Chapter 118

Ch. 118 Cross-reference Cross-reference: See definitions in s. 115.001.

118.001 118.001 Duties and powers of school boards; construction of statutes. The statutory duties and powers of school boards shall be broadly construed to authorize any school board action that is within the comprehensive meaning of the terms of the duties and powers, if the action is not prohibited by the laws of the federal government or of this state.

118.001 History History: 1995 a. 27.

118.001 Annotation This section expresses the legislature’s intent to give school boards broader powers and wide discretion in exercising those powers, but it does not mean that, when the legislature had previously authorized a board to take particular actions using specified procedures, the board has the authority to follow other procedures in taking those particular actions. Madison Metropolitan School District v. Burmaster, 2006 WI App 17, 288 Wis. 2d 771, 709 N.W.2d 73, 05-0875.

118.001 Annotation The duties and powers under this section and ss. 120.12 (14) and 120.13 extend to individual teachers as employees of the school board. It would be absurd to require teachers to obtain special permission from the school board with respect to every detail of their teaching. Summer homework, particularly for an honors class for which students receive additional credit, fits comfortably within the range of what is reasonable and is not unconstitutional. Larson v. Burmaster, 2006 WI App 142, 295 Wis. 2d 333, 720 N.W.2d 134, 05-1433.

118.001 Annotation Together, this section and ss. 120.12 (1) and 120.13 provide that a school board has the power to do all things reasonable to promote the cause of education and the duty to care for, control, and manage the property and affairs of the school district, and courts are required to broadly construe such already broad powers and duties so as to authorize any school board action that is within the comprehensive meaning of the terms of such powers and duties, so long as the action is not prohibited by state or federal laws. The powers of a school board include the power to authorize a ban from district property of an individual whose presence on district property the board has determined would unnecessarily expose students to potentially dangerous behavior. Klosterman v. School District, 2022 WI App 54, 404 Wis. 2d 688, 981 N.W.2d 424, 20-2076.

118.01 118.01 Educational goals and expectations.

118.01(1) (1) Purpose. Public education is a fundamental responsibility of the state. The constitution vests in the state superintendent the supervision of public instruction and directs the legislature to provide for the establishment of district schools. The effective operation of the public schools is dependent upon a common understanding of what public schools should be and do. Establishing such goals and expectations is a necessary and proper complement to the state’s financial contribution to education. Each school board should provide curriculum, course requirements and instruction consistent with the goals and expectations established under sub. (2). Parents and guardians of pupils enrolled in the school district share with the state and school board the responsibility for pupils meeting the goals and expectations under sub. (2).

118.01(2) (2) Educational goals.

118.01(2)(a) (a) Academic skills and knowledge. Since the development of academic skills and knowledge is the most important goal for schools, each school board shall provide an instructional program designed to give pupils:

118.01(2)(a)1. 1. Basic skills, including the ability to read, write, spell, perform basic arithmetical calculations, learn by reading and listening and communicate by writing and speaking.

118.01(2)(a)2. 2. Analytical skills, including the ability to think rationally, solve problems, use various learning methods, gather and analyze information, make critical and independent judgments and argue persuasively.

118.01(2)(a)3. 3. A basic body of knowledge that includes information and concepts in literature, fine arts, mathematics, natural sciences, including knowledge of the elements of agriculture and the conservation of natural resources, and social sciences, including knowledge of the rights and responsibilities of the family as a consumer, cooperative marketing and consumers’ cooperatives.

118.01(2)(a)4. 4. The skills and attitudes that will further lifelong intellectual activity and learning.

118.01(2)(a)5. 5. Knowledge in computer science, including problem solving, computer applications and the social impact of computers.

118.01(2)(b) (b) Vocational skills. Each school board shall provide an instructional program designed to give pupils:

118.01(2)(b)1. 1. An understanding of the range and nature of available occupations and the required skills and abilities.

118.01(2)(b)2. 2. Preparation to compete for entry level jobs not requiring postsecondary school education.

118.01(2)(b)3. 3. Preparation to enter job-specific vocational training programs.

118.01(2)(b)4. 4. Positive work attitudes and habits.

118.01(2)(c) (c) Citizenship. Each school board shall provide an instructional program designed to give pupils:

118.01(2)(c)1. 1. An understanding of the basic workings of all levels of government, including the duties and responsibilities of citizenship.

118.01(2)(c)2. 2. A commitment to the basic values of our government, including by appropriate instruction and ceremony the proper reverence and respect for and the history and meaning of the American flag, the Declaration of Independence, the U.S. constitution and the constitution and laws of this state.

118.01(2)(c)3. 3. The skills to participate in political life.

118.01(2)(c)4. 4. An understanding of the function of organizations in society.

118.01(2)(c)5. 5. Knowledge of the role and importance of biological and physical resources.

118.01(2)(c)6. 6. Knowledge of state, national and world history.

118.01(2)(c)7. 7. An appreciation and understanding of different value systems and cultures.

118.01(2)(c)8. 8. At all grade levels, an understanding of human relations, particularly with regard to American Indians, Black Americans, Hispanics, Hmong Americans, and Asian Americans.

118.01(2)(d) (d) Personal development. Each school board shall provide an instructional program designed to give pupils:

118.01(2)(d)1. 1. The skills needed to cope with social change.

118.01(2)(d)2. 2. Knowledge of the human body and the means to maintain lifelong health, including:

118.01(2)(d)2.a. a. Knowledge of the theory and practice of physical education, including the development and maintenance of physical fitness;

118.01(2)(d)2.b. b. Knowledge of the nutritive value of foods, as outlined in the Dietary Guidelines for Americans, a publication of the federal departments of health and human services and agriculture, and knowledge of the role of a nutritious diet in promoting health, preventing chronic disease, and maintaining a healthy weight.

118.01(2)(d)2.c. c. Knowledge of physiology and hygiene, sanitation, the effects of controlled substances under ch. 961 and alcohol upon the human system, symptoms of disease and the proper care of the body. No pupil may be required to take instruction in these subjects if his or her parent files with the teacher a written objection thereto. If a pupil does not take instruction in these subjects as a result of parental objection, the pupil may not be required to be examined in the subjects and may not be penalized in any way for not taking such instruction, but if the subjects receive credit toward graduation, the school board may require the pupil to complete an alternative assignment that is similar to the subjects in the length of time necessary to complete. Instruction in physiology and hygiene shall include instruction on sexually transmitted diseases and shall be offered in every high school.

118.01(2)(d)2.d. d. Awareness about drug abuse, including prescription drug abuse, and prevention.

118.01(2)(d)3. 3. An appreciation of artistic and creative expression and the capacity for self-expression.

118.01(2)(d)4. 4. The ability to construct personal ethics and goals.

118.01(2)(d)5. 5. Knowledge of morality and the individual’s responsibility as a social being, including the responsibility and morality of family living and the value of frugality and other basic qualities and principles referred to in article I, section 22, of the constitution insofar as such qualities and principles affect family and consumer education.

118.01(2)(d)6. 6. Knowledge of the prevention of accidents and promotion of safety on the public highways, including instruction on the relationship between highway safety and the use of alcohol and controlled substances, including prescription drugs, under ch. 961.

118.01(2)(d)7. 7. The skills needed to make sound decisions, knowledge of the conditions which may cause and the signs of suicidal tendencies, knowledge of the relationship between youth suicide and the use of alcohol and controlled substances, including prescription drugs, under ch. 961 and knowledge of the available community youth suicide prevention and intervention services. Instruction shall be designed to help prevent suicides by pupils by promoting the positive emotional development of pupils.

118.01(2)(d)8. 8. Knowledge of effective means by which pupils may recognize, avoid, prevent and halt physically or psychologically intrusive or abusive situations which may be harmful to pupils, including child abuse, sexual abuse and child enticement. Instruction shall be designed to help pupils develop positive psychological, emotional and problem-solving responses to such situations and avoid relying on negative, fearful or solely reactive methods of dealing with such situations. Instruction shall include information on available school and community prevention and intervention assistance or services and shall be provided to pupils in elementary schools.

118.01 History History: 1983 a. 412; 1985 a. 29, 213; 1989 a. 31; 1995 a. 27, 229, 448; 1997 a. 27, 35; 2017 a. 152, 262; 2023 a. 266.

118.015 118.015 Reading instruction; early literacy curricula and instructional materials.

118.015(1) (1) Purpose and intent. It is the purpose and intent of this section to provide for a developmental reading program for pupils at all grade levels.

118.015(1c) (1c) Definitions. In this section:

118.015(1c)(a) (a) “Phonics” means the study of the relationships between sounds and words; this includes alphabetic principle, decoding, orthographic knowledge, encoding, and fluency.

118.015(1c)(b) (b) “Science-based early reading instruction” means instruction that is systematic and explicit and consists of at least all of the following:

118.015(1c)(b)1. 1. Phonological awareness, including word awareness, rhyme recognition, repetition and creation of alliteration, syllable counting or identification, onset, and rime manipulation.

118.015(1c)(b)2. 2. Phonemic awareness, including phoneme identification, isolation, blending, segmentation, addition, substitution, and deletion.

118.015(1c)(b)3. 3. Phonics.

118.015(1c)(b)4. 4. Building background knowledge.

118.015(1c)(b)5. 5. Oral language development.

118.015(1c)(b)6. 6. Vocabulary building to develop lexical and morphological knowledge.

118.015(1c)(b)7. 7. Instruction in writing.

118.015(1c)(b)8. 8. Instruction in comprehension.

118.015(1c)(b)9. 9. Reading fluency.

118.015(1c)(c) (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.

118.015(1m) (1m) Early literacy curricula and instructional materials.

118.015(1m)(a) (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:

118.015(1m)(a)1. 1. The curricula and instructional materials include all of the components of science-based early reading instruction.

118.015(1m)(a)2. 2. The curricula and instructional materials do not include 3-cueing.

118.015(1m)(b) (b)

118.015(1m)(b)1. 1. By no later than 30 days after the department receives recommendations under par. (a), the department shall submit to the joint committee on finance proposed recommendations on early literacy curricula and instructional materials that satisfy the criteria under par. (a) 1. and 2. for use in the following school year. If the cochairpersons of the joint committee on finance do not notify the department within 14 working days after the date of the submittal of the proposed recommendations that the committee has scheduled a meeting to review the proposed recommendations, the department shall adopt the proposed recommendations for use in the following school year. If, within 14 working days after the date of the submittal of the proposed recommendations, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposed recommendations, the department may not adopt the proposed recommendations unless the committee approves or modifies the proposed recommendations. If the committee modifies the plan, the department may adopt the recommendations only as modified by the committee.

118.015(1m)(b)2. 2. The department shall maintain on its website a current list of the early literacy curricula and instructional materials recommendations adopted under this paragraph.

118.015(1m)(c) (c) The department shall award grants to reimburse school boards, operators of charter schools, and governing bodies of private schools participating in a program under s. 118.60 or 119.23 that adopt a literacy curriculum from the recommendations adopted under par. (b) after January 1, 2024. A grant under this paragraph shall be an amount equal to one-half of the costs of purchasing the literacy curriculum and instructional materials adopted from the recommendations adopted under par. (b). If the amount appropriated for this purpose is insufficient to pay the full amount to all grant recipients under this paragraph, the department shall prorate the grant awards among all grant recipients.

118.015(1m)(d) (d) Beginning on July 21, 2023, no school board, operator of a charter school, or governing body of a private school participating in a program under s. 118.60 or 119.23 may purchase curricula or instructional materials that include 3-cueing.

118.015(2) (2) Employment of reading specialists. Each school district shall employ a reading specialist certified by the department to coordinate a comprehensive reading curriculum in grades kindergarten to 12. At the discretion of the state superintendent, a school district may contract with other school districts or cooperative educational service agencies to employ a certified reading specialist on a cooperative basis.

118.015(3) (3) Duties of reading specialist. The reading specialist shall:

118.015(3)(a) (a) Implement a reading curriculum in grades kindergarten to 12.

118.015(3)(b) (b) Act as a resource person to classroom teachers to implement the reading curriculum.

118.015(3)(c) (c) Work with administrators to support and implement the reading curriculum.

118.015(3)(d) (d) Conduct an annual evaluation of the reading curriculum.

118.015(3)(e) (e) Coordinate the reading curriculum with other reading programs and other support services within the school district.

118.015(4) (4) School board duties. The school board shall:

118.015(4)(a) (a) Develop a program of reading goals for the district for grades kindergarten to 12.

118.015(4)(b) (b) Make an assessment of existing reading needs in grades kindergarten to 12 in the district based on the reading goals established under par. (a).

118.015(4)(c) (c) Make an annual evaluation of the reading curriculum of the school district.

118.015(4)(d) (d) If the school board maintains an Internet site for the school district, include a link to the guidebook related to dyslexia and related conditions that is published on the department’s Internet site under s. 115.28 (56) (b).

118.015(5) (5) Prohibited instructional practices; 3-cueing. Beginning in the 2024-25 school year, no public school, including a charter school, or private school participating in a program under s. 118.60 or 119.23 may provide instruction that incorporates 3-cueing in the core reading curriculum for grades kindergarten to 3 or in supplemental materials, including materials used for reading intervention, for pupils in grades kindergarten to 3.

118.015 History History: 1977 c. 29; 1995 a. 27 s. 9145 (1); 1997 a. 27; 2019 a. 86; 2023 a. 20.

118.016 118.016 Reading readiness assessments; characteristics of dyslexia.

118.016(1) (1) Definitions. In this section:

118.016(1)(a) (a) “At-risk” means a pupil scored below the 25th percentile on a universal screening assessment or diagnostic assessment, as indicated by the publisher of the assessment.

118.016(1)(b) (b) “Diagnostic assessment” means a tool that includes all of the following:

118.016(1)(b)1. 1. An assessment that evaluates a pupil’s skill in the areas listed in par. (L) 1. to 5., rapid naming, phonological awareness, word recognition, spelling, vocabulary, listening comprehension, and, when developmentally appropriate for the pupil, oral reading fluency and reading comprehension.

118.016(1)(b)2. 2. An opportunity for a pupil’s parent to complete a family history survey to provide additional information about learning difficulties in the pupil’s family.

118.016(1)(c) (c) “Dyslexia” means a specific learning disability that is all of the following:

118.016(1)(c)1. 1. Neurobiological in origin.