AB971: Bill Text

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AB971,4 Section 4. 118.016 (1) (a) of the statutes is repealed.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

AB971,10,12 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.

AB971,10,15 b. On at least 2 occasions, 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.

AB971,10,17 6. The pupil's parent or guardian enrolls the pupil in an accredited or licensed reading program outside regular school hours.

AB971,10,22 (b) 1. Except as provided in par. (c), a school board may not promote a 3rd grade pupil enrolled in the school district, including a pupil enrolled in a charter school located in the school district, to the 4th grade unless the pupil scores proficient or higher on the standardized 3rd grade reading test administered under s. 121.02 (1) (r).

AB971,11,2 2. Notwithstanding subd. 1., a school board may promote a 3rd grade pupil who does not meet the requirement under subd. 1. to the 4th grade if the school board determines that good cause exists to exempt the pupil from the requirement and all of the following conditions are met:

AB971,11,6 a. The pupil's teacher submits to the principal of the pupil's school documentation of the good cause reason that applies to the pupil, along with any other evidence that promoting the pupil is appropriate based on the pupil's academic performance.

AB971,11,10 b. The principal of the pupil's school discusses the documentation submitted under subd. 2. a. with the pupil's teacher and the pupil's parent or guardian, determines that promoting the pupil is appropriate, and submits to the school board a written recommendation that the pupil be promoted.

AB971,11,12 c. The pupil's parent or guardian agrees with the recommendation submitted under subd. 2. b.

AB971,11,14 d. The school board reviews the recommendation submitted under subd. 2. b. and agrees that promoting the pupil is appropriate.

AB971,11,18 (c) 1. The 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 scores proficient or higher on the standardized 3rd grade reading test administered under s. 118.40 (2r) (d) 2. or (2x) (d) 2.

AB971,11,22 2. Notwithstanding subd. 1., the operator of a charter school under s. 118.40 (2r) or (2x) may promote a 3rd grade pupil who does not meet the requirement under subd. 1. to the 4th grade if the operator determines that good cause exists to exempt the pupil from the requirement and all of the following conditions are met:

AB971,12,2 a. The pupil's teacher submits to the principal of the pupil's school documentation of the good cause reason that applies to the pupil, along with any other evidence that promoting the pupil is appropriate based on the pupil's academic performance.

AB971,12,6 b. The principal of the pupil's school discusses the documentation submitted under subd. 2. a. with the pupil's teacher and the pupil's parent or guardian, determines that promoting the pupil is appropriate, and submits to the operator a written recommendation that the pupil be promoted.

AB971,12,8 c. The pupil's parent or guardian agrees with the recommendation submitted under subd. 2. b.

AB971,12,10 d. The operator reviews the recommendation submitted under subd. 2. b. and agrees that promoting the pupil is appropriate.

AB971,12,14 (d) 1. The governing body of a private school participating in the program under s. 119.23 may not promote a 3rd grade pupil who is attending the private school under s. 119.23 to the 4th grade unless the pupil scores proficient or higher on the standardized 3rd grade reading test administered under s. 119.23 (7) (b) 1.

AB971,12,20 2. Notwithstanding subd. 1., the governing body of a private school participating in the program under s. 119.23 may promote a 3rd grade pupil who is attending the private school under s. 119.23 and who does not meet the requirement under subd. 1. to the 4th grade if the governing body determines that good cause exists to exempt the pupil from the requirement and all of the following conditions are met:

AB971,12,24 a. The pupil's teacher submits to the principal or administrator of the pupil's school documentation of the good cause reason that applies to the pupil, along with any other evidence that promoting the pupil is appropriate based on the pupil's academic performance.

AB971,13,4 b. The principal or administrator of the pupil's school discusses the documentation submitted under subd. 2. a. with the pupil's teacher and the pupil's parent or guardian, determines that promoting the pupil is appropriate, and submits to the governing body a written recommendation that the pupil be promoted.

AB971,13,6 c. The pupil's parent or guardian agrees with the recommendation submitted under subd. 2. b.

AB971,13,8 d. The governing body reviews the recommendation submitted under subd. 2. b. and agrees that promoting the pupil is appropriate.

AB971,13,12 (e) 1. The governing body of a private school participating in the program under s. 118.60 may not promote a 3rd grade pupil who is attending the private school under s. 118.60 to the 4th grade unless the pupil scores proficient or higher on the standardized 3rd grade reading test administered under s. 118.60 (7) (b) 1.

AB971,13,18 2. Notwithstanding subd. 1., the governing body of a private school participating in the program under s. 118.60 may promote a 3rd grade pupil who is attending the private school under s. 118.60 and who does not meet the requirement under subd. 1. to the 4th grade if the governing body determines that good cause exists to exempt the pupil from the requirement and all of the following conditions are met:

AB971,13,22 a. The pupil's teacher submits to the principal or administrator of the pupil's school documentation of the good cause reason that applies to the pupil, along with any other evidence that promoting the pupil is appropriate based on the pupil's academic performance.

AB971,14,2 b. The principal or administrator of the pupil's school discusses the documentation submitted under subd. 2. a. with the pupil's teacher and the pupil's parent or guardian, determines that promoting the pupil is appropriate, and submits to the governing body a written recommendation that the pupil be promoted.