AB321: Bill Text

AB321,,2 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.

AB321,,3 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 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 members appointed by the senate majority leader.

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 demonstrate that it provides instruction that prepares teachers to teach reading and 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 lowest proficiency category of the third grade reading assessment.

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 INTERVENTIONS

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 occur before the 46th day of the school term and that both screenings be completed 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 bill further requires the school board or independent charter school to 1) provide the interventions included in the personal reading plan to the pupil, as soon as 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 school must post its early literacy remediation plan on its website.

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.

AB321,,4 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB321,1 Section 1. 15.01 (6) of the statutes is amended to read:

AB321,,6 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.

AB321,2 Section 2. 15.374 (2) of the statutes is created to read:

AB321,,8 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.

AB321,3 Section 3. 15.374 (2) of the statutes, as created by 2023 Wisconsin Act .... (this act), is repealed.

AB321,4 Section 4. 15.377 (9) of the statutes is created to read:

AB321,,11 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 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:.

AB321,,12 1. Three members appointed by the speaker of the assembly.

AB321,,13 2. Three members appointed by the senate majority leader.

AB321,,14 3. Three members appointed by the state superintendent of public instruction.

AB321,,15 (b) An individual may not serve as a member of the council under this subsection if any of the following applies:

AB321,,16 1. The individual has a financial interest in an entity that develops, sells, or markets a product to assess reading ability.

AB321,,17 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.

AB321,,18 3. The individual has a financial interest in an entity that develops, sells, or markets a product to treat reading difficulties.

AB321,,19 (c) For purposes of par. (b), “financial interest in an entity” includes all of the following:

AB321,,20 1. A direct or indirect ownership interest in the entity.

AB321,,21 2. Receiving income from the entity during the 12 months preceding the consideration for appointment under par. (a).

AB321,5 Section 5. 115.28 (7) (a) of the statutes is amended to read:

AB321,,23 115.28 (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 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.

AB321,6 Section 6. 115.38 (1) (a) of the statutes is amended to read:

AB321,,25 115.38 (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.

AB321,7 Section 7. 115.385 (1) (e) of the statutes is created to read:

AB321,,27 115.385 (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).

AB321,8 Section 8. 115.39 of the statutes is created to read:

AB321,,29 115.39 Literacy coaching program. (1) Definitions. In this section:

AB321,,30 (a) “CESA region” means the geographic territory within the boundaries of a cooperative educational service agency.

AB321,,31 (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:

AB321,,32 1. A public school, including a charter school established under s. 118.40 (2r) or (2x).

AB321,,33 2. A private school participating in a program under s. 118.60 or 119.23.

AB321,,34 (c) “Office” means the office of literacy in the department.

AB321,,35 (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:

AB321,,36 (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.

AB321,,37 (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).

AB321,,38 (c) Prohibit literacy coaches from using or promoting instruction that includes 3-cueing, as defined in s. 118.015 (1c) (c).