deficiencies, including interventions that will be provided to
the pupil, how the pupil's progress will be monitored, and strategies the pupil's
parent is encouraged to use to help the pupil achieve grade-level literacy skills. The
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practicable; 2) monitor the pupil's progress at least weekly; 3) provide a copy of the
personal reading plan to the pupil's parent; 4) obtain a copy of the reading plan
signed by the pupil's parent; and 5) after 10 weeks of providing the interventions
required in the personal reading plan, notify the pupil's parent of the pupil's
progress.
SELECTED AND APPROVED EARLY LITERACY ASSESSMENTS
Under the bill, by July 15, 2024, DPI must select a fundamental skills screening
assessment, select a universal screening assessment, and establish and maintain a
list of approved diagnostic assessments on its website. DPI must also submit a list
of the selected and approved assessments to the appropriate standing committees of
the legislature. Under the bill, DPI may only approve an early literacy assessment
if the assessment has a sensitivity rate of at least 70 percent, has a specificity rate
of at least 80 percent, and includes a growth measure.
STATE FUNDING FOR EARLY LITERACY ASSESSMENTS
Under the bill, DPI must pay each school board and independent charter school
for the per pupil cost of each early literacy assessment required to be administered
under the bill. However, beginning in the 2025-26 school year, a school board or
independent charter school is eligible for the state funding provided in the bill only
if the school board or independent charter school submits an annual report to DPI
and in that report indicates that the school board or charter school used only selected
or approved early literacy assessments in the previous school year. Under current
law, DPI pays school boards and independent charter schools for the per pupil cost
of the reading readiness assessment selected by the school board or independent
charter school.
PARENT NOTIFICATION REQUIREMENTS
Under the bill, a school board or independent charter school must provide a
pupil's results on an early literacy assessment to the pupil's parent by no later than
15 days after the applicable assessment is scored. The results provided to the parent
must be in the parent's native language and must include the pupil's overall score,
the pupil's score on each literacy skill category assessed by the assessment, the
pupil's percentile rank score, if available, the score on the assessment that indicates
a pupil is at-risk, and a plain language explanation of the literacy skills that were
evaluated by the assessment. In addition, if a school board or independent charter
school is required to screen a pupil using a diagnostic assessment, the school board
or independent charter school must provide the pupil's parent with information
related to characteristics of dyslexia, including information about the common
indicators of characteristics of dyslexia and appropriate interventions and
accommodations for pupils with characteristics of dyslexia.
The bill also requires each school board and independent charter school to have
an early literacy remediation plan. An early literacy remediation plan must include
information about assessments used to identify at-risk pupils, the interventions
used to address characteristics of dyslexia, and monitoring pupil progress related to
early literacy skills. Under the bill, each school district and independent charter
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Under current law, a school board or independent charter school must report
the results of a reading readiness assessment to a pupil's parent. Current law does
not provide a deadline by which the reading readiness results must be provided to
parents.
REPORTING REQUIREMENTS
Under the bill, school boards and independent charter schools must annually,
by July 15, report to DPI 1) the number of pupils who were identified as at-risk based
on early literacy assessments administered in the previous school year; 2) the
number of five-year-old kindergarten to third grade pupils who began receiving
literacy interventions or remedial reading services in the previous school year, by
grade; 3) the total number of five-year-old kindergarten to third grade pupils who
received literacy interventions or remedial reading services in the previous school
year; 4) the number of five-year-old kindergarten to third grade pupils who exited
literacy interventions in the previous school year; and 5) the number of pupils for
whom a special education referral was made based on the results of a diagnostic
assessment. The school board or independent charter school must also report the
names of the diagnostic assessments the school board or independent charter school
used to assess pupils in the previous school year. Annually, by November 30, DPI
must compile the information it receives from school boards and independent charter
schools and submit a report to the legislature.
ENFORCEMENT
The bill allows the parent or guardian of a pupil enrolled in four-year-old
kindergarten to third grade in a school district or independent charter school to file
a complaint with DPI if the parent or guardian believes that the school board or
independent charter school operator is not in compliance with requirements in the
bill. Under the bill, DPI must issue a determination on whether the school board or
independent charter school is in compliance and, if the school board or independent
charter school is not in compliance, describe the actions that must be taken for the
school board or independent charter school to be in compliance with the applicable
requirements. If a school board or independent charter school continues to fail to
comply with the requirements in the bill, the bill allows an individual who filed a
complaint with DPI to bring an action in circuit court to compel the school board or
independent charter school to comply with the requirements created in the bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
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:1 - 9 -2023 - 2024 Legislature
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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 operation of the programs assigned to the department
or independent agency. The office of credit unions in the department 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 “division" 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 instruction a council on early literacy curricula composed of 9
members who have knowledge of or experience with science-based early literacy
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instruction, as defined in s. 118.015 (1c) (b), and literacy curricula for pupils in grades
kindergarten to 3. The members of the council shall be appointed for staggered
3-year terms, as follows:.
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 superintendent 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 reading 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
standards, requirements, and procedures for the approval of teacher preparatory
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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
science-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 requirement that, beginning on July
1, 2012, and annually thereafter, 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 recommended by the program for licensure under this
subsection, 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 teachers' 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 administered under s. 121.02 (1) (r), the performance of pupils
on assessments required under s. 118.016 (3), and the performance 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) For a school district other than a union high school district and
for each school that offers grade 3 in that school district, the number and percentage
of pupils who scored in the lowest proficiency category on the standardized reading
test administered under s. 121.02 (1) (r).
SECTION 8. 115.39 of the statutes is created to read:
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115.39 Literacy coaching program. (1) DEFINITIONS. In this section:
(a) “CESA region” means the geographic territory within the boundaries of a
cooperative educational service 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 curriculum for grades kindergarten to 3:
1. A public school, including a charter school established 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 department.
(2) LITERACY COACHING PROGRAM. The office shall establish and supervise an
early literacy coaching program 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
instructional 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 paragraph.
(b) Provide ongoing training on science-based early literacy instruction and
instructional practices and supervision 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).
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(3) PARTICIPATION; SCHOOLS AND SCHOOL DISTRICTS. (a) The office shall assign
one-half of the number of literacy 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 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 eligible 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 literacy 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.
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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 literacy 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 support to administrators, school-based literacy coaches,
principals, and teachers to build teacher and school capacity to teach reading and
language arts using science-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 October 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 literacy 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).
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(g) For the 2023-24 and 2024-25 school years, the number of individuals who
completed the mandatory professional development training under 2023 Wisconsin
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 principle, 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 awareness, rhyme recognition,
repetition and creation of alliteration, syllable counting or identification, onset, and
rime manipulation.
2. Phonemic awareness, including phoneme identification, isolation, blending,
segmentation, addition, substitution, and deletion.
3. Phonics.
4. Building background knowledge.
5. Oral language development.
6. Vocabulary building to develop lexical and morphological knowledge.
7. Instruction in writing.
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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 on early
literacy curricula shall recommend to the department early literacy curricula and
instructional materials for use in the following school year in grades kindergarten
to 3. The council on early literacy curricula may recommend only early literacy
curricula and instructional 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 instructional materials
that satisfy the criteria under par. (a) 1. and 2. for use in the following school year.
If the cochairpersons 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
proposed 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
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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 committee approves or modifies the proposed
recommendations. If the committee modifies the plan, the department may adopt
the recommendations only as modified by the committee.
2. The department shall maintain on its website a current list of the early
literacy curricula and instructional materials recommendations adopted under this
paragraph.
(c) 1. Beginning on January 1, 2024, if a school board, operator of a charter
school, or governing body of a private school participating in a program under s.
118.60 or 119.23 adopts a new literacy curriculum for use in grades kindergarten to
3, the school board, operator, or governing body shall adopt a literacy curriculum
from the recommendations adopted under par. (b).
2. The department shall award grants to reimburse school boards, operators
of charter schools, and governing 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 subdivision 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 subdivision, 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 an independent charter school, or governing body of a
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private school participating 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 certified by the department to develop and coordinate a
comprehensive reading curriculum in grades kindergarten to 12. At the discretion
of the state superintendent, a school district may contract with other school districts
or cooperative 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 public school, including a charter school, may provide
instruction that incorporates 3-cueing in the core reading curriculum for grades
kindergarten to 3 or in supplemental 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; characteristics of dyslexia.
(1) DEFINITIONS. In this section:
(a) “At-risk” means a pupil scored below the 25th percentile on a universal
screening assessment or diagnostic assessment, as indicated by the publisher of the
assessment.
(b) “Diagnostic assessment” means a tool that includes all of the following:
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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,
listening comprehension, and, when developmentally appropriate for the pupil, oral
reading fluency and reading 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 fluent word recognition and
poor spelling and decoding abilities that typically result from a deficit in the
phonological component of language. Consequences of these difficulties may include
problems in reading comprehension and reduced reading experience that may
impede vocabulary growth and background knowledge.
3. Often unexpected in relation to other cognitive abilities.
(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 characteristics 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 possesses phonemic awareness and letter sound
knowledge.
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(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 presentations and pupil practice.
(j) “Parent” has the meaning given in s. 115.76 (12) (a).
(k) “Reading readiness assessment” means a fundamental 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 following areas:
1. Phonemic awareness.
2. Decoding skills.
3. Alphabet knowledge.
4. Letter sound knowledge.
5. Oral Vocabulary.
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(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 annually
assess the early literacy skills of each pupil enrolled in 5-year-old kindergarten to
3rd grade in the school district 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 administered at the following times during the school
year:
1. The first universal screening assessment is administered before the 45th day
after the first day of the school term.
2. The 2nd universal screening assessment is administered in the middle of the
school term, as determined by the school board or operator of the independent
charter school.
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3. The 3rd universal screening assessment is administered 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 universal screening
assessment administered under par. (a) 1. indicates that the pupil is at-risk.
2. Within 10 days after a universal screening assessment 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 suspects that the pupil has
characteristics of dyslexia submits 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 operator of an
independent charter school shall provide at least all of the following to a pupil's
parent in the native language of the pupil's parent:
1. The pupil's score on the reading readiness assessment.
2. The pupil's score in each early literacy skill category assessed by the reading
readiness assessment.
3. The pupil's percentile rank score on the reading readiness assessment, if
available.
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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 referral 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 following, in writing, to the pupil's parent:
1. A description of the common indicators and characteristics of dyslexia.
2. Information about appropriate interventions and accommodations for pupils
with characteristics of dyslexia.
(d) Early literacy remediation plan; availability. A school board or operator of
an independent charter school shall post its early literacy remediation plan, as
established under sub. (6), on the school district's or independent charter school's
website.
(5) INTERVENTIONS; AT-RISK PUPILS. (a) Personal reading plans. If a pupil
enrolled in 5-year-old kindergarten to 3rd grade is identified as at-risk based on a
universal 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:
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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 deficiencies, 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 additional instructional services
that will be provided to the pupil to address the pupil's early literacy skill
deficiencies.
e. The programming using science-based early reading 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
inadequate 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 personal reading plan signed by the pupil's parent.
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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
determined 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 universal 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 universal screening assessment
administered under sub. (3) (a) 2. or 3. or based on a diagnostic assessment
administered 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
operator 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 segmentation fluency.
2. For a pupil enrolled in 1st, 2nd, or 3rd grade, oral reading fluency.
(6) EARLY LITERACY REMEDIATION PLAN; SCHOOL DISTRICT OR INDEPENDENT CHARTER
SCHOOL. A school board or operator of an independent charter school shall establish
an early literacy remediation plan for grades 5-year-old kindergarten to 3 that
includes all of the following:
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(a) The assessments the school board or operator of the independent charter
school uses to satisfy the requirements 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.
(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 independent 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 charter 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 assessment 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.
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(e) The number of pupils enrolled in 5-year-old kindergarten to 3rd grade who
began receiving interventions 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 during 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 parent
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 maintain a list of diagnostic assessments
that are approved by the department for use under this section.
2. The department may select or approve an assessment 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 assessments selected or approved
under subd. 1. on its website and submit the lists of approved assessments to the
appropriate 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).
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(b) Reports to the legislature. By November 30, 2025, and by each November
30 thereafter, the department shall compile the information it receives under sub.
(7) and submit a report to the appropriate standing committees 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 AID. (a) Payment for costs. 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. (2) or (3). 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 previous school year, indicates
that the school board or operator 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 operators of independent charter
schools entitled to the aid.
(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 charter school is not in
compliance with this section, the parent or guardian may file a complaint with the
department that describes the specific manner in which the school board or operator
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SECTION 16
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is not in compliance with this section. The department shall review a complaint
received under this paragraph and issue a determination on whether the school
board or operator is in compliance with this section. If the department determines
that a school board or operator of an independent charter school is not in compliance
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 circuit 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 renumbered 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
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subsection, “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 applicant 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 language
arts.
SECTION 19. 118.33 (5m) of the statutes is created to read:
118.33 (5m) By January 1, 2025, the department shall establish by rule a
model policy for promoting a pupil from the 3rd grade to the 4th grade that includes
retention based on the pupil's score on the examination under s. 121.02 (1) (r). The
department shall include in the model policy at least all of the following:
(a) A requirement that a pupil who scores in the lowest proficiency category on
the examination under s. 121.02 (1) (r) be retained in the 3rd grade.
(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 taking the
examination under s. 121.02 (1) (r) is not appropriate for the pupil.
3. A pupil who scores as proficient in reading on an alternative standardized
assessment approved by the department.
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4. A pupil who has an individual education plan or a plan to provide
accommodations or services under section 504 of the federal Rehabilitation Act of
1973 that indicates that the pupil has received intensive intervention in reading for
more than 2 years if the pupil continues to demonstrate a deficiency in reading and
was previously 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 demonstrate a deficiency in reading, and was previously
retained in kindergarten, 1st, 2nd, or 3rd grade for a total of 2 years.
(c) A requirement that the school board do all of the following for a pupil who
is retained in the 3rd grade under the policy:
1. Provide the pupil with intensive instructional services, 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 meet
the reading proficiency level required for promotion to 4th grade 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.
(d) A requirement that the school board provide an intensive summer reading
program for pupils who scored in the lowest proficiency category on the examination
under s. 121.02 (1) (r).
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 promoting a pupil from the 3rd grade to the 4th grade that
includes at least all of the components under sub. (5m) (a) to (d). Beginning on
September 1, 2028, a school board may not promote a 3rd grade pupil to the 4th grade
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SECTION 20 SENATE BILL 329
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 created 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) to (d). Beginning on September 1, 2028, an operator of a charter
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 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) to (d). Beginning on September 1,
2028, 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
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the criteria for promotion specified in the governing body's policy under this
subdivision.
SECTION 24. 118.33 (6) (cr) 3. of the statutes is created 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 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) to (d). Beginning on September 1,
2028, 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 promotion 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 performance 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.
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SECTION 27 SENATE BILL 329
(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 kindergarten 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 experience 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 experience 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 experience 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
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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 terms expiring on July 1, 2025; and 3 of the initial
members 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 October 1, 2023. The council on early literacy curricula may recommend only
literacy curricula and instructional materials that satisfy the criteria 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 November 1, 2023, the department of public instruction shall submit to the joint
committee on finance proposed recommendations for literacy curricula and
instructional materials for grades kindergarten to 3 for use in the 2024-25 school
year.
(2) MANDATORY EARLY READING INSTRUCTION PROFESSIONAL DEVELOPMENT.
(a) Each school board and operator of a charter school shall ensure that, by July
1, 2025, or for an individual 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
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a grade from kindergarten 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 kindergarten 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. Voyager Sopris Language Essentials 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
principals, administrators, and literacy teams.
b. The provider demonstrates that the training content 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 substantial 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.
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(b) The Board of Regents of the University of Wisconsin System shall ensure
that, by July 1, 2025, any faculty or academic staff member of the University of
Wisconsin System who teaches a course that includes curriculum in reading
instruction designed for an individual 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 specialist has received the professional development
training specified in par. (a) 1. and 2.
(3) MODEL 3RD GRADE RETENTION POLICY; RULE MAKING.
(a) Notwithstanding s. 227.135 (2), the department of public instruction is not
required to present the statement of scope of the rules required under s. 118.33 (5m)
to the department of administration for review by the department of administration
and approval by the governor.
(b) Notwithstanding s. 227.185, the department of public instruction is not
required to present the rules required under s. 118.33 (5m) in final draft form to the
governor for approval.
(c) Sections 227.137, 227.139, and 227.19 (5) (b) 3. do not apply to the rules
required under s. 118.33 (5m).
(d) The department of public instruction shall submit in proposed form the
rules required under s. 118.33 (5m) to the legislative council staff under s. 227.15 (1)
no later than the first day of the 7th month beginning after the effective date of this
paragraph.
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.
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SECTION 28 SENATE BILL 329
(2) SCHOOL AND SCHOOL DISTRICT REPORT CARDS. The treatment of s. 115.385 (1)
(e) first applies to the school district and school accountability report published in the
2024-25 school year.
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 take effect on July 1, 2028.
(2) The treatment of ss. 115.38 (1) (a), 118.016, 119.44 (2) (bm), and 121.02 (1)
(c) 3. takes effect on July 1, 2024.
(END)
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