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.
e. The provider provides participants with activities to implement evidence-aligned systems and structures that effectuate change in the school or school district.
f. The provider delivers training that allows for a minimum of 30 participants.
(b) The Board of Regents of the University of 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.
20,28Section 28. Initial 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.
20,29Section 29. Effective dates. This act takes effect on the day after publication, except as follows: (1) The repeal of ss. 15.374 (2) and 115.39 takes effect on July 1, 2028.
(2) The treatment of ss. 115.38 (1) (a), 118.016, 118.33 (5m) and (6) (a) 3., (b) 2m. and 3., (c) 3., and (cr) 3., 119.44 (2) (bm), and 121.02 (1) (c) 3. takes effect on July 1, 2024.
