AB971: Bill Text

This bill 1) limits the authority of certain schools to promote a pupil from the third grade to the fourth grade based on passage of the standardized reading assessment; 2) makes various changes to the current reading readiness assessment program for public school pupils enrolled in four-year-old kindergarten to second grade; 3) creates a grant program for the 2023-24 school year to increase licensure of reading teachers; 4) sunsets the Achievement Gap Reduction program; 5) requires certain schools to develop or adopt programs to identify and address pupils with dyslexia; and 6) prohibits parents of pupils in grades kindergarten to three from excusing their pupils from taking standardized tests.

Promotion of pupils from the third grade to the fourth grade

Under current law, school districts, independent charter schools, and private schools participating in parental choice programs must administer a standardized reading test to certain third grade pupils. Under the bill, 1) a school board may not promote a third grade pupil enrolled in the school district, including a pupil enrolled in a charter school located in the school district, to the fourth grade unless the pupil scores proficient or higher on the test; 2) the operator of an independent charter school may not promote a third grade pupil attending the charter school to the fourth grade unless the pupil scores proficient or higher on the test; and 3) the governing body of a private school participating in a parental choice program may not promote a third grade pupil who is attending the private school under the parental choice program to the fourth grade unless the pupil scores proficient or higher on the test.

The bill also provides an exception to the third grade promotion prerequisite created in the bill. Under the exception, the school board, operator, or governing body may promote a pupil if the pupil meets any of the good cause reasons specified in the bill and all of the following conditions are met:

1. The pupil's teacher submits documentation of the pupil's good cause reason to the principal or administrator of the pupil's school.

2. The principal or administrator of the pupil's school discusses the documentation with the teacher and the pupil's parent, determines that promoting the pupil is appropriate, and submits that recommendation to the school board, operator, or governing body.

3. The pupil's parent agrees with the recommendation.

4. The school board, operator, or governing body reviews the recommendation and agrees that promoting the pupil is appropriate.

Assessments of reading readiness

Under current law, school boards and operators of 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 operator. Under current law, if a reading readiness assessment indicates that a pupil is at risk of reading difficulty, the school board or operator must provide interventions or remedial reading services to the pupil.

The bill provides that, beginning in the 2023-24 school year, a school board or operator must, in addition to the assessment required under current law, annually assess, using a diagnostic assessment, a pupil enrolled in four-year-old kindergarten to second grade to whom any of the following applies: 1) the pupil's parent requests the diagnostic assessment; 2) an assessment administered under current law indicates that the pupil is at risk of reading difficulty; or 3) the pupil has been identified as having characteristics of dyslexia. The bill defines “ diagnostic assessment” as a tool that includes 1) an assessment that evaluates a pupil's skill in the areas of phonemic awareness, decoding skills, rapid naming, alphabet knowledge, letter sound knowledge, oral vocabulary, phonological awareness, word recognition, spelling, vocabulary, listening comprehension, and, when developmentally appropriate for the pupil, oral reading fluency and reading comprehension; and 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.

Under current law, school boards and operators must report the results of reading readiness assessments to pupils' parents. The bill provides that, beginning in the 2023-24 school year, the pupil's teacher or the principal or administrator of the pupil's school must provide the parental notification. In addition, if a pupil's assessment indicates that the pupil is at risk of reading difficulty, the teacher, principal, or administrator also must provide all of the following to the pupil's parent:

1. A list of the interventions or remedial reading services that will be provided to the pupil.

2. A form on which the parent may acknowledge receipt of the information and may indicate that the parent understands the information.

3. A request that the parent sign the form and return the signed form to the sender.

The bill requires a school board or operator annually to report to the Department of Public Instruction the results of pupil assessments and the interventions and remedial reading services the school board or operator provided to pupils in the previous school year. The bill also requires DPI annually to compile and submit that information to the appropriate standing committees of the legislature.

Grants to increase licensure of reading teachers

The bill allows DPI to award grants in the 2023-24 school year, in amounts determined by DPI, to school boards to provide support and financial assistance to their licensed teachers for the purpose of obtaining additional licensure as reading teachers. In awarding grants under the bill, DPI must give priority to school districts with high numbers of pupils whose scores on the most recent standardized third grade reading test were lower than proficient, as determined by DPI. A school board that receives a grant under the bill must use the grant moneys to pay costs associated with its teachers obtaining licensure as reading teachers and must pay to a teacher who successfully obtains a reading teacher license a bonus payment of $1,000.

The bill provides for the grants to be paid from moneys that become available as a result of the sunsetting of the Achievement Gap Reduction program (described below).

Sunset of Achievement Gap Reduction program

The bill sunsets the Achievement Gap Reduction program by prohibiting DPI from entering into any new contracts, or renewing any existing contracts, with school boards on or after the effective date of the bill. Under current law, the program is a categorical aid program that provides funding to a participating school for low-income pupils enrolled in certain grades if the school complies with a five-year contract entered into between DPI and the school board of the school district in which the school is located. Currently, a contract may be renewed for one or more terms of five school years.

Under current law, DPI annually must pay to a school board under contract with DPI a per pupil amount determined by 1) subtracting $125,000 from the total amount appropriated for the program for the school year; 2) adding the total number of low-income pupils enrolled in grades kindergarten to three in all schools participating in the program; and 3) dividing the difference calculated under item 1 by the sum calculated under item 2. That calculation results in the entire amount appropriated for the program being paid in each school year.

The bill changes the per pupil payment amount by fixing that amount at the per pupil amount calculated for the 2022-23 school year. In other words, beginning in the 2023-24 school year, DPI pays a school board under contract with DPI a per pupil amount that is equal to the per pupil amount DPI paid in the 2022-23 school year. The bill provides that, if the amount appropriated to DPI is insufficient to pay the full per pupil amount, DPI must prorate the payments among the school boards eligible for payment.

The bill provides that any grants DPI awards in the 2023-24 school year to increase licensure of reading teachers (described above) will be paid from the Achievement Gap Reduction program appropriation account.

Programs to identify and address pupils with dyslexia

The bill requires a school board, the operator of an independent charter school, or the governing body of a private school participating in a parental choice program to develop or adopt a program to identify and address pupils with dyslexia.

Parental opt-out of pupils from statewide examinations

The bill prohibits a school board, the operator of an independent charter school, or the governing body of a private school participating in a parental choice program from allowing the parent of a pupil in any grade from kindergarten to three to excuse the pupil from taking a standardized test.

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:

AB971,1 Section 1. 20.255 (2) (cu) of the statutes is amended to read:

AB971,5,5 20.255 (2) (cu) Achievement gap reduction contracts and grants to increase licensure of reading teachers. The amounts in the schedule for aid to school districts and the program evaluation under ss. 118.43 and 118.44 and for grants under 2021 Wisconsin Act .... (this act), section 33 .

AB971,2 Section 2 . 20.255 (2) (cu) of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:

AB971,5,11 20.255 (2) (cu) Achievement gap reduction contracts and grants to increase licensure of reading teachers. The amounts in the schedule for aid to school districts and the program evaluation under ss. 118.43 and 118.44 and for grants under 2021 Wisconsin Act .... (this act), section 33 .

AB971,3 Section 3. 118.015 (4) (e) of the statutes is created to read:

AB971,5,15 118.015 (4) (e) No later than one year after the effective date of this paragraph .... [LRB inserts date], develop or adopt a program to identify and address pupils with dyslexia, as defined in s. 118.016 (1b) (b).

AB971,4 Section 4. 118.016 (1) (a) of the statutes is repealed.

AB971,5 Section 5. 118.016 (1) (b) of the statutes is renumbered 118.016 (1e) (b).

AB971,6 Section 6. 118.016 (1) (c) of the statutes is renumbered 118.016 (5) and amended to read:

AB971,6,7 118.016 (5) State aid. The department shall pay to the a school board or and the operator of a charter school under s. 118.40 (2r) or (2x), from the appropriation under s. 20.255 (1) (f), the per pupil cost of the selected assessment the school board or operator selects under sub. (1e) (b) and the per pupil cost of a diagnostic assessment administered under sub. (1e) (d). If the appropriation under s. 20.255 (1) (f) in any fiscal year is insufficient to pay the full amount of aid under this paragraph subsection, the state superintendent department shall prorate state aid payments among the school boards and operators of charter schools entitled to the aid.

AB971,7 Section 7. 118.016 (1b) of the statutes is created to read:

AB971,6,9 118.016 (1b) Definitions. In this section:

AB971,6,10 (a) “Diagnostic assessment” means a tool that includes all of the following:

AB971,6,15 1. An assessment that evaluates a pupil's skill in the areas of phonemic awareness, decoding skills, rapid naming, alphabet knowledge, letter sound knowledge, oral vocabulary, phonological awareness, word recognition, spelling, vocabulary, listening comprehension, and, when developmentally appropriate for the pupil, oral reading fluency and reading comprehension.

AB971,6,18 2. An opportunity for a pupil's parent or guardian to complete a family history survey to provide additional information about learning difficulties in the pupil's family.

AB971,6,19 (b) “Dyslexia” means a specific learning disability that is all of the following:

AB971,6,20 1. Neurobiological in origin.

AB971,6,25 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.

AB971,7,1 3. Often unexpected in relation to other cognitive abilities.

AB971,8 Section 8. 118.016 (1e) (title) of the statutes is created to read:

AB971,7,3 118.016 (1e) (title) Pupil assessments.

AB971,9 Section 9. 118.016 (1e) (d) of the statutes is created to read:

AB971,7,8 118.016 (1e) (d) Beginning in the 2023-24 school year, each school board and the operator of each charter school under s. 118.40 (2r) or (2x) shall, using a diagnostic assessment, annually assess each pupil enrolled in 4-year-old kindergarten to 2nd grade to whom any of the following applies:

AB971,7,9 1. The pupil's parent or guardian requests the diagnostic assessment.

AB971,7,11 2. An assessment administered under par. (b) indicates that the pupil is at risk of reading difficulty.

AB971,7,12 3. The pupil has been identified as having characteristics of dyslexia.

AB971,10 Section 10. 118.016 (1g) (title) of the statutes is created to read:

AB971,7,14 118.016 (1g) (title) Assessments for children with disabilities.

AB971,11 Section 11. 118.016 (1r) (title) of the statutes is created to read:

AB971,7,16 118.016 (1r) (title) Parental notifications.

AB971,12 Section 12. 118.016 (1r) of the statutes is renumbered 118.016 (1r) (a) and amended to read:

AB971,7,22 118.016 (1r) (a) The school board or operator of the charter school Beginning in the 2023-24 school year, for each pupil assessed under sub. (1e), the pupil's teacher or the principal or administrator of the pupil's school shall report the results of a the pupil's assessment under sub. (1) to the pupil's parent or guardian.

AB971,13 Section 13. 118.016 (1r) (b) and (c) of the statutes are created to read:

AB971,8,2 118.016 (1r) (b) Beginning in the 2023-24 school year, if a pupil's assessment under sub. (1e) indicates that the pupil is at risk of reading difficulty, the pupil's teacher or the principal or administrator of the pupil's school shall provide, together with the report under par. (a), all of the following to the pupil's parent or guardian:

AB971,8,4 1. A list of the interventions or remedial reading services that will be provided to the pupil under sub. (2) and s. 121.02 (1) (c).

AB971,8,7 2. A form on which the parent or guardian may acknowledge receipt of the information provided under subd. 1. and may indicate that the parent or guardian understands the information.

AB971,8,9 3. A request that the parent or guardian sign the form provided under subd. 2. and return the signed form to the sender.

AB971,8,11 (c) A school board or the operator of a charter school under s. 118.40 (2r) or (2x) shall retain any signed forms returned under par. (b) 3.

AB971,14 Section 14. 118.016 (2) of the statutes is amended to read:

AB971,8,17 118.016 (2) Interventions and remedial reading services. The school board of the school district or operator of the charter school under s. 118.40 (2r) or (2x) in which the a pupil is enrolled shall provide a pupil whose assessment under sub. (1) (1e) indicates that he or she the pupil is at risk of reading difficulty with interventions or remedial reading services, as described under s. 121.02 (1) (c).

AB971,15 Section 15. 118.016 (3) and (4) of the statutes are created to read:

AB971,8,25 118.016 (3) Reporting; school boards and operators. No later than July 15, 2024, and each July 15 thereafter, each school board and the operator of each charter school under s. 118.40 (2r) or (2x) shall report to the department the results of pupil assessments administered under sub. (1e) in the previous school year, the interventions and remedial reading services the school board or operator provided to pupils under sub. (2) and s. 121.02 (1) (c) in the previous school year, and any other information required by the department for purposes of reporting under sub. (4).

AB971,9,4 (4) Reports to the legislature. (a) No later than August 15, 2024, and each August 15 thereafter, the department shall compile the information the department receives under sub. (3) and shall submit that information to the appropriate standing committees of the legislature under s. 13.172 (3).

AB971,9,8 (b) No later than the August 15 after the end of each school year from 2023-24 to 2026-27, the department shall submit a report to the appropriate standing committees of the legislature under s. 13.172 (3) that includes all of the following information:

AB971,9,9 1. Pupil literacy proficiency rates.

AB971,9,10 2. The names of assessments administered under sub. (1e).

AB971,9,12 3. The number of pupils who were identified as having characteristics of dyslexia as the result of an assessment administered under sub. (1e).

AB971,9,15 4. A description of the interventions and remedial reading services school boards and operators of charter schools under s. 118.40 (2r) and (2x) provided to pupils under sub. (2) and s. 121.02 (1) (c) to improve pupil literacy proficiency.

AB971,16 Section 16. 118.33 (7) of the statutes is created to read:

AB971,9,18 118.33 (7) (a) In this subsection, “good cause” means that any of the following applies to a pupil:

AB971,9,21 1. The pupil is a limited-English proficient pupil, as defined in s. 115.955 (7), who has had less than 2 school years of instruction in a program established under s. 115.96.

AB971,9,25 2. The pupil is a child with a disability, as defined in s. 115.76 (5), whose individualized education program under s. 115.787 or services plan, as defined in 34 CFR 300.37, includes a statement that it is not appropriate to administer the standardized 3rd grade reading test to the pupil.

AB971,10,2 3. The pupil is a child with a disability, as defined in s. 115.76 (5), who takes the standardized 3rd grade reading test and to whom any of the following applies:

AB971,10,4 a. The pupil has received at least 2 years of intensive reading intervention or remedial services and the pupil continues to demonstrate a deficiency in reading.

AB971,10,7 b. On at least one occasion, the pupil was not promoted from kindergarten to 1st grade, from 1st grade to 2nd grade, from 2nd grade to 3rd grade, or from 3rd grade to 4th grade.

AB971,10,9 4. The pupil demonstrates an acceptable level of reading proficiency on an alternative standardized assessment adopted or approved by the department.

AB971,10,10 5. All of the following apply to the pupil: