Amendment ASA1-AB321

AB321-ASA1,23,7 (b) If the department determines under par. (a) that a school board or operator of an independent charter school is not in compliance with this section and the school board or operator continues to fail to comply with this section, the complainant under par. (a) may bring an action for injunctive relief or a writ of mandamus in circuit court to compel the school board to comply with this section.

AB321-ASA1,23,9 (11) Rules. The department may promulgate rules under this section only on the following:

AB321-ASA1,23,10 (a) A process to select or approve assessments under sub. (8) (a).

AB321-ASA1,23,12 (b) A process to request that a specific diagnostic assessment be approved by the department.

AB321-ASA1,17 Section 17 . 118.19 (12) of the statutes is renumbered 118.19 (12) (intro.) and amended to read:

AB321-ASA1,23,23 118.19 (12) (intro.) Beginning on July 1, 1998, the The department may not issue a license that authorizes the holder to teach reading or language arts to pupils in any prekindergarten class or in any of the grades from kindergarten to 6 unless the applicant has successfully completed instruction preparing the applicant to teach reading and language arts using appropriate instructional methods, including phonics. The phonics instruction need not be provided as a separate course. In this subsection, “phonics" means a method of teaching beginners to read and pronounce words by learning the phonetic value of letters, letter groups and syllables. that satisfies all of the following:

AB321-ASA1,18 Section 18 . 118.19 (12) (a) and (b) of the statutes are created to read:

AB321-ASA1,24,3 118.19 (12) (a) The instruction prepared the applicant to teach reading and language arts using science-based early reading instruction, as defined in s. 118.015 (1c) (b).

AB321-ASA1,24,6 (b) For licenses issued on or after July 1, 2026, the instruction did not include 3-cueing, as defined in s. 118.015 (1c) (c), as a method to teach reading and language arts.

AB321-ASA1,19 Section 19 . 118.33 (5m) of the statutes is created to read:

AB321-ASA1,24,10 118.33 (5m) By January 1, 2025, the department shall establish by rule a model policy for promoting a pupil from the 3rd grade to the 4th grade. The department shall include in the model policy at least all of the following:

AB321-ASA1,24,13 (a) A requirement that a pupil who scores in the lowest proficiency category on the examination under s. 121.02 (1) (r) and is promoted to 4th grade be retained in 3rd grade reading.

AB321-ASA1,24,15 (b) A good cause exception to the requirement under par. (a) for all of the following:

AB321-ASA1,24,16 1. Limited-English proficient pupils, as defined in s. 115.955 (7).

AB321-ASA1,24,18 2. A pupil who has an individual education plan that indicates that taking the examination under s. 121.02 (1) (r) is not appropriate for the pupil.

AB321-ASA1,24,20 3. A pupil who scores as proficient in reading on an alternative standardized assessment approved by the department.

AB321-ASA1,24,25 4. A pupil who has an individual education plan or a plan to provide accommodations or services under section 504 of the federal Rehabilitation Act of 1973 that indicates that the pupil has received intensive intervention in reading for more than 2 years if the pupil continues to demonstrate a deficiency in reading and was previously retained in kindergarten, 1st, 2nd, or 3rd grade.

AB321-ASA1,25,3 5. A pupil who has received intensive intervention in reading for 2 or more school years, continues to demonstrate a deficiency in reading, and was previously retained in kindergarten, 1st, 2nd, or 3rd grade for a total of 2 years.

AB321-ASA1,25,5 (c) A requirement that the school board do all of the following for a pupil who is retained in 3rd grade reading under the policy:

AB321-ASA1,25,7 1. Provide the pupil with intensive instructional services, progress monitoring, and supports to remediate the identified areas of deficiency.

AB321-ASA1,25,11 2. Notify the pupil's parent or guardian, in writing, that the pupil did not meet the reading proficiency level required for promotion to 4th grade and include a description of the intensive instructional services and supports that will be provided to the pupil to remediate the identified areas of reading deficiency.

AB321-ASA1,25,14 (d) A requirement that the school board provide an intensive summer reading program for pupils who scored in the lowest proficiency category on the examination under s. 121.02 (1) (r).

AB321-ASA1,20 Section 20 . 118.33 (6) (a) 3. of the statutes is created to read:

AB321-ASA1,25,21 118.33 (6) (a) 3. By July 1, 2025, each school board shall adopt a written policy specifying the criteria for promoting a pupil from the 3rd grade to the 4th grade that includes at least all of the components under sub. (5m) (a) to (d). Beginning on September 1, 2027, a school board may not promote a 3rd grade pupil to the 4th grade unless the pupil satisfies the criteria for promotion specified in the school board's policy under this subdivision.

AB321-ASA1,21 Section 21 . 118.33 (6) (b) 2m. of the statutes is created to read:

AB321-ASA1,26,4 118.33 (6) (b) 2m. By July 1, 2025, each operator of a charter school under s. 118.40 (2r) or (2x) shall adopt a written policy specifying the criteria for promoting a pupil from the 3rd grade to the 4th grade that includes at least all of the components under sub. (5m) (a) to (d). Beginning on September 1, 2027, an 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 satisfies the criteria for promotion specified in the charter school operator's policy under this subdivision.

AB321-ASA1,22 Section 22 . 118.33 (6) (b) 3. of the statutes is amended to read:

AB321-ASA1,26,11 118.33 (6) (b) 3. If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school, the criteria specified in the policy policies adopted by that school board under par. (a) 1. and 3. apply to pupils enrolled in the charter school and that school board is subject to the prohibitions in par. (a) 2. and 3. with respect to pupils enrolled in the charter school, regardless of the location of the charter school.

AB321-ASA1,23 Section 23 . 118.33 (6) (c) 3. of the statutes is created to read:

AB321-ASA1,26,20 118.33 (6) (c) 3. By July 1, 2025, the governing body of each private school participating in the program under s. 119.23 shall adopt a written policy specifying the criteria for promoting a pupil from the 3rd grade to the 4th grade that includes at least all of the components under sub. (5m) (a) to (d). Beginning on September 1, 2027, the governing body of a private school participating in the program under s. 119.23 may not promote a 3rd grade pupil to the 4th grade unless the pupil satisfies the criteria for promotion specified in the governing body's policy under this subdivision.

AB321-ASA1,24 Section 24 . 118.33 (6) (cr) 3. of the statutes is created to read:

AB321-ASA1,27,4 118.33 (6) (cr) 3. By July 1, 2025, the governing body of each private school participating in the program under s. 118.60 shall adopt a written policy specifying the criteria for promoting a pupil from the 3rd grade to the 4th grade that includes at least all of the components under sub. (5m) (a) to (d). Beginning on September 1, 2027, the governing body of a private school participating in the program under s. 118.60 may not promote a 3rd grade pupil to the 4th grade unless the pupil satisfies the criteria for promotion specified in the governing body's policy under this subdivision.

AB321-ASA1,25 Section 25 . 119.44 (2) (bm) of the statutes is created to read:

AB321-ASA1,27,8 119.44 (2) (bm) The performance of pupils on the assessments administered during the prior school year under s. 118.016 (3), categorized by school, gender, and ethnicity.

AB321-ASA1,26 Section 26 . 121.02 (1) (c) 3. of the statutes is amended to read:

AB321-ASA1,27,16 121.02 (1) (c) 3. The pupil's reading assessment performance on an assessment under s. 118.016 (3) indicates that the pupil is at risk of reading difficulty at-risk, as defined in s. 118.016 (1) (a). If this subdivision applies, the interventions or services provided the pupil shall be scientifically based include the components of science-based early reading instruction, as defined in s. 118.015 (1c) (b), and shall address all areas in which the pupil is deficient in a manner consistent with the state standards in reading and language arts.

AB321-ASA1,27 Section 27 . Nonstatutory provisions.

AB321-ASA1,27,19 (1) Council on early literacy curricula; initial appointments, recommendations for the 2024-25 school year.

AB321-ASA1,27,21 (a) Appointments. Notwithstanding s. 15.377 (9), the initial members of the council on early literacy curricula shall be appointed as follows:

AB321-ASA1,28,2 1. Except as provided in subd. 2., 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 appointed jointly by the state superintendent of public instruction, the speaker of the assembly, and the senate majority leader.

AB321-ASA1,28,5 2. If the state superintendent of public instruction, the speaker of the assembly, and the senate majority leader do not jointly appoint 9 members by 45 days after the effective date of this subdivision:

AB321-ASA1,28,8 a. Three 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 appointed by the speaker of the assembly.

AB321-ASA1,28,11 b. Three 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 appointed by the senate majority leader.

AB321-ASA1,28,15 c. Three 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 appointed by the state superintendent of public instruction.

AB321-ASA1,28,19 3. If members are appointed under subd. 2., the speaker of the assembly, the senate majority leader, and the state superintendent of public instruction shall make their respective appointments by no later than 60 days after the effective date of this subdivision.

AB321-ASA1,29,2 (b) Staggered terms. Notwithstanding the length of terms specified for the members of the council on early literacy curricula under s. 15.377 (9) (a), 3 of the initial members shall be appointed for terms expiring on July 1, 2024; 3 of the initial members shall be appointed for terms expiring on July 1, 2025; and 3 of the initial members shall be appointed for terms expiring on July 1, 2026. At the expiration of an initial term, each of the appointing authorities under s. 15.377 (9) (a) 1., 2., and 3. shall appoint one member to the council.

AB321-ASA1,29,3 (c) Recommendations for the 2024-25 school year.

AB321-ASA1,29,9 1. The council on early literacy curricula shall submit to the department of public instruction recommendations for literacy curricula and instructional materials for grades kindergarten to 3 for use in the 2024-25 school year by no later than October 1, 2023. The council on early literacy curricula may recommend only literacy curricula and instructional materials that satisfy the criteria in s. 118.015 (1m) (a) 1. and 2.

AB321-ASA1,29,14 2. Notwithstanding s. 118.015 (1m) (b), as soon as practicable but by no later than November 1, 2023, the department of public instruction shall submit to the joint committee on finance proposed recommendations for literacy curricula and instructional materials for grades kindergarten to 3 for use in the 2024-25 school year.

AB321-ASA1,29,15 (2) Mandatory early reading instruction professional development.

AB321-ASA1,29,23 (a) Each school board and operator of a charter school shall ensure that, by July 1, 2025, or for an individual hired after January 1, 2025, but before July 1, 2025, by no later than 6 months after the individual's date of hire, each individual who teaches a grade from kindergarten to 3 in the school district or charter school, each individual employed by the school board or charter school as a principal of a school that offers grades kindergarten to 3, and each individual employed by the school board or charter school as a reading specialist has received professional development training that is all of the following:

AB321-ASA1,30,3 1. Lexia Learning Systems, LLC, Language Essentials for Teachers of Reading and Spelling training or another program endorsed by the Center for Effective Reading Instruction as an accredited independent teacher training program.

AB321-ASA1,30,5 2. Offered by the Leadership in Literacy Institute or a provider that meets all of the following requirements:

AB321-ASA1,30,8 a. The provider provides evidence of at least 5 years of experience conducting evidence-aligned, systematic, structured literacy trainings specifically for school principals, administrators, and literacy teams.

AB321-ASA1,30,11 b. The provider demonstrates that the training content is aligned with the National Reading Panel Report and subsequent updates of the research by the Institute of Education Sciences.

AB321-ASA1,30,13 c. The provider requires that training include a substantial focus and understanding on direct instruction.

AB321-ASA1,30,15 d. The provider delivers the training over at least 6 days during the 2023-24 or 2024-25 school year.

AB321-ASA1,30,18 e. The provider provides participants with activities to implement evidence-aligned systems and structures that effectuate change in the school or school district.

AB321-ASA1,30,19 f. The provider delivers training that allows for a minimum of 30 participants.

AB321-ASA1,31,2 (b) The Board of Regents of the University of Wisconsin System shall ensure that, by July 1, 2025, any faculty or academic staff member of the University of Wisconsin System who teaches a course that includes curriculum in reading instruction designed for an individual who intends to apply for a license issued by the department of public instruction to teach a grade from kindergarten to 3, to be a principal, or to be a reading specialist has received the professional development training specified in par. (a) 1. and 2 .

AB321-ASA1,31,3 (3) Model 3rd grade retention policy; rule making.

AB321-ASA1,31,7 (a) Notwithstanding s. 227.135 (2), the department of public instruction is not required to present the statement of scope of the rules required under s. 118.33 (5m) to the department of administration for review by the department of administration and approval by the governor.

AB321-ASA1,31,10 (b) Notwithstanding s. 227.185, the department of public instruction is not required to present the rules required under s. 118.33 (5m) in final draft form to the governor for approval.

AB321-ASA1,31,12 (c) Sections 227.137, 227.139, and 227.19 (5) (b) 3. do not apply to the rules required under s. 118.33 (5m).

AB321-ASA1,31,16 (d) The department of public instruction shall submit in proposed form the rules required under s. 118.33 (5m) to the legislative council staff under s. 227.15 (1) no later than the first day of the 7th month beginning after the effective date of this paragraph.

AB321-ASA1,28 Section 28 . Initial applicability.

AB321-ASA1,31,20 (1) License to teach; literacy requirement. The treatment of s. 118.19 (12) first applies to an application for a license to teach under s. 118.19 received by the department on July 1, 2025.

AB321-ASA1,31,23 (2) School and school district report cards. The treatment of s. 115.385 (1) (e) first applies to the school district and school accountability report published in the 2024-25 school year.

AB321-ASA1,29 Section 29 . Effective dates. This act takes effect on the day after publication, except as follows:

AB321-ASA1,32,1 (1) The repeal of ss. 15.374 (2) and 115.39 takes effect on July 1, 2028.

AB321-ASA1,32,3 (2) The treatment of ss. 115.38 (1) (a), 118.016, 119.44 (2) (bm), and 121.02 (1) (c) 3. takes effect on July 1, 2024.

AB321-ASA1,32,4 (End)