AB971: Bill Text

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.

AB971,14,4 c. The pupil's parent or guardian agrees with the recommendation submitted under subd. 2. b.

AB971,14,6 d. The governing body reviews the recommendation submitted under subd. 2. b. and agrees that promoting the pupil is appropriate.

AB971,17 Section 17. 118.40 (2r) (b) 2. m. of the statutes is created to read:

AB971,14,10 118.40 (2r) (b) 2. m. A requirement that the charter school governing board develop or adopt a program to identify and address pupils with dyslexia, as defined in s. 118.016 (1b) (b).

AB971,18 Section 18 . 118.40 (2r) (d) 3. of the statutes is created to read:

AB971,14,14 118.40 (2r) (d) 3. Ensure that the parents of pupils enrolled in charter schools under this subsection who are in grades kindergarten to 3 are not allowed to excuse those pupils from taking standardized tests.

AB971,19 Section 19. 118.40 (2x) (b) 2. m. of the statutes is created to read:

AB971,14,18 118.40 (2x) (b) 2. m. A requirement that the charter school governing board develop or adopt a program to identify and address pupils with dyslexia, as defined in s. 118.016 (1b) (b).

AB971,20 Section 20 . 118.40 (2x) (d) 3. of the statutes is created to read:

AB971,14,22 118.40 (2x) (d) 3. Ensure that the parents of pupils enrolled in charter schools under this subsection who are in grades kindergarten to 3 are not allowed to excuse those pupils from taking standardized tests.

AB971,21 Section 21. 118.44 (3) of the statutes is amended to read:

AB971,15,5 118.44 (3) Contract. The school board of an eligible school district may enter into a 5-year contract with the department on behalf of one or more schools in the school district that are eligible under sub. (2) (b). No achievement gap reduction contract entered into under this section may include a waiver of any requirement of or rule promulgated under the authority of this section. Beginning on the effective date of this subsection .... [LRB inserts date], the department may not enter into any new contracts.

AB971,22 Section 22. 118.44 (5) (a) of the statutes is amended to read:

AB971,15,10 118.44 (5) (a) Except as provided in par. pars. (b) and (c), a contract under this section may be renewed for one or more terms of 5 school years. No achievement gap reduction contract renewed under this section may include a waiver of any requirement of or rule promulgated under the authority of this section.

AB971,23 Section 23. 118.44 (5) (c) of the statutes is created to read:

AB971,15,13 118.44 (5) (c) Beginning on the effective date of this paragraph .... [LRB inserts date], the department may not renew a contract under this section.

AB971,24 Section 24. 118.44 (6) (a) of the statutes is repealed.

AB971,25 Section 25. 118.44 (6) (bm) (intro.) of the statutes is amended to read:

AB971,15,20 118.44 (6) (bm) (intro.) From In the 2021-22 and 2022-23 school years, from the appropriation under s. 20.255 (2) (cu), for each low-income pupil enrolled in a participating grade, the department shall pay to a school district that has entered into a contract with the department under this section an amount determined annually by the department as follows:

AB971,26 Section 26. 118.44 (6) (bm) 3. of the statutes is amended to read:

AB971,15,23 118.44 (6) (bm) 3. Divide the amount appropriated , as defined in s. 118.44 (6) (a), 2019 stats., by the sum of low-income pupils under subd. 2.

AB971,27 Section 27. 118.44 (6) (br) and (bw) of the statutes are created to read:

AB971,16,5 118.44 (6) (br) Subject to par. (bw), beginning in the 2023-24 school year, from the appropriation under s. 20.255 (2) (cu), the department shall pay to a school district that has entered into a contract with the department under this section an amount for each low-income pupil enrolled in a participating grade that is equal to the per pupil amount the department paid in the 2022-23 school year.

AB971,16,9 (bw) If, after subtracting the amount allocated under sub. (7) (a), the appropriation under s. 20.255 (2) (cu) in any fiscal year is insufficient to pay the full amount under par. (br), the department shall prorate the payments among the school districts entitled to receive the payments.

AB971,28 Section 28. 118.60 (2) (a) 10. of the statutes is created to read:

AB971,16,12 118.60 (2) (a) 10. The private school develops or adopts a program to identify and address pupils with dyslexia, as defined in s. 118.016 (1b) (b).

AB971,29 Section 29 . 118.60 (7) (e) of the statutes is amended to read:

AB971,16,19 118.60 (7) (e) Each private school participating in the program under this section shall administer the examinations required under s. 118.30 (1t) or examinations permitted under s. 118.301 (3) to pupils attending the school under the program. The private school may administer additional standardized tests to such pupils. The private school may not allow parents of such pupils in any grade from kindergarten to 3 to excuse those pupils from taking a standardized test.