FFK:skw/emw/wlj

2023 - 2024 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 329

June 23, 2023 - Offered by Senator Stroebel.

SB329-SSA1,1,10 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:

SB329-SSA1,1 Section 1 . 15.01 (6) of the statutes is amended to read:

SB329-SSA1,3,6 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.

SB329-SSA1,2 Section 2 . 15.374 (2) of the statutes is created to read:

SB329-SSA1,3,13 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.

SB329-SSA1,3 Section 3 . 15.374 (2) of the statutes, as created by 2023 Wisconsin Act .... (this act), is repealed.

SB329-SSA1,4 Section 4 . 15.377 (9) of the statutes is created to read:

SB329-SSA1,3,22 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:.

SB329-SSA1,3,23 1. Three members appointed by the speaker of the assembly.