AB321-ASA1,19,19
16(6) Early literacy remediation plan; school district or independent charter
17school. A school board or operator of an independent charter school shall establish
18an early literacy remediation plan for grades 5-year-old kindergarten to 3 that
19includes all of the following:
AB321-ASA1,19,2120
(a) The assessments the school board or operator of the independent charter
21school uses to satisfy the requirements under sub. (3).
AB321-ASA1,19,2322
(b) A description of the interventions the school board or operator of the
23independent charter school uses to address characteristics of dyslexia.
AB321-ASA1,20,224
(c) A description of how the school board or operator of the independent charter
25school monitors pupil progress during interventions, including the frequency of
1monitoring pupil progress during interventions and any assessment tools used to
2monitor pupil progress during interventions.
AB321-ASA1,20,53
(d) How the school board or operator of the independent charter school uses
4results of assessments required under sub. (3) to evaluate early literacy instruction
5being provided in the school district or at the independent charter school.
AB321-ASA1,20,76
(e) A parent notification policy that complies with subs. (4) and (5) (a) 4. and
75.
AB321-ASA1,20,11
8(7) Reporting assessment data. By no later than July 15, 2025, and each July
915 thereafter, a school board shall report for each school and for the school district,
10and the operator of an independent charter school shall report for the independent
11charter school, all of the following to the department:
AB321-ASA1,20,1312
(a) The number of pupils who were identified as at-risk as the result of a
13fundamental skills screening assessment administered in the previous school year.
AB321-ASA1,20,1514
(b) The number of pupils who were identified as at-risk as the result of a
15universal screening assessment administered in the previous school year.
AB321-ASA1,20,1716
(c) The number of pupils who were identified as at-risk as the result of a
17diagnostic assessment administered in the previous school year.
AB321-ASA1,20,1918
(d) The names of the diagnostic assessments used to assess pupils in the
19previous school year.
AB321-ASA1,20,2120
(e) The number of pupils enrolled in 5-year-old kindergarten to 3rd grade who
21began receiving interventions during the previous school year, by grade.
AB321-ASA1,20,2422
(f) The total number of pupils enrolled in 5-year-old kindergarten to 3rd grade
23who received interventions under a personal reading plan during the previous school
24year.
AB321-ASA1,21,2
1(g) The number of pupils enrolled in 5-year-old kindergarten to 3rd grade who
2exited interventions during the previous school year, by grade.
AB321-ASA1,21,53
(h) The number of pupils for whom a referral under s. 115.777 was made during
4the previous school year based on diagnostic assessment results provided to a parent
5under sub. (4) (a).
AB321-ASA1,21,10
6(8) Department; duties. (a)
Selected and approved reading readiness
7assessments. 1. By no later than July 15, 2024, and subject to subd. 2., the
8department shall select a fundamental skills screening assessment and a universal
9screening assessment, and establish and maintain a list of diagnostic assessments
10that are approved by the department for use under this section.
AB321-ASA1,21,1211
2. The department may select or approve an assessment under subd. 1. only
12if the assessment meets all of the following criteria:
AB321-ASA1,21,1313
a. The assessment has a sensitivity rate of at least 70 percent.
AB321-ASA1,21,1414
b. The assessment has a specificity rate of at least 80 percent.
AB321-ASA1,21,1515
c. The assessment includes a growth measure.
AB321-ASA1,21,2016
3. The department shall publish a list of the assessments selected or approved
17under subd. 1. on its website and submit the lists of approved assessments to the
18appropriate standing committees of the legislature under s. 13.172 (3). If the
19department modifies a list under subd. 1., the department shall submit the modified
20list to the appropriate standing committees of the legislature under s. 13.172 (3).
AB321-ASA1,21,2521
(b)
Reports to the legislature. By November 30, 2025, and by each November
2230 thereafter, the department shall compile the information it receives under sub.
23(7) and submit a report to the appropriate standing committees of the legislature
24under s. 13.172 (3) that includes the number of pupils identified as at-risk in the
25previous school year, by school and by school district.
AB321-ASA1,22,7
1(9) State aid. (a)
Payment for costs. From the appropriation under s. 20.255
2(1) (f) and subject to par. (b), the department shall pay a school board or operator of
3an independent charter school the per pupil cost of each reading readiness
4assessment required to be administered under sub. (2) or (3). Beginning in the
52025-26 school year, the department may pay a school board or operator of an
6independent charter school under this paragraph only if the school board or operator
7of the independent charter school does all of the following:
AB321-ASA1,22,88
1. Submits the report required under sub. (7) for the previous school year.
AB321-ASA1,22,119
2. In the report required under sub. (7) for the previous school year, indicates
10that the school board or operator of the independent charter school used only reading
11readiness assessments selected or approved under sub. (8) (a) for that school year.
AB321-ASA1,22,1512
(b)
Proration. If the appropriation under s. 20.255 (1) (f) in any fiscal year is
13insufficient to pay the full amount of aid under par. (a), the department shall prorate
14state aid payments among the school boards and operators of independent charter
15schools entitled to the aid.
AB321-ASA1,23,2
16(10) Enforcement. (a) If a parent or guardian of a pupil enrolled in 4-year-old
17kindergarten to 3rd grade in a school district or independent charter school believes
18that the school board or operator of the independent charter school is not in
19compliance with this section, the parent or guardian may file a complaint with the
20department that describes the specific manner in which the school board or operator
21is not in compliance with this section. The department shall review a complaint
22received under this paragraph and issue a determination on whether the school
23board or operator is in compliance with this section. If the department determines
24that a school board or operator of an independent charter school is not in compliance
25with this section, the department shall notify the school board or operator of its
1determination and shall include in the notice the specific actions required for the
2school board or operator to be in compliance with this section.
AB321-ASA1,23,73
(b) If the department determines under par. (a) that a school board or operator
4of an independent charter school is not in compliance with this section and the school
5board or operator continues to fail to comply with this section, the complainant under
6par. (a) may bring an action for injunctive relief or a writ of mandamus in circuit court
7to compel the school board to comply with this section.
AB321-ASA1,23,9
8(11) Rules. The department may promulgate rules under this section only on
9the following:
AB321-ASA1,23,1010
(a) A process to select or approve assessments under sub. (8) (a).
AB321-ASA1,23,1211
(b) A process to request that a specific diagnostic assessment be approved by
12the department.
AB321-ASA1,17
13Section 17
. 118.19 (12) of the statutes is renumbered 118.19 (12) (intro.) and
14amended to read:
AB321-ASA1,23,2315
118.19
(12) (intro.)
Beginning on July 1, 1998, the The department may not
16issue a license that authorizes the holder to teach reading or language arts to pupils
17in any prekindergarten class or in any of the grades from kindergarten to 6 unless
18the applicant has successfully completed instruction preparing the applicant to
19teach reading and language arts
using appropriate instructional methods, including
20phonics.
The phonics instruction need not be provided as a separate course. In this
21subsection, “phonics" means a method of teaching beginners to read and pronounce
22words by learning the phonetic value of letters, letter groups and syllables. that
23satisfies all of the following:
AB321-ASA1,18
24Section 18
. 118.19 (12) (a) and (b) of the statutes are created to read:
AB321-ASA1,24,3
1118.19
(12) (a) The instruction prepared the applicant to teach reading and
2language arts using science-based early reading instruction, as defined in s. 118.015
3(1c) (b).
AB321-ASA1,24,64
(b) For licenses issued on or after July 1, 2026, the instruction did not include
53-cueing, as defined in s. 118.015 (1c) (c), as a method to teach reading and language
6arts.
AB321-ASA1,19
7Section 19
. 118.33 (5m) of the statutes is created to read:
AB321-ASA1,24,108
118.33
(5m) By January 1, 2025, the department shall establish by rule a
9model policy for promoting a pupil from the 3rd grade to the 4th grade. The
10department shall include in the model policy at least all of the following:
AB321-ASA1,24,1311
(a) A requirement that a pupil who scores in the lowest proficiency category on
12the examination under s. 121.02 (1) (r) and is promoted to 4th grade be retained in
133rd grade reading.
AB321-ASA1,24,1514
(b) A good cause exception to the requirement under par. (a) for all of the
15following:
AB321-ASA1,24,1616
1. Limited-English proficient pupils, as defined in s. 115.955 (7).
AB321-ASA1,24,1817
2. A pupil who has an individual education plan that indicates that taking the
18examination under s. 121.02 (1) (r) is not appropriate for the pupil.
AB321-ASA1,24,2019
3. A pupil who scores as proficient in reading on an alternative standardized
20assessment approved by the department.
AB321-ASA1,24,2521
4. A pupil who has an individual education plan or a plan to provide
22accommodations or services under section 504 of the federal Rehabilitation Act of
231973 that indicates that the pupil has received intensive intervention in reading for
24more than 2 years if the pupil continues to demonstrate a deficiency in reading and
25was previously retained in kindergarten, 1st, 2nd, or 3rd grade.
AB321-ASA1,25,3
15. A pupil who has received intensive intervention in reading for 2 or more
2school years, continues to demonstrate a deficiency in reading, and was previously
3retained in kindergarten, 1st, 2nd, or 3rd grade for a total of 2 years.
AB321-ASA1,25,54
(c) A requirement that the school board do all of the following for a pupil who
5is retained in 3rd grade reading under the policy:
AB321-ASA1,25,76
1. Provide the pupil with intensive instructional services, progress monitoring,
7and supports to remediate the identified areas of deficiency.
AB321-ASA1,25,118
2. Notify the pupil's parent or guardian, in writing, that the pupil did not meet
9the reading proficiency level required for promotion to 4th grade and include a
10description of the intensive instructional services and supports that will be provided
11to the pupil to remediate the identified areas of reading deficiency.
AB321-ASA1,25,1412
(d) A requirement that the school board provide an intensive summer reading
13program for pupils who scored in the lowest proficiency category on the examination
14under s. 121.02 (1) (r).
AB321-ASA1,20
15Section 20
. 118.33 (6) (a) 3. of the statutes is created to read:
AB321-ASA1,25,2116
118.33
(6) (a) 3. By July 1, 2025, each school board shall adopt a written policy
17specifying the criteria for promoting a pupil from the 3rd grade to the 4th grade that
18includes at least all of the components under sub. (5m) (a) to (d). Beginning on
19September 1, 2027, a school board may not promote a 3rd grade pupil to the 4th grade
20unless the pupil satisfies the criteria for promotion specified in the school board's
21policy under this subdivision.
AB321-ASA1,21
22Section 21
. 118.33 (6) (b) 2m. of the statutes is created to read:
AB321-ASA1,26,423
118.33
(6) (b) 2m. By July 1, 2025, each operator of a charter school under s.
24118.40 (2r) or (2x) shall adopt a written policy specifying the criteria for promoting
25a pupil from the 3rd grade to the 4th grade that includes at least all of the components
1under sub. (5m) (a) to (d). Beginning on September 1, 2027, an operator of a charter
2school under s. 118.40 (2r) or (2x) may not promote a 3rd grade pupil to the 4th grade
3unless the pupil satisfies the criteria for promotion specified in the charter school
4operator's policy under this subdivision.
AB321-ASA1,22
5Section 22
. 118.33 (6) (b) 3. of the statutes is amended to read:
AB321-ASA1,26,116
118.33
(6) (b) 3. If a school board enters into an agreement with a federally
7recognized American Indian tribe or band in this state to establish a charter school,
8the criteria specified in the
policy policies adopted by that school board under par.
9(a) 1.
and 3. apply to pupils enrolled in the charter school and that school board is
10subject to the prohibitions in par. (a) 2.
and 3. with respect to pupils enrolled in the
11charter school, regardless of the location of the charter school.
AB321-ASA1,23
12Section 23
. 118.33 (6) (c) 3. of the statutes is created to read:
AB321-ASA1,26,2013
118.33
(6) (c) 3. By July 1, 2025, the governing body of each private school
14participating in the program under s. 119.23 shall adopt a written policy specifying
15the criteria for promoting a pupil from the 3rd grade to the 4th grade that includes
16at least all of the components under sub. (5m) (a) to (d). Beginning on September 1,
172027, the governing body of a private school participating in the program under s.
18119.23 may not promote a 3rd grade pupil to the 4th grade unless the pupil satisfies
19the criteria for promotion specified in the governing body's policy under this
20subdivision.
AB321-ASA1,24
21Section 24
. 118.33 (6) (cr) 3. of the statutes is created to read:
AB321-ASA1,27,422
118.33
(6) (cr) 3. By July 1, 2025, the governing body of each private school
23participating in the program under s. 118.60 shall adopt a written policy specifying
24the criteria for promoting a pupil from the 3rd grade to the 4th grade that includes
25at least all of the components under sub. (5m) (a) to (d). Beginning on September 1,
12027, the governing body of a private school participating in the program under s.
2118.60 may not promote a 3rd grade pupil to the 4th grade unless the pupil satisfies
3the criteria for promotion specified in the governing body's policy under this
4subdivision.
AB321-ASA1,25
5Section 25
. 119.44 (2) (bm) of the statutes is created to read:
AB321-ASA1,27,86
119.44
(2) (bm) The performance of pupils on the assessments administered
7during the prior school year under s. 118.016 (3), categorized by school, gender, and
8ethnicity.
AB321-ASA1,26
9Section 26
. 121.02 (1) (c) 3. of the statutes is amended to read:
AB321-ASA1,27,1610
121.02
(1) (c) 3. The pupil's
reading assessment performance on an assessment 11under s. 118.016
(3) indicates that the pupil is
at risk of reading difficulty at-risk,
12as defined in s. 118.016 (1) (a). If this subdivision applies, the interventions or
13services provided the pupil shall
be scientifically based include the components of
14science-based early reading instruction, as defined in s. 118.015 (1c) (b), and shall
15address all areas in which the pupil is deficient in a manner consistent with the state
16standards in reading and language arts.
AB321-ASA1,27,1918
(1)
Council on early literacy curricula; initial appointments,
19recommendations for the 2024-25 school year.
AB321-ASA1,27,2120
(a)
Appointments. Notwithstanding s. 15.377 (9), the initial members of the
21council on early literacy curricula shall be appointed as follows:
AB321-ASA1,28,2
221. Except as provided in subd. 2., 9 members who have knowledge of or
23experience with science-based early literacy instruction, as defined in s. 118.015 (1c)
24(b), and literacy curricula for pupils in grades kindergarten to 3 appointed jointly by
1the state superintendent of public instruction, the speaker of the assembly, and the
2senate majority leader.
AB321-ASA1,28,5
32. If the state superintendent of public instruction, the speaker of the assembly,
4and the senate majority leader do not jointly appoint 9 members by 45 days after the
5effective date of this subdivision:
AB321-ASA1,28,8
6a. Three members who have knowledge of or experience with science-based
7early literacy instruction, as defined in s. 118.015 (1c) (b), and literacy curricula for
8pupils in grades kindergarten to 3 appointed by the speaker of the assembly.
AB321-ASA1,28,11
9b. Three members who have knowledge of or experience with science-based
10early literacy instruction, as defined in s. 118.015 (1c) (b), and literacy curricula for
11pupils in grades kindergarten to 3 appointed by the senate majority leader.
AB321-ASA1,28,15
12c. Three members who have knowledge of or experience with science-based
13early literacy instruction, as defined in s. 118.015 (1c) (b), and literacy curricula for
14pupils in grades kindergarten to 3 appointed by the state superintendent of public
15instruction.
AB321-ASA1,28,19
163. If members are appointed under subd. 2., the speaker of the assembly, the
17senate majority leader, and the state superintendent of public instruction shall make
18their respective appointments by no later than 60 days after the effective date of this
19subdivision.
AB321-ASA1,29,220
(b)
Staggered terms. Notwithstanding the length of terms specified for the
21members of the council on early literacy curricula under s. 15.377 (9) (a), 3 of the
22initial members shall be appointed for terms expiring on July 1, 2024; 3 of the initial
23members shall be appointed for terms expiring on July 1, 2025; and 3 of the initial
24members shall be appointed for terms expiring on July 1, 2026. At the expiration of
1an initial term, each of the appointing authorities under s. 15.377 (9) (a) 1., 2., and
23. shall appoint one member to the council.
AB321-ASA1,29,33
(c)
Recommendations for the 2024-25 school year.
AB321-ASA1,29,9
41. The council on early literacy curricula shall submit to the department of
5public instruction recommendations for literacy curricula and instructional
6materials for grades kindergarten to 3 for use in the 2024-25 school year by no later
7than October 1, 2023. The council on early literacy curricula may recommend only
8literacy curricula and instructional materials that satisfy the criteria in s. 118.015
9(1m) (a) 1. and 2.
AB321-ASA1,29,14
102. Notwithstanding s. 118.015 (1m) (b), as soon as practicable but by no later
11than November 1, 2023, the department of public instruction shall submit to the joint
12committee on finance proposed recommendations for literacy curricula and
13instructional materials for grades kindergarten to 3 for use in the 2024-25 school
14year.
AB321-ASA1,29,1515
(2)
Mandatory early reading instruction professional development.
AB321-ASA1,29,2316
(a) Each school board and operator of a charter school shall ensure that, by July
171, 2025, or for an individual hired after January 1, 2025, but before July 1, 2025, by
18no later than 6 months after the individual's date of hire, each individual who teaches
19a grade from kindergarten to 3 in the school district or charter school, each individual
20employed by the school board or charter school as a principal of a school that offers
21grades kindergarten to 3, and each individual employed by the school board or
22charter school as a reading specialist has received professional development training
23that is all of the following:
AB321-ASA1,30,3
11. Lexia Learning Systems, LLC, Language Essentials for Teachers of Reading
2and Spelling training or another program endorsed by the Center for Effective
3Reading Instruction as an accredited independent teacher training program.
AB321-ASA1,30,5
42. Offered by the Leadership in Literacy Institute or a provider that meets all
5of the following requirements:
AB321-ASA1,30,8
6a. The provider provides evidence of at least 5 years of experience conducting
7evidence-aligned, systematic, structured literacy trainings specifically for school
8principals, administrators, and literacy teams.
AB321-ASA1,30,11
9b. The provider demonstrates that the training content is aligned with the
10National Reading Panel Report and subsequent updates of the research by the
11Institute of Education Sciences.
AB321-ASA1,30,13
12c. The provider requires that training include a substantial focus and
13understanding on direct instruction.
AB321-ASA1,30,15
14d. The provider delivers the training over at least 6 days during the 2023-24
15or 2024-25 school year.
AB321-ASA1,30,18
16e. The provider provides participants with activities to implement
17evidence-aligned systems and structures that effectuate change in the school or
18school district.
AB321-ASA1,30,19
19f. The provider delivers training that allows for a minimum of 30 participants.
AB321-ASA1,31,220
(b) The Board of Regents of the University of Wisconsin System shall ensure
21that, by July 1, 2025, any faculty or academic staff member of the University of
22Wisconsin System who teaches a course that includes curriculum in reading
23instruction designed for an individual who intends to apply for a license issued by
24the department of public instruction to teach a grade from kindergarten to 3, to be
1a principal, or to be a reading specialist has received the professional development
2training specified in par. (a) 1. and 2
.
AB321-ASA1,31,33
(3)
Model 3rd grade retention policy; rule making.
AB321-ASA1,31,74
(a) Notwithstanding s. 227.135 (2), the department of public instruction is not
5required to present the statement of scope of the rules required under s. 118.33 (5m)
6to the department of administration for review by the department of administration
7and approval by the governor.