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.
(d) Plan completion; 3rd grade. A 3rd grade pupil who has a personal reading plan under par. (a) 1. is considered to have completed the personal reading plan if the pupil’s parent and the pupil’s school agree that the pupil has met the goals outlined in the personal reading plan and the pupil scores at grade-level in reading on a summative assessment, as defined by the department by rule.
(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:
(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.
(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).
(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 support. (a) Payments and assessments. From the appropriation under s. 20.255 (1) (f) and subject to par. (b), the department shall pay a school board or operator of an independent charter school the per pupil cost of each reading readiness assessment required to be administered under sub. (3) (b). Beginning in the 2025-26 school year, the department may pay a school board or operator of an independent charter school under this paragraph only if the school board or operator of the independent charter school does all of the following:
1. Submits the report required under sub. (7) for the previous school year.
2. In the report required under sub. (7) for the 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.
(c) Assessments. The department shall provide to each school board and operator of an independent charter school the reading readiness assessments required for the school board or operator to comply with sub. (2) and (3) (a), at no cost to the school board or independent charter school.
(10) Enforcement. (a) If a parent or guardian of a pupil enrolled in 4-year-old kindergarten to 3rd grade in a school district or independent charter school believes that the school board or operator of the independent 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 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.
20,17Section 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 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:
20,18Section 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.
20,19Section 19. 118.33 (5m) of the statutes is created to read: 118.33 (5m) By January 1, 2025, the department shall establish a model policy for promoting a pupil from the 3rd grade to the 4th grade. The department shall include in the model policy at least all of the following:
(a) A requirement that the school board or operator of the charter school under s. 118.40 (2r) or (2x) do all of the following for a pupil promoted to 4th grade who had a personal reading plan under s. 118.016 (5) (a) 1. during the 3rd grade and who is not considered to have completed the personal reading plan under s. 118.016 (5) (d):
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 complete the personal reading plan under s. 118.016 (5) (a) 1. and include a description of the intensive instructional services and supports that will be provided to the pupil to remediate the identified areas of reading deficiency.
3. Provide the pupil with an intensive summer reading program each summer until the pupil scores at grade-level in reading on a summative assessment.
(b) A good cause exception to the requirement under par. (a) for all of the following:
1. Limited-English proficient pupils, as defined in s. 115.955 (7).
2. A pupil who has an individual education plan that indicates that neither taking the examination under s. 121.02 (1) (r) nor taking the assessments under s. 118.016 (3) is appropriate for the pupil.
3. A pupil who scores as proficient in reading on an alternative standardized assessment approved by the department.
4. A pupil who has an individual education plan or a plan to provide accommodations or services under 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.
20,20Section 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) and (b). Beginning on September 1, 2027, a school board may not promote a 3rd grade pupil to the 4th grade unless the pupil satisfies the criteria for promotion specified in the school board’s policy under this subdivision.
20,21Section 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) and (b). Beginning on September 1, 2027, 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.
20,22Section 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.
20,23Section 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 a requirement to provide to a pupil promoted to 4th grade who scored below grade-level in reading on the examination under s. 121.02 (1) (r) the services described in sub. (5m) (a) 1. to 3. and a good cause exception similar to the exception under sub. (5m) (b). Beginning on September 1, 2027, the governing body of a private school participating in the program under s. 119.23 may not promote a 3rd grade pupil to the 4th grade unless the pupil satisfies the criteria for promotion specified in the governing body’s policy under this subdivision.
20,24Section 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 a requirement to provide to a pupil promoted to 4th grade who scored below grade-level in reading on the examination under s. 121.02 (1) (r) the services described in sub. (5m) (a) 1. to 3. and a good cause exception similar to the exception under sub. (5m) (b). Beginning on September 1, 2027, the governing body of a private school participating in the program under s. 118.60 may not promote a 3rd grade pupil to the 4th grade unless the pupil satisfies the criteria for promotion specified in the governing body’s policy under this subdivision.
20,25Section 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.
20,26Section 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.
20,27Section 27. Nonstatutory provisions. (1) Council on early literacy curricula; initial appointments, recommendations for the 2024-25 school year.
(a) Appointments. Notwithstanding s. 15.377 (9), the initial members of the council on early literacy curricula shall be appointed as follows:
1. Except as provided in subd. 2., 9 members who have knowledge of or experience with science-based early literacy instruction, as defined in s. 118.015 (1c) (b), and literacy curricula for pupils in grades 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 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 December 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 February 1, 2024, 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 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. Lexia Learning Systems, LLC, 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.
