Chapter 115

115.385(1)(f) (f) Beginning with the accountability report published for the 2024-25 school year, for a school district other than a union high school district and for each school that offers grade 3 in that school district, the percentage of pupils reading at grade level by the end of 3rd grade.

115.385 Note NOTE: Par. (f) was created as par. (e) by 2023 Wis. Act 20 and renumbered to par. (f) by the legislative reference bureau under s. 13.92 (1) (bm) 2.

115.385(1g) (1g) For purposes of determining a school’s performance or a school district’s improvement under sub. (1) all of the following apply:

115.385(1g)(c) (c) The department shall consider the impact of poverty on pupil achievement and growth by adjusting the importance given to the measures under sub. (1) (a) 1. and 1m. based on the percentage of pupils in the school or school district who are economically disadvantaged. In this paragraph, an economically disadvantaged pupil is a pupil that satisfies either the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1) or other measures of poverty, as determined by the department. Of the total weight the department allocates to the measures under sub. (1) (a) 1. and 1m. for the purpose of determining a school’s performance or a school district’s improvement, the department shall do as follows:

115.385(1g)(c)1. 1. If 5 percent or less of the school or school district membership is comprised of economically disadvantaged pupils, weight the measure under sub. (1) (a) 1. at 90 percent and the measure under sub. (1) (a) 1m. at 10 percent.

115.385(1g)(c)2. 2. If 65 percent or more of the school or school district membership is comprised of economically disadvantaged pupils, weight the measure under sub. (1) (a) 1. at 10 percent and the measure under sub. (1) (a) 1m. at 90 percent.

115.385(1g)(c)3. 3. If the percentage of economically disadvantaged pupils in the school or school district membership is more than 5 percent but less than 65 percent, the department shall determine the weight of the measures under sub. (1) (a) 1m. as follows:

115.385(1g)(c)3.a. a. Divide 80 by 60.

115.385(1g)(c)3.b. b. Multiply the quotient determined under subd. 3. a. by the percentage of economically disadvantaged pupils in the school or school district membership.

115.385(1g)(c)3.c. c. Add 3.33 to the result under subd. 3. b.

115.385(1g)(c)4. 4. If the percentage of economically disadvantaged pupils in the school or school district membership is more than 5 percent but less than 65 percent, the department shall determine the weight of the measures under sub. (1) (a) 1. by subtracting the weight given to the measures under sub. (1) (a) 1m. as determined under subd. 3. from 100.

115.385(1g)(d) (d) For purposes of measuring a school district’s improvement, the department may not include data derived from a virtual charter school that is considered to be located in the school district under s. 118.51 (18) if at least 50 percent of the pupils attending the virtual charter school are attending under s. 118.51.

115.385(1g)(e) (e) The department may not use information provided under sub. (1) (d) 6.

115.385(1g)(f) (f) For purposes of measuring a school district’s improvement, the department may not include data derived from any of the following facilities located in the school district if 50 percent or more of the total number of pupils residing at the facility during the relevant school year do not reside at the facility for the entire school term:

115.385(1g)(f)1. 1. A juvenile detention facility, as defined in s. 938.02 (10r).

115.385(1g)(f)2. 2. A secured residential care center for children and youth, as defined in s. 938.02 (15g).

115.385(1g)(f)3. 3. A house of correction.

115.385(1g)(f)4. 4. A county jail.

115.385(1g)(g) (g) The department may not consider the statistics reported by a school or school district under s. 118.124.

115.385(2) (2) Beginning with the accountability report published for the 2015-16 school year, the department shall include in its annual school accountability report under sub. (1) charter schools established under s. 118.40 (2r) or (2x) and private schools participating in a parental choice program under s. 118.60 or 119.23. The department shall use the same criteria to measure the performance of all schools included in the annual school accountability report.

115.385(3) (3) On an accountability report published for a private school participating in a program under s. 118.60 or 119.23, the department shall specify the percentage of pupils attending the private school under the program and comply with one of the following:

115.385(3)(a) (a) For a private school that submits achievement data only for those pupils attending the private school under the program, assign to the private school a performance category derived from data about those pupils attending the private school under the program.

115.385(3)(b) (b) For a private school that submits achievement data for those pupils attending the private school under s. 118.60 or 119.23 and achievement data for all other pupils attending the private school, assign to the private school a performance category derived from data about pupils attending the school under s. 118.60 or 119.23 and identify the performance category as the choice pupil performance category. The department shall also assign a 2nd performance category, derived from data about all pupils attending the private school including pupils attending the private school under s. 118.60 or 119.23, as the private school performance category.

115.385(4) (4) Annually, each public school, including a charter school, and each private school participating in a parental choice program under s. 118.60 or 119.23 shall provide a copy of the school’s accountability report to the parent or guardian of each pupil enrolled in or attending the school. Each school shall simultaneously provide to the parent or guardian of each pupil enrolled in the school a list of the educational options available to children who reside in the pupil’s resident school district, including public schools, private schools participating in a parental choice program, charter schools, virtual schools, full-time or part-time open enrollment in a nonresident school district, the youth apprenticeship program under s. 106.13, the early college credit program, and options for pupils enrolled in a home-based private educational program. A school that does not operate high school grades is not required to include an educational option that is offered only to high school pupils in a list of educational options provided under this subsection.

115.385(5) (5) Beginning in the 2017-18 school year and biennially thereafter, the appropriate standing committee of each house of the legislature shall conduct a review of school and school district accountability reports published under this section.

115.385(6) (6) The department shall not publish a school and school district accountability report under this section in the 2020-21 school year.

115.385 History History: 2013 a. 20; 2015 a. 20, 55, 195, 212; 2017 a. 59, 209, 365; 2017 a. 366 s. 99; 2019 a. 85, 185; 2021 a. 83, 212; 2023 a. 12, 20; s. 13.92 (1) (bm) 2.

115.39 115.39 Literacy coaching program.

115.39(1) (1) Definitions. In this section:

115.39(1)(a) (a) “CESA region” means the geographic territory within the boundaries of a cooperative educational service agency.

115.39(1)(b) (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:

115.39(1)(b)1. 1. A public school, including a charter school established under s. 118.40 (2r) or (2x).

115.39(1)(b)2. 2. A private school participating in a program under s. 118.60 or 119.23.

115.39(1)(c) (c) “Office” means the office of literacy in the department.

115.39(2) (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:

115.39(2)(a) (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.

115.39(2)(b) (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).

115.39(2)(c) (c) Prohibit literacy coaches from using or promoting instruction that includes 3-cueing, as defined in s. 118.015 (1c) (c).

115.39(3) (3) Participation; schools and school districts.

115.39(3)(a) (a) The office shall assign one-half of the number of literacy coaches under sub. (2) (a) as follows:

115.39(3)(a)1. 1. Based on scores of the standardized reading test administered to pupils during the prior school year under s. 121.02 (1) (r), the office shall identify the 50 eligible schools that had the lowest percentage of pupils score as proficient in reading at grade level and the 50 eligible schools that had the largest gap in pupils who scored as proficient in reading at grade level.

115.39(3)(a)2. 2.

115.39(3)(a)2.a. a. Subject to par. (c) and subd. 2. b., from the eligible schools identified under subd. 1., the office shall select the eligible schools that the office determines have the greatest need for early literacy instructional coaching and shall assign at least one but no more than 3 eligible schools selected under this subdivision to each full-time equivalent literacy coach.

115.39(3)(a)2.b. b. From the eligible schools identified under subd. 1., the office shall select at least 2 eligible schools that are private schools participating in a program under s. 118.60 or 119.23.

115.39(3)(b) (b) The office shall assign one-half of the number of literacy coaches under sub. (2) (a), in consultation with cooperative educational service agencies, to eligible schools that request early literacy support. The office shall assign literacy coaches under this paragraph in a manner that allocates the literacy coaches evenly across CESA regions.

115.39(3)(c) (c)

115.39(3)(c)1. 1. The total number of full-time equivalent literacy coaches assigned under pars. (a) and (b) to eligible schools located within the geographical boundaries of a school district may not exceed the following:

115.39(3)(c)1.a. a. For a 1st class city school district, 10.

115.39(3)(c)1.b. b. For a school district other than a 1st class city school district, 4.

115.39(3)(c)2. 2. The total number of full-time equivalent literacy coaches assigned under pars. (a) and (b) to eligible schools located within a CESA region may not be fewer than 3.

115.39(3)(d) (d) The office shall ensure that a school assigned a literacy coach under par. (a) or (b) does not request or require that the literacy coach perform duties outside the individual’s role as a literacy coach. For purposes of this paragraph, the role of a literacy coach is to provide support to administrators, school-based literacy coaches, principals, and teachers to build teacher and school capacity to teach reading and language arts using science-based early reading instruction, as defined in s. 118.015 (1c) (b), in order to increase the percentage of pupils who are reading at grade level by the end of grade 3.

115.39(4) (4) Report. By October 15, 2024, and by each October 15 thereafter, the office shall submit a report to the joint committee on finance that includes at least all of the following for the previous school year:

115.39(4)(a) (a) The number of literacy coaches assigned to schools under sub. (3) (a) and (b).

115.39(4)(b) (b) The number of schools that were assigned a literacy coach under sub. (3) (a) and the number of schools that were assigned a literacy coach under sub. (3) (b).

115.39(4)(c) (c) The number of contracts that the office entered into under sub. (2) (a) and the number of contracts under sub. (2) (a) that were terminated.

115.39(4)(d) (d) The number of requests submitted for a literacy coach under sub. (3) (b).

115.39(4)(e) (e) The results of the standardized reading test administered under s. 121.02 (1) (r) and assessments under s. 118.016 in schools that were assigned a literacy coach under sub. (3) (a) or (b).

115.39(4)(f) (f) A description of the training provided under sub. (2) (b).

115.39(4)(g) (g) For the 2023-24 and 2024-25 school years, the number of individuals who completed the mandatory professional development training under 2023 Wisconsin Act 20, section 27 (2).

Effective date note NOTE: This section is repealed eff. 7-1-28 by 2023 Wis. Act 20.

115.39 History History: 2023 a. 20; s. 35.17 correction in (2) (a), (3) (a) 2. b., (c) 1. a., b.

115.405 115.405 Grant program for peer review and mentoring.

115.405(1) (1) 

115.405(1)(a) (a) A cooperative educational service agency or a consortium consisting of 2 or more school districts or cooperative educational service agencies, or a combination thereof, may apply to the department for a grant to provide technical assistance and training for teachers who are licensed or have been issued a permit under ss. 115.28 (7) and 118.192 to implement peer review and mentoring programs. An applicant for a grant under this subsection shall submit to the department a plan identifying the school districts and cooperative educational service agencies that will participate in the peer review and mentoring program and describing how the grant funds will be allocated. As a condition of receiving a grant under this subsection, a cooperative educational service agency or a consortium shall provide matching funds in an amount equal to at least 20 percent of the amount of the grant awarded. The matching funds may be in the form of money or in-kind services or both.

115.405(1)(b) (b) The department shall award grants under par. (a) from the appropriation under s. 20.255 (2) (fk). The department may not award more than $25,000 to an applicant in a fiscal year.

115.405(3) (3) The department shall promulgate rules to implement and administer this section.

115.405 History History: 1997 a. 237; 2005 a. 25; 2011 a. 32.

115.405 Cross-reference Cross-reference: See also ch. PI 38, Wis. adm. code.

115.41 115.41 Teacher improvement program. The state superintendent shall operate a program to provide prospective teachers with one-semester internships under the supervision of licensed teachers. The program may also fund in-service activities and professional staff development research projects. The state superintendent shall charge school districts fees for participation in the program. Program costs shall be paid from the appropriation under s. 20.255 (1) (hg).

115.41 History History: 1987 a. 27; 1995 a. 27 s. 9145 (1); 1997 a. 27.

115.415 115.415 Educator effectiveness.

115.415(1) (1) 

115.415(1)(a) (a) The department shall develop an educator effectiveness evaluation system and an equivalency process aligned with the department’s evaluation system for the evaluation of teachers and principals of public schools, including teachers and principals of a charter school established under s. 118.40 (2r) or (2x), as provided in this section. Subject to par. (b), each school board and the operator of each charter school established under s. 118.40 (2r) or (2x) shall evaluate teachers and principals in the school district or charter school beginning in the 2014-15 school year.

115.415(1)(b) (b) For the evaluation of teachers and principals in the 2019-20 school year, the school board and the operator of a charter school established under s. 118.40 (2r) may not consider pupil performance on statewide assessments administered under s. 118.30 in the 2019-20 school year and may not include pupil performance on those assessments in the evaluation score assigned to a teacher or principal under the educator effectiveness evaluation system developed under this section.

115.415(2) (2) The department shall develop an educator effectiveness evaluation system according to the following framework, and may charge a fee to a school district and the governing board of a charter school established under s. 118.40 (2r) or (2x) to use the system developed under this subsection:

115.415(2)(a) (a) Fifty percent of the total evaluation score assigned to a teacher or principal shall be based upon measures of student performance, including performance on state assessments, district-wide assessments, student learning objectives, school-wide reading at the elementary and middle-school levels, and graduation rates at the high school level.

115.415(2)(b) (b) Fifty percent of the total evaluation score assigned to a teacher or principal shall be based upon one of the following:

115.415(2)(b)1. 1. For a teacher, the extent to which the teacher’s practice meets the core teaching standards adopted by the 2011 Interstate Teacher Assessment and Support Consortium.

115.415(2)(b)2. 2. For a principal, the extent to which the principal’s practice meets the 2008 Interstate School Leaders Licensure Consortium Educational Leadership Policy Standards.

115.415(2)(c) (c) A teacher or principal evaluated under this subsection shall be placed in one of multiple performance categories.

115.415(3) (3) 

115.415(3)(a) (a) The department shall promulgate by rule an equivalency process aligned with the evaluation system established under sub. (2) for a school district, a charter school under contract with a school board that is not an instrumentality of the school district, or a charter school established under s. 118.40 (2r) or (2x) seeking to utilize an alternative process for the evaluation of teacher and principal practice. The process under this subsection shall be based on the criteria established in the 2011 Interstate Teacher Assessment and Support Consortium and the 2008 Interstate School Leaders Licensure Consortium Educational Leadership Policy Standards, and a school district, charter school under contract with a school board that is not an instrumentality of the school district, or charter school established under s. 118.40 (2r) or (2x) that uses the process under this subsection shall evaluate the performance of teachers in the following domains:

115.415(3)(a)1. 1. Planning and preparation.

115.415(3)(a)2. 2. The classroom environment.

115.415(3)(a)3. 3. Instruction.

115.415(3)(a)4. 4. Professional responsibilities and development.

115.415(3)(b) (b) A teacher or principal evaluated under this subsection shall be placed in one of multiple performance categories.

115.415(4) (4) From the appropriation under s. 20.255 (2) (ek), the department may award grants to school districts and the governing board of a charter school established under s. 118.40 (2r) or (2x) to implement an educator effectiveness evaluation system developed under sub. (2) or an equivalency process established by rule under sub. (3).

115.415 History History: 2011 a. 166; 2013 a. 20, 258; 2015 a. 20, 55; 2019 a. 185.