Amendment ASA1-AB321

2023 - 2024 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 321

June 15, 2023 - Offered by Representative Kitchens.

AB321-ASA1,1,10 An Act to repeal 15.374 (2) and 115.39; to renumber and amend 118.19 (12); to amend 15.01 (6), 115.28 (7) (a), 115.38 (1) (a), 118.015 (title), 118.015 (2), 118.015 (3) (a), 118.33 (6) (b) 3. and 121.02 (1) (c) 3.; to repeal and recreate 118.016; and to create 15.374 (2), 15.377 (9), 115.385 (1) (e), 115.39, 118.015 (1c), 118.015 (1m), 118.015 (5), 118.19 (12) (a) and (b), 118.33 (5m), 118.33 (6) (a) 3., 118.33 (6) (b) 2m., 118.33 (6) (c) 3., 118.33 (6) (cr) 3. and 119.44 (2) (bm) of the statutes; relating to: reading instruction in public schools and private schools participating in parental choice programs, an early literacy assessment and intervention program, providing an exemption from rule-making procedures, 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 Section 1 . 15.01 (6) of the statutes is amended to read:

AB321-ASA1,3,6 15.01 (6) “Division," “bureau," “section," and “unit" means the subunits of a department or an independent agency, whether specifically created by law or created by the head of the department or the independent agency for the more economic and efficient administration and operation of the programs assigned to the department or independent agency. The office of credit unions in the department of financial institutions, the office of the inspector general in the department of children and families, the office of the inspector general in the department of health services, and the office of children's mental health in the department of health services have the meaning of “division" under this subsection. The office of the long-term care ombudsman under the board on aging and long-term care and the office of educational accountability and the office of literacy in the department of public instruction have the meaning of “bureau" under this subsection.

AB321-ASA1,2 Section 2 . 15.374 (2) of the statutes is created to read:

AB321-ASA1,3,13 15.374 (2) Office of literacy. There is created an office of literacy, to be known as the Wisconsin Reading Center, in the department of public instruction. The director of the office shall be nominated by the state superintendent of public instruction after consultation with the council on early literacy curricula, and with the advice and consent of the senate appointed, to serve at the pleasure of the state superintendent of public instruction.

AB321-ASA1,3 Section 3 . 15.374 (2) of the statutes, as created by 2023 Wisconsin Act .... (this act), is repealed.

AB321-ASA1,4 Section 4 . 15.377 (9) of the statutes is created to read:

AB321-ASA1,3,22 15.377 (9) Council on early literacy curricula. (a) There is created in the department of public instruction a council on early literacy curricula composed of 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. The members of the council shall be appointed for staggered 3-year terms, as follows:.

AB321-ASA1,3,23 1. Three members appointed by the speaker of the assembly.

AB321-ASA1,3,24 2. Three members appointed by the senate majority leader.

AB321-ASA1,3,25 3. Three members appointed by the state superintendent of public instruction.

AB321-ASA1,4,2 (b) An individual may not serve as a member of the council under this subsection if any of the following applies:

AB321-ASA1,4,4 1. The individual has a financial interest in an entity that develops, sells, or markets a product to assess reading ability.

AB321-ASA1,4,6 2. The individual has a financial interest in an entity that develops, sells, or markets a product specifically intended to be used to teach reading.

AB321-ASA1,4,8 3. The individual has a financial interest in an entity that develops, sells, or markets a product to treat reading difficulties.

AB321-ASA1,4,10 (c) For purposes of par. (b), “financial interest in an entity” includes all of the following:

AB321-ASA1,4,11 1. A direct or indirect ownership interest in the entity.

AB321-ASA1,4,13 2. Receiving income from the entity during the 12 months preceding the consideration for appointment under par. (a).

AB321-ASA1,5 Section 5 . 115.28 (7) (a) of the statutes is amended to read:

AB321-ASA1,5,7 115.28 (7) (a) License all teachers for the public schools of the state; make rules establishing standards of attainment and procedures for the examination and licensing of teachers within the limits prescribed in ss. 118.19 (2) and (3), 118.191, 118.1915, 118.192, 118.193, 118.194, 118.195, and 118.197; prescribe by rule standards, requirements, and procedures for the approval of teacher preparatory programs leading to licensure, including a requirement that, to be approved by the state superintendent, a teacher preparatory program shall demonstrate that it provides instruction that prepares teachers to teach reading and language arts using science-based early reading instruction, as defined in s. 118.015 (1c) (b), and does not provide instruction on teaching reading and language arts that incorporates 3-cueing, as defined in s. 118.015 (1c) (c), and a requirement that, beginning on July 1, 2012, and annually thereafter, each teacher preparatory program located in this state shall submit to the department a list of individuals who have completed the program and who have been recommended by the program for licensure under this subsection, together with each individual's date of program completion, from each term or semester of the program's most recently completed academic year; file in the state superintendent's office all papers relating to state teachers' licenses; and register each such license.

AB321-ASA1,6 Section 6 . 115.38 (1) (a) of the statutes is amended to read:

AB321-ASA1,5,13 115.38 (1) (a) Indicators of academic achievement, including the performance of pupils on the tests administered under s. 121.02 (1) (r), the performance of pupils on assessments required under s. 118.016 (3), and the performance of pupils, by subject area, on the statewide assessment examinations administered under s. 118.30.

AB321-ASA1,7 Section 7 . 115.385 (1) (e) of the statutes is created to read:

AB321-ASA1,5,18 115.385 (1) (e) For a school district other than a union high school district and for each school that offers grade 3 in that school district, the number and percentage of pupils who scored in the lowest proficiency category on the standardized reading test administered under s. 121.02 (1) (r).

AB321-ASA1,8 Section 8 . 115.39 of the statutes is created to read:

AB321-ASA1,5,20 115.39 Literacy coaching program. (1) Definitions. In this section:

AB321-ASA1,5,22 (a) “CESA region” means the geographic territory within the boundaries of a cooperative educational service agency.

AB321-ASA1,5,25 (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:

AB321-ASA1,6,2 1. A public school, including a charter school established under s. 118.40 (2r) or (2x).

AB321-ASA1,6,3 2. A private school participating in a program under s. 118.60 or 119.23.

AB321-ASA1,6,4 (c) “Office” means the office of literacy in the department.

AB321-ASA1,6,9 (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:

AB321-ASA1,6,14 (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.

AB321-ASA1,6,17 (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).

AB321-ASA1,6,19 (c) Prohibit literacy coaches from using or promoting instruction that includes 3-cueing, as defined in s. 118.015 (1c) (c).

AB321-ASA1,6,21 (3) Participation; schools and school districts. (a) The office shall assign one-half of the number of literacy coaches under sub. (2) (a) as follows:

AB321-ASA1,7,2 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.

AB321-ASA1,7,7 2. 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.

AB321-ASA1,7,10 b. From the eligible schools identified under subd. 1., the office shall select at least two eligible schools that are private schools participating in a program under s. 118.60 or 119.23.

AB321-ASA1,7,15 (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.

AB321-ASA1,7,18 (c) 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:

AB321-ASA1,7,19 a. For a first class city school district, 10.

AB321-ASA1,7,20 b. For a school district other than a first class city school district, 4.

AB321-ASA1,7,23 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.

AB321-ASA1,8,6 (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.

AB321-ASA1,8,9 (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:

AB321-ASA1,8,11 (a) The number of literacy coaches assigned to schools under sub. (3) (a) and (b).

AB321-ASA1,8,13 (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).

AB321-ASA1,8,15 (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.

AB321-ASA1,8,16 (d) The number of requests submitted for a literacy coach under sub. (3) (b).

AB321-ASA1,8,19 (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).

AB321-ASA1,8,20 (f) A description of the training provided under sub. (2) (b).

AB321-ASA1,8,23 (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 .... (this act), section 27 (2).

AB321-ASA1,9 Section 9 . 115.39 of the statutes, as created by 2023 Wisconsin Act .... (this act), is repealed.

AB321-ASA1,10 Section 10. 118.015 (title) of the statutes is amended to read:

AB321-ASA1,9,3 118.015 (title) Reading instruction ; early literacy curricula and instructional materials.

AB321-ASA1,11 Section 11 . 118.015 (1c) of the statutes is created to read:

AB321-ASA1,9,5 118.015 (1c) Definitions. In this section:

AB321-ASA1,9,8 (a) “Phonics” means the study of the relationships between sounds and words; this includes alphabetic principle, decoding, orthographic knowledge, encoding, and fluency.

AB321-ASA1,9,10 (b) “Science-based early reading instruction” means instruction that is systematic and explicit and consists of at least all of the following:

AB321-ASA1,9,13 1. Phonological awareness, including word awareness, rhyme recognition, repetition and creation of alliteration, syllable counting or identification, onset, and rime manipulation.

AB321-ASA1,9,15 2. Phonemic awareness, including phoneme identification, isolation, blending, segmentation, addition, substitution, and deletion.

AB321-ASA1,9,16 3. Phonics.

AB321-ASA1,9,17 4. Building background knowledge.

AB321-ASA1,9,18 5. Oral language development.

AB321-ASA1,9,19 6. Vocabulary building to develop lexical and morphological knowledge.

AB321-ASA1,9,20 7. Instruction in writing.

AB321-ASA1,9,21 8. Instruction in comprehension.

AB321-ASA1,9,22 9. Reading fluency.

AB321-ASA1,9,25 (c) “Three-cueing” means any model, including the model referred to as meaning, structure, and visual cues, or MSV, of teaching a pupil to read based on meaning, structure and syntax, and visual cues or memory.

AB321-ASA1,12 Section 12. 118.015 (1m) of the statutes is created to read:

AB321-ASA1,10,7 118.015 (1m) Early literacy curricula and instructional materials. (a) Beginning in the 2023-24 school year and annually thereafter, the council on early literacy curricula shall recommend to the department early literacy curricula and instructional materials for use in the following school year in grades kindergarten to 3. The council on early literacy curricula may recommend only early literacy curricula and instructional materials that satisfy the following criteria: