Enforcement
The bill allows the parent or guardian of a pupil enrolled in four-year-old
kindergarten to third grade in a school district or independent charter school to file
a complaint with DPI if the parent or guardian believes that the school board or
independent charter school operator is not in compliance with requirements in the
bill. Under the bill, DPI must issue a determination on whether the school board or
independent charter school is in compliance and, if the school board or independent
charter school is not in compliance, describe the actions that must be taken for the
school board or independent charter school to be in compliance with the applicable
requirements. If a school board or independent charter school continues to fail to
comply with the requirements in the bill, the bill allows an individual who filed a
complaint with DPI to bring an action in circuit court to compel the school board or
independent charter school to comply with the requirements created in the bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB321,1 1Section 1. 15.01 (6) of the statutes is amended to read:
AB321,9,12
115.01 (6) “Division," “bureau," “section," and “unit" means the subunits of a
2department or an independent agency, whether specifically created by law or created
3by the head of the department or the independent agency for the more economic and
4efficient administration and operation of the programs assigned to the department
5or independent agency. The office of credit unions in the department of financial
6institutions, the office of the inspector general in the department of children and
7families, the office of the inspector general in the department of health services, and
8the office of children's mental health in the department of health services have the
9meaning of “division" under this subsection. The office of the long-term care
10ombudsman under the board on aging and long-term care and the office of
11educational accountability and the office of literacy in the department of public
12instruction have the meaning of “bureau" under this subsection.
AB321,2 13Section 2 . 15.374 (2) of the statutes is created to read:
AB321,9,1914 15.374 (2) Office of literacy. There is created an office of literacy, to be known
15as the Wisconsin Reading Center, in the department of public instruction. The
16director of the office shall be nominated by the state superintendent of public
17instruction after consultation with the council on early literacy curricula, and with
18the advice and consent of the senate appointed, to serve at the pleasure of the state
19superintendent of public instruction.
AB321,3 20Section 3. 15.374 (2) of the statutes, as created by 2023 Wisconsin Act .... (this
21act), is repealed.
AB321,4 22Section 4 . 15.377 (9) of the statutes is created to read:
AB321,9,2523 15.377 (9) Council on early literacy curricula. (a) There is created in the
24department of public instruction a council on early literacy curricula composed of 9
25members who have knowledge of or experience with science-based early literacy

1instruction, as defined in s. 118.015 (1c) (b), and literacy curricula for pupils in grades
2kindergarten to 3. The members of the council shall be appointed for staggered
33-year terms, as follows:.
AB321,10,44 1. Three members appointed by the speaker of the assembly.
AB321,10,55 2. Three members appointed by the senate majority leader.
AB321,10,66 3. Three members appointed by the state superintendent of public instruction.
AB321,10,87 (b) An individual may not serve as a member of the council under this
8subsection if any of the following applies:
AB321,10,109 1. The individual has a financial interest in an entity that develops, sells, or
10markets a product to assess reading ability.
AB321,10,1211 2. The individual has a financial interest in an entity that develops, sells, or
12markets a product specifically intended to be used to teach reading.
AB321,10,1413 3. The individual has a financial interest in an entity that develops, sells, or
14markets a product to treat reading difficulties.
AB321,10,1615 (c) For purposes of par. (b), “financial interest in an entity” includes all of the
16following:
AB321,10,1717 1. A direct or indirect ownership interest in the entity.
AB321,10,1918 2. Receiving income from the entity during the 12 months preceding the
19consideration for appointment under par. (a).
AB321,5 20Section 5. 115.28 (7) (a) of the statutes is amended to read:
AB321,11,1321 115.28 (7) (a) License all teachers for the public schools of the state; make rules
22establishing standards of attainment and procedures for the examination and
23licensing of teachers within the limits prescribed in ss. 118.19 (2) and (3), 118.191,
24118.1915, 118.192, 118.193, 118.194, 118.195, and 118.197; prescribe by rule
25standards, requirements, and procedures for the approval of teacher preparatory

1programs leading to licensure, including a requirement that, to be approved by the
2state superintendent, a teacher preparatory program shall demonstrate that it
3provides instruction that prepares teachers to teach reading and language arts using
4science-based early reading instruction, as defined in s. 118.015 (1c) (b), and does not
5provide instruction on teaching reading and language arts that incorporates
63-cueing, as defined in s. 118.015 (1c) (c), and
a requirement that, beginning on July
71, 2012, and annually thereafter, each teacher preparatory program located in this
8state shall submit to the department a list of individuals who have completed the
9program and who have been recommended by the program for licensure under this
10subsection, together with each individual's date of program completion, from each
11term or semester of the program's most recently completed academic year; file in the
12state superintendent's office all papers relating to state teachers' licenses; and
13register each such license.
AB321,6 14Section 6 . 115.38 (1) (a) of the statutes is amended to read:
AB321,11,1915 115.38 (1) (a) Indicators of academic achievement, including the performance
16of pupils on the tests administered under s. 121.02 (1) (r), the performance of pupils
17on assessments required under s. 118.016 (3),
and the performance of pupils, by
18subject area, on the statewide assessment examinations administered under s.
19118.30.
AB321,7 20Section 7. 115.385 (1) (e) of the statutes is created to read:
AB321,11,2421 115.385 (1) (e) For a school district other than a union high school district and
22for each school that offers grade 3 in that school district, the number and percentage
23of pupils who scored in the lowest proficiency category on the standardized reading
24test administered under s. 121.02 (1) (r).
AB321,8 25Section 8. 115.39 of the statutes is created to read:
AB321,12,1
1115.39 Literacy coaching program. (1) Definitions. In this section:
AB321,12,32 (a) “CESA region” means the geographic territory within the boundaries of a
3cooperative educational service agency.
AB321,12,64 (b) “Eligible school” means any of the following that does not provide
5instruction that incorporates 3-cueing, as defined in s. 118.015 (1c) (c), in the core
6reading curriculum for grades kindergarten to 3:
AB321,12,87 1. A public school, including a charter school established under s. 118.40 (2r)
8or (2x).
AB321,12,99 2. A private school participating in a program under s. 118.60 or 119.23.
AB321,12,1010 (c) “Office” means the office of literacy in the department.
AB321,12,15 11(2) Literacy coaching program. The office shall establish and supervise an
12early literacy coaching program to improve literacy outcomes in this state. As part
13of the early literacy coaching program established under this subsection, the office
14shall, in consultation with cooperative educational service agencies, do all of the
15following:
AB321,12,2016 (a) Contract with individuals who demonstrate knowledge and expertise in
17science-based early literacy instruction and instructional practices, and have
18instructional experience in grades kindergarten to 12 to serve as literacy coaches.
19The office may not contract for more than 64 full-time equivalent positions under
20this paragraph.
AB321,12,2321 (b) Provide ongoing training on science-based early literacy instruction and
22instructional practices and supervision to individuals with whom the office contracts
23under par. (a).
AB321,12,2524 (c) Prohibit literacy coaches from using or promoting instruction that includes
253-cueing, as defined in s. 118.015 (1c) (c).
AB321,13,2
1(3) Participation; schools and school districts. (a) The office shall assign
2one-half of the number of literacy coaches under sub. (2) (a) as follows:
AB321,13,73 1. Based on scores of the standardized reading test administered to pupils
4during the prior school year under s. 121.02 (1) (r), the office shall identify the 50
5eligible schools that had the lowest percentage of pupils score as proficient in reading
6at grade level and the 50 eligible schools that had the largest gap in pupils who scored
7as proficient in reading at grade level.
AB321,13,128 2. a. Subject to par. (c) and subd. 2. b., from the eligible schools identified under
9subd. 1., the office shall select the eligible schools that the office determines have the
10greatest need for early literacy instructional coaching and shall assign at least one
11but no more than 3 eligible schools selected under this subdivision to each full-time
12equivalent literacy coach.
AB321,13,1513 b. From the eligible schools identified under subd. 1., the office shall select at
14least two eligible schools that are private schools participating in a program under
15s. 118.60 or 119.23.
AB321,13,2016 (b) The office shall assign one-half of the number of literacy coaches under sub.
17(2) (a), in consultation with cooperative educational service agencies, to eligible
18schools that request early literacy support. The office shall assign literacy coaches
19under this paragraph in a manner that allocates the literacy coaches evenly across
20CESA regions.
AB321,13,2321 (c) 1. The total number of full-time equivalent literacy coaches assigned under
22pars. (a) and (b) to eligible schools located within the geographical boundaries of a
23school district may not exceed the following:
AB321,13,2424 a. For a first class city school district, 10.
AB321,13,2525 b. For a school district other than a first class city school district, 4.
AB321,14,3
12. The total number of full-time equivalent literacy coaches assigned under
2pars. (a) and (b) to eligible schools located within a CESA region may not be fewer
3than 3.
AB321,14,114 (d) The office shall ensure that a school assigned a literacy coach under par. (a)
5or (b) does not request or require that the literacy coach perform duties outside the
6individual's role as a literacy coach. For purposes of this paragraph, the role of a
7literacy coach is to provide support to administrators, school-based literacy coaches,
8principals, and teachers to build teacher and school capacity to teach reading and
9language arts using science-based early reading instruction, as defined in s. 118.015
10(1c) (b), in order to increase the percentage of pupils who are reading at grade level
11by the end of grade 3.
AB321,14,14 12(4) Report. By October 15, 2024, and by each October 15 thereafter, the office
13shall submit a report to the joint committee on finance that includes at least all of
14the following for the previous school year:
AB321,14,1615 (a) The number of literacy coaches assigned to schools under sub. (3) (a) and
16(b).
AB321,14,1817 (b) The number of schools that were assigned a literacy coach under sub. (3) (a)
18and the number of schools that were assigned a literacy coach under sub. (3) (b).
AB321,14,2019 (c) The number of contracts that the office entered into under sub. (2) (a) and
20the number of contracts under sub. (2) (a) that were terminated.
AB321,14,2121 (d) The number of requests submitted for a literacy coach under sub. (3) (b).
AB321,14,2422 (e) The results of the standardized reading test administered under s. 121.02
23(1) (r) and assessments under s. 118.016 in schools that were assigned a literacy
24coach under sub. (3) (a) or (b).
AB321,14,2525 (f) A description of the training provided under sub. (2) (b).
AB321,15,3
1(g) For the 2023-24 and 2024-25 school years, the number of individuals who
2completed the mandatory professional development training under 2023 Wisconsin
3Act .... (this act), section 27 (2).
AB321,9 4Section 9. 115.39 of the statutes, as created by 2023 Wisconsin Act .... (this
5act), is repealed.
AB321,10 6Section 10 . 118.015 (title) of the statutes is amended to read:
AB321,15,8 7118.015 (title) Reading instruction ; early literacy curricula and
8instructional materials
.
AB321,11 9Section 11 . 118.015 (1c) of the statutes is created to read:
AB321,15,1010 118.015 (1c) Definitions. In this section:
AB321,15,1311 (a) “Phonics” means the study of the relationships between sounds and words;
12this includes alphabetic principle, decoding, orthographic knowledge, encoding, and
13fluency.
AB321,15,1514 (b) “Science-based early reading instruction” means instruction that is
15systematic and explicit and consists of at least all of the following:
AB321,15,1816 1. Phonological awareness, including word awareness, rhyme recognition,
17repetition and creation of alliteration, syllable counting or identification, onset, and
18rime manipulation.
AB321,15,2019 2. Phonemic awareness, including phoneme identification, isolation, blending,
20segmentation, addition, substitution, and deletion.
AB321,15,2121 3. Phonics.
AB321,15,2222 4. Building background knowledge.
AB321,15,2323 5. Oral language development.
AB321,15,2424 6. Vocabulary building to develop lexical and morphological knowledge.
AB321,15,2525 7. Instruction in writing.
AB321,16,1
18. Instruction in comprehension.
AB321,16,22 9. Reading fluency.
AB321,16,53 (c) “Three-cueing” means any model, including the model referred to as
4meaning, structure, and visual cues, or MSV, of teaching a pupil to read based on
5meaning, structure and syntax, and visual cues or memory.
AB321,12 6Section 12 . 118.015 (1m) of the statutes is created to read:
AB321,16,127 118.015 (1m) Early literacy curricula and instructional materials. (a)
8Beginning in the 2023-24 school year and annually thereafter, the council on early
9literacy curricula shall recommend to the department early literacy curricula and
10instructional materials for use in the following school year in grades kindergarten
11to 3. The council on early literacy curricula may recommend only early literacy
12curricula and instructional materials that satisfy the following criteria:
AB321,16,1413 1. The curricula and instructional materials include all of the components of
14science-based early reading instruction.
AB321,16,1515 2. The curricula and instructional materials do not include 3-cueing.
AB321,17,516 (b) 1. By no later than 30 days after the department receives recommendations
17under par. (a), the department shall submit to the joint committee on finance
18proposed recommendations on early literacy curricula and instructional materials
19that satisfy the criteria under par. (a) 1. and 2. for use in the following school year.
20If the cochairpersons of the joint committee on finance do not notify the department
21within 14 working days after the date of the submittal of the proposed
22recommendations that the committee has scheduled a meeting to review the
23proposed recommendations, the department shall adopt the proposed
24recommendations for use in the following school year. If, within 14 working days
25after the date of the submittal of the proposed recommendations, the cochairpersons

1of the committee notify the department that the committee has scheduled a meeting
2to review the proposed recommendations, the department may not adopt the
3proposed recommendations unless the committee approves or modifies the proposed
4recommendations. If the committee modifies the plan, the department may adopt
5the recommendations only as modified by the committee.
AB321,17,86 2. The department shall maintain on its website a current list of the early
7literacy curricula and instructional materials recommendations adopted under this
8paragraph.
AB321,17,139 (c) 1. Beginning on January 1, 2024, if a school board, operator of a charter
10school, or governing body of a private school participating in a program under s.
11118.60 or 119.23 adopts a new literacy curriculum for use in grades kindergarten to
123, the school board, operator, or governing body shall adopt a literacy curriculum
13from the recommendations adopted under par. (b).
AB321,17,2214 2. The department shall award grants to reimburse school boards, operators
15of charter schools, and governing bodies of private schools participating in a program
16under s. 118.60 or 119.23 that adopt a literacy curriculum from the recommendations
17adopted under par. (b) after January 1, 2024. A grant under this subdivision shall
18be an amount equal to one-half of the costs of purchasing the literacy curriculum and
19instructional materials adopted from the recommendations adopted under par. (b).
20If the amount appropriated for this purpose is insufficient to pay the full amount to
21all grant recipients under this subdivision, the department shall prorate the grant
22awards among all grant recipients.
AB321,18,223 (d) Beginning on the effective date of this paragraph .... [LRB inserts date], no
24school board, operator of an independent charter school, or governing body of a

1private school participating in a program under s. 118.60 or 119.23 may purchase
2curricula or instructional materials that include 3-cueing.
AB321,13 3Section 13. 118.015 (2) of the statutes is amended to read:
AB321,18,94 118.015 (2) Employment of reading specialists. Each school district shall
5employ a reading specialist certified by the department to develop and coordinate a
6comprehensive reading curriculum in grades kindergarten to 12. At the discretion
7of the state superintendent, a school district may contract with other school districts
8or cooperative educational service agencies to employ a certified reading specialist
9on a cooperative basis.
AB321,14 10Section 14. 118.015 (3) (a) of the statutes is amended to read:
AB321,18,1211 118.015 (3) (a) Develop and implement Implement a reading curriculum in
12grades kindergarten to 12.
AB321,15 13Section 15. 118.015 (5) of the statutes is created to read:
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