ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 321
June 15, 2023 - Offered by Representative Kitchens.
AB321-ASA1,1,10 1An Act to repeal 15.374 (2) and 115.39; to renumber and amend 118.19 (12);
2to amend 15.01 (6), 115.28 (7) (a), 115.38 (1) (a), 118.015 (title), 118.015 (2),
3118.015 (3) (a), 118.33 (6) (b) 3. and 121.02 (1) (c) 3.; to repeal and recreate
4118.016; and to create 15.374 (2), 15.377 (9), 115.385 (1) (e), 115.39, 118.015
5(1c), 118.015 (1m), 118.015 (5), 118.19 (12) (a) and (b), 118.33 (5m), 118.33 (6)
6(a) 3., 118.33 (6) (b) 2m., 118.33 (6) (c) 3., 118.33 (6) (cr) 3. and 119.44 (2) (bm)
7of the statutes; relating to: reading instruction in public schools and private
8schools participating in parental choice programs, an early literacy assessment
9and intervention program, providing an exemption from rule-making
10procedures, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This substitute amendment differs from 2023 Assembly Bill 321 in the
following respects:
1. Under the substitute amendment, by January 1, 2025, the Department of
Public Instruction must establish a model policy for promoting third grade pupils to

the fourth grade that includes a requirement that a pupil who scores in the lowest
proficiency category on the third grade reading assessment and is promoted to fourth
grade be retained in third grade reading. Under the bill, DPI's model policy for
promoting third grade pupils to the fourth grade must include a requirement that
a pupil who scores in the lowest proficiency category on the third grade reading
assessment be retained in the third grade.
Under the bill, by July 1, 2025, school boards, independent charter schools, and
private schools participating in a parental choice program must adopt written
policies for promoting a third grade pupil to the fourth grade that include all of the
components that are required to be in DPI's model policy. Under the bill, beginning
on September 1, 2028, school boards, independent charter schools, and private
schools participating in a parental choice program are prohibited from promoting a
third grade pupil unless the pupil complies with their respective promotion policy.
Under the substitute amendment this prohibition begins on September 1, 2027.
2. The substitute amendment removes the provision in the bill that requires
a school board, charter school, or private school participating in a parental choice
program that chooses to adopt a new early literacy curriculum on or after January
1, 2024, to adopt an early literacy curriculum recommended by DPI. Additionally,
beginning in the 2024-25 school year, the bill prohibits public schools, including
charter schools, from providing instruction to pupils in grades kindergarten to three
that incorporates three-cueing in the core reading curriculum or in supplemental
materials, including materials used for reading intervention. The substitute
amendment extends this prohibition to private schools participating in a parental
choice program.
3. With regard to the professional development training required under the
bill, the substitute amendment replaces Voyager Sopris with Lexia Learning
Systems, LLC, the current legal name for the entity that publishes Language
Essentials for Teachers of Reading and Spelling (LETRS).
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB321-ASA1,1 1Section 1 . 15.01 (6) of the statutes is amended to read:
AB321-ASA1,3,62 15.01 (6) “Division," “bureau," “section," and “unit" means the subunits of a
3department or an independent agency, whether specifically created by law or created
4by the head of the department or the independent agency for the more economic and
5efficient administration and operation of the programs assigned to the department
6or independent agency. The office of credit unions in the department of financial
7institutions, the office of the inspector general in the department of children and

1families, the office of the inspector general in the department of health services, and
2the office of children's mental health in the department of health services have the
3meaning of “division" under this subsection. The office of the long-term care
4ombudsman under the board on aging and long-term care and the office of
5educational accountability and the office of literacy in the department of public
6instruction have the meaning of “bureau" under this subsection.
AB321-ASA1,2 7Section 2 . 15.374 (2) of the statutes is created to read:
AB321-ASA1,3,138 15.374 (2) Office of literacy. There is created an office of literacy, to be known
9as the Wisconsin Reading Center, in the department of public instruction. The
10director of the office shall be nominated by the state superintendent of public
11instruction after consultation with the council on early literacy curricula, and with
12the advice and consent of the senate appointed, to serve at the pleasure of the state
13superintendent of public instruction.
AB321-ASA1,3 14Section 3 . 15.374 (2) of the statutes, as created by 2023 Wisconsin Act .... (this
15act), is repealed.
AB321-ASA1,4 16Section 4 . 15.377 (9) of the statutes is created to read:
AB321-ASA1,3,2217 15.377 (9) Council on early literacy curricula. (a) There is created in the
18department of public instruction a council on early literacy curricula composed of 9
19members who have knowledge of or experience with science-based early literacy
20instruction, as defined in s. 118.015 (1c) (b), and literacy curricula for pupils in grades
21kindergarten to 3. The members of the council shall be appointed for staggered
223-year terms, as follows:.
AB321-ASA1,3,2323 1. Three members appointed by the speaker of the assembly.
AB321-ASA1,3,2424 2. Three members appointed by the senate majority leader.
AB321-ASA1,3,2525 3. Three members appointed by the state superintendent of public instruction.
AB321-ASA1,4,2
1(b) An individual may not serve as a member of the council under this
2subsection if any of the following applies:
AB321-ASA1,4,43 1. The individual has a financial interest in an entity that develops, sells, or
4markets a product to assess reading ability.
AB321-ASA1,4,65 2. The individual has a financial interest in an entity that develops, sells, or
6markets a product specifically intended to be used to teach reading.
AB321-ASA1,4,87 3. The individual has a financial interest in an entity that develops, sells, or
8markets a product to treat reading difficulties.
AB321-ASA1,4,109 (c) For purposes of par. (b), “financial interest in an entity” includes all of the
10following:
AB321-ASA1,4,1111 1. A direct or indirect ownership interest in the entity.
AB321-ASA1,4,1312 2. Receiving income from the entity during the 12 months preceding the
13consideration for appointment under par. (a).
AB321-ASA1,5 14Section 5 . 115.28 (7) (a) of the statutes is amended to read:
AB321-ASA1,5,715 115.28 (7) (a) License all teachers for the public schools of the state; make rules
16establishing standards of attainment and procedures for the examination and
17licensing of teachers within the limits prescribed in ss. 118.19 (2) and (3), 118.191,
18118.1915, 118.192, 118.193, 118.194, 118.195, and 118.197; prescribe by rule
19standards, requirements, and procedures for the approval of teacher preparatory
20programs leading to licensure, including a requirement that, to be approved by the
21state superintendent, a teacher preparatory program shall demonstrate that it
22provides instruction that prepares teachers to teach reading and language arts using
23science-based early reading instruction, as defined in s. 118.015 (1c) (b), and does not
24provide instruction on teaching reading and language arts that incorporates
253-cueing, as defined in s. 118.015 (1c) (c), and
a requirement that, beginning on July

11, 2012, and annually thereafter, each teacher preparatory program located in this
2state shall submit to the department a list of individuals who have completed the
3program and who have been recommended by the program for licensure under this
4subsection, together with each individual's date of program completion, from each
5term or semester of the program's most recently completed academic year; file in the
6state superintendent's office all papers relating to state teachers' licenses; and
7register each such license.
AB321-ASA1,6 8Section 6 . 115.38 (1) (a) of the statutes is amended to read:
AB321-ASA1,5,139 115.38 (1) (a) Indicators of academic achievement, including the performance
10of pupils on the tests administered under s. 121.02 (1) (r), the performance of pupils
11on assessments required under s. 118.016 (3),
and the performance of pupils, by
12subject area, on the statewide assessment examinations administered under s.
13118.30.
AB321-ASA1,7 14Section 7 . 115.385 (1) (e) of the statutes is created to read:
AB321-ASA1,5,1815 115.385 (1) (e) For a school district other than a union high school district and
16for each school that offers grade 3 in that school district, the number and percentage
17of pupils who scored in the lowest proficiency category on the standardized reading
18test administered under s. 121.02 (1) (r).
AB321-ASA1,8 19Section 8 . 115.39 of the statutes is created to read:
AB321-ASA1,5,20 20115.39 Literacy coaching program. (1) Definitions. In this section:
AB321-ASA1,5,2221 (a) “CESA region” means the geographic territory within the boundaries of a
22cooperative educational service agency.
AB321-ASA1,5,2523 (b) “Eligible school” means any of the following that does not provide
24instruction that incorporates 3-cueing, as defined in s. 118.015 (1c) (c), in the core
25reading curriculum for grades kindergarten to 3:
AB321-ASA1,6,2
11. A public school, including a charter school established under s. 118.40 (2r)
2or (2x).
AB321-ASA1,6,33 2. A private school participating in a program under s. 118.60 or 119.23.
AB321-ASA1,6,44 (c) “Office” means the office of literacy in the department.
AB321-ASA1,6,9 5(2) Literacy coaching program. The office shall establish and supervise an
6early literacy coaching program to improve literacy outcomes in this state. As part
7of the early literacy coaching program established under this subsection, the office
8shall, in consultation with cooperative educational service agencies, do all of the
9following:
AB321-ASA1,6,1410 (a) Contract with individuals who demonstrate knowledge and expertise in
11science-based early literacy instruction and instructional practices, and have
12instructional experience in grades kindergarten to 12 to serve as literacy coaches.
13The office may not contract for more than 64 full-time equivalent positions under
14this paragraph.
AB321-ASA1,6,1715 (b) Provide ongoing training on science-based early literacy instruction and
16instructional practices and supervision to individuals with whom the office contracts
17under par. (a).
AB321-ASA1,6,1918 (c) Prohibit literacy coaches from using or promoting instruction that includes
193-cueing, as defined in s. 118.015 (1c) (c).
AB321-ASA1,6,21 20(3) Participation; schools and school districts. (a) The office shall assign
21one-half of the number of literacy coaches under sub. (2) (a) as follows:
AB321-ASA1,7,222 1. Based on scores of the standardized reading test administered to pupils
23during the prior school year under s. 121.02 (1) (r), the office shall identify the 50
24eligible schools that had the lowest percentage of pupils score as proficient in reading

1at grade level and the 50 eligible schools that had the largest gap in pupils who scored
2as proficient in reading at grade level.
AB321-ASA1,7,73 2. a. Subject to par. (c) and subd. 2. b., from the eligible schools identified under
4subd. 1., the office shall select the eligible schools that the office determines have the
5greatest need for early literacy instructional coaching and shall assign at least one
6but no more than 3 eligible schools selected under this subdivision to each full-time
7equivalent literacy coach.
AB321-ASA1,7,108 b. From the eligible schools identified under subd. 1., the office shall select at
9least two eligible schools that are private schools participating in a program under
10s. 118.60 or 119.23.
AB321-ASA1,7,1511 (b) The office shall assign one-half of the number of literacy coaches under sub.
12(2) (a), in consultation with cooperative educational service agencies, to eligible
13schools that request early literacy support. The office shall assign literacy coaches
14under this paragraph in a manner that allocates the literacy coaches evenly across
15CESA regions.
AB321-ASA1,7,1816 (c) 1. The total number of full-time equivalent literacy coaches assigned under
17pars. (a) and (b) to eligible schools located within the geographical boundaries of a
18school district may not exceed the following:
AB321-ASA1,7,1919 a. For a first class city school district, 10.
AB321-ASA1,7,2020 b. For a school district other than a first class city school district, 4.
AB321-ASA1,7,2321 2. The total number of full-time equivalent literacy coaches assigned under
22pars. (a) and (b) to eligible schools located within a CESA region may not be fewer
23than 3.
AB321-ASA1,8,624 (d) The office shall ensure that a school assigned a literacy coach under par. (a)
25or (b) does not request or require that the literacy coach perform duties outside the

1individual's role as a literacy coach. For purposes of this paragraph, the role of a
2literacy coach is to provide support to administrators, school-based literacy coaches,
3principals, and teachers to build teacher and school capacity to teach reading and
4language arts using science-based early reading instruction, as defined in s. 118.015
5(1c) (b), in order to increase the percentage of pupils who are reading at grade level
6by the end of grade 3.
AB321-ASA1,8,9 7(4) Report. By October 15, 2024, and by each October 15 thereafter, the office
8shall submit a report to the joint committee on finance that includes at least all of
9the following for the previous school year:
AB321-ASA1,8,1110 (a) The number of literacy coaches assigned to schools under sub. (3) (a) and
11(b).
AB321-ASA1,8,1312 (b) The number of schools that were assigned a literacy coach under sub. (3) (a)
13and the number of schools that were assigned a literacy coach under sub. (3) (b).
AB321-ASA1,8,1514 (c) The number of contracts that the office entered into under sub. (2) (a) and
15the number of contracts under sub. (2) (a) that were terminated.
AB321-ASA1,8,1616 (d) The number of requests submitted for a literacy coach under sub. (3) (b).
AB321-ASA1,8,1917 (e) The results of the standardized reading test administered under s. 121.02
18(1) (r) and assessments under s. 118.016 in schools that were assigned a literacy
19coach under sub. (3) (a) or (b).
AB321-ASA1,8,2020 (f) A description of the training provided under sub. (2) (b).
AB321-ASA1,8,2321 (g) For the 2023-24 and 2024-25 school years, the number of individuals who
22completed the mandatory professional development training under 2023 Wisconsin
23Act .... (this act), section 27 (2).
AB321-ASA1,9 24Section 9 . 115.39 of the statutes, as created by 2023 Wisconsin Act .... (this
25act), is repealed.
AB321-ASA1,10
1Section 10. 118.015 (title) of the statutes is amended to read:
AB321-ASA1,9,3 2118.015 (title) Reading instruction ; early literacy curricula and
3instructional materials
.
AB321-ASA1,11 4Section 11 . 118.015 (1c) of the statutes is created to read:
AB321-ASA1,9,55 118.015 (1c) Definitions. In this section:
AB321-ASA1,9,86 (a) “Phonics” means the study of the relationships between sounds and words;
7this includes alphabetic principle, decoding, orthographic knowledge, encoding, and
8fluency.
AB321-ASA1,9,109 (b) “Science-based early reading instruction” means instruction that is
10systematic and explicit and consists of at least all of the following:
AB321-ASA1,9,1311 1. Phonological awareness, including word awareness, rhyme recognition,
12repetition and creation of alliteration, syllable counting or identification, onset, and
13rime manipulation.
AB321-ASA1,9,1514 2. Phonemic awareness, including phoneme identification, isolation, blending,
15segmentation, addition, substitution, and deletion.
AB321-ASA1,9,1616 3. Phonics.
AB321-ASA1,9,1717 4. Building background knowledge.
AB321-ASA1,9,1818 5. Oral language development.
AB321-ASA1,9,1919 6. Vocabulary building to develop lexical and morphological knowledge.
AB321-ASA1,9,2020 7. Instruction in writing.
AB321-ASA1,9,2121 8. Instruction in comprehension.
AB321-ASA1,9,2222 9. Reading fluency.
AB321-ASA1,9,2523 (c) “Three-cueing” means any model, including the model referred to as
24meaning, structure, and visual cues, or MSV, of teaching a pupil to read based on
25meaning, structure and syntax, and visual cues or memory.
AB321-ASA1,12
1Section 12. 118.015 (1m) of the statutes is created to read:
AB321-ASA1,10,72 118.015 (1m) Early literacy curricula and instructional materials. (a)
3Beginning in the 2023-24 school year and annually thereafter, the council on early
4literacy curricula shall recommend to the department early literacy curricula and
5instructional materials for use in the following school year in grades kindergarten
6to 3. The council on early literacy curricula may recommend only early literacy
7curricula and instructional materials that satisfy the following criteria:
AB321-ASA1,10,98 1. The curricula and instructional materials include all of the components of
9science-based early reading instruction.
AB321-ASA1,10,1010 2. The curricula and instructional materials do not include 3-cueing.
AB321-ASA1,10,2511 (b) 1. By no later than 30 days after the department receives recommendations
12under par. (a), the department shall submit to the joint committee on finance
13proposed recommendations on early literacy curricula and instructional materials
14that satisfy the criteria under par. (a) 1. and 2. for use in the following school year.
15If the cochairpersons of the joint committee on finance do not notify the department
16within 14 working days after the date of the submittal of the proposed
17recommendations that the committee has scheduled a meeting to review the
18proposed recommendations, the department shall adopt the proposed
19recommendations for use in the following school year. If, within 14 working days
20after the date of the submittal of the proposed recommendations, the cochairpersons
21of the committee notify the department that the committee has scheduled a meeting
22to review the proposed recommendations, the department may not adopt the
23proposed recommendations unless the committee approves or modifies the proposed
24recommendations. If the committee modifies the plan, the department may adopt
25the recommendations only as modified by the committee.
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