Chapter 118

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.

118.016(1)(c)2. 2. Characterized by difficulties with accurate and fluent word recognition and poor spelling and decoding abilities that typically result from a deficit in the phonological component of language. Consequences of these difficulties may include problems in reading comprehension and reduced reading experience that may impede vocabulary growth and background knowledge.

118.016(1)(c)3. 3. Often unexpected in relation to other cognitive abilities.

118.016(1)(d) (d) “Family history survey” means a questionnaire that includes questions about previous recommendations for summer reading support or outside tutoring, general interest in reading and books, family history of characteristics of dyslexia, and any known family struggles in reading or spelling.

118.016(1)(e) (e) “Fidelity” means to perform in the manner that the author or publisher of a program or assessment intends.

118.016(1)(f) (f) “Fundamental skills screening assessment” means an assessment that evaluates whether a pupil possesses phonemic awareness and letter sound knowledge.

118.016(1)(g) (g) “Inadequate rate of progress” means a pupil’s rate of improvement that is minimal and that with continued intervention the pupil is unlikely to demonstrate grade-level skills by the end of the school year.

118.016(1)(h) (h) “Independent charter school” means a charter school established under s. 118.40 (2r) or (2x).

118.016(1)(i) (i) “Intervention” means an intervention that is all of the following:

118.016(1)(i)1. 1. Explicit, direct instruction that is systematic, sequential, and cumulative and follows a logical plan of presenting the area of deficit that targets the specific needs of the pupil without presuming prior skills or knowledge of the pupil.

118.016(1)(i)2. 2. Individualized instruction to meet the specific needs of a pupil in a setting that uses intensive, highly concentrated instruction methods and materials that maximize pupil engagement.

118.016(1)(i)3. 3. Instruction that incorporates the simultaneous use of 2 or more sensory pathways during teacher presentations and pupil practice.

118.016(1)(j) (j) “Parent” has the meaning given in s. 115.76 (12) (a).

118.016(1)(k) (k) “Reading readiness assessment” means a fundamental skills screening assessment, universal screening assessment, or diagnostic assessment.

118.016(1)(L) (L) “Universal screening assessment” means an assessment that evaluates a pupil’s skill in all of the following areas:

118.016(1)(L)1. 1. Phonemic awareness.

118.016(1)(L)2. 2. Decoding skills.

118.016(1)(L)3. 3. Alphabet knowledge.

118.016(1)(L)4. 4. Letter sound knowledge.

118.016(1)(L)5. 5. Oral vocabulary.

118.016(2) (2) Four-year-old kindergarten; screening requirement. Each school board and the operator of each independent charter school shall annually assess the early literacy skills of each pupil enrolled in 4-year-old kindergarten in the school district or in the independent charter school at least 2 times during the school year using a fundamental skills screening assessment selected by the department. The school board or operator of the independent charter school shall ensure that the first screening assessment is administered before the 45th day after the first day of the school term and that the 2nd screening assessment is administered by the date that is 45 days before the last day of the school term. The school board or operator of the independent charter school shall ensure that assessments required under this subsection are administered with fidelity.

118.016(3) (3) Early literacy assessments; 5-year-old kindergarten to 3rd grade. Each school board and the operator of each independent charter school shall annually assess the early literacy skills of each pupil enrolled in 5-year-old kindergarten to 3rd grade in the school district or in the independent charter school as follows:

118.016(3)(a) (a) Universal screenings. Screen the pupil at least 3 times during the school year using a universal screening assessment selected by the department. The school board or operator of the independent charter school shall ensure that the universal screening assessments are administered at the following times during the school year:

118.016(3)(a)1. 1. The first universal screening assessment is administered before the 45th day after the first day of the school term.

118.016(3)(a)2. 2. The 2nd universal screening assessment is administered in the middle of the school term, as determined by the school board or operator of the independent charter school.

118.016(3)(a)3. 3. The 3rd universal screening assessment is administered by the date that is 45 days before the last day of the school term.

118.016(3)(b) (b) Diagnostic assessment. Assess a pupil using a diagnostic assessment as follows:

118.016(3)(b)1. 1. No later than the 2nd Friday of November if a universal screening assessment administered under par. (a) 1. indicates that the pupil is at-risk.

118.016(3)(b)2. 2. Within 10 days after a universal screening assessment is administered under par. (a) 2. if the universal screening assessment indicates that the pupil is at-risk.

118.016(3)(b)3. 3. Within 20 days after a teacher or parent who suspects that the pupil has characteristics of dyslexia submits a request for a diagnostic assessment.

118.016(3)(c) (c) Administering assessments with fidelity. Ensure that each assessment required under this subsection is administered with fidelity.

118.016(4) (4) Parental notification.

118.016(4)(a) (a) Assessment results. A school board or operator of an independent charter school shall provide the results of a reading readiness assessment, in writing, to a pupil’s parent no later than 15 days after the reading readiness assessment is scored. For purposes of providing results of a reading readiness assessment under this paragraph, a school board or operator of an independent charter school shall provide at least all of the following to a pupil’s parent in the native language of the pupil’s parent:

118.016(4)(a)1. 1. The pupil’s score on the reading readiness assessment.

118.016(4)(a)2. 2. The pupil’s score in each early literacy skill category assessed by the reading readiness assessment.

118.016(4)(a)3. 3. The pupil’s percentile rank score on the reading readiness assessment, if available.

118.016(4)(a)4. 4. The definition of “at-risk” and the score on the reading readiness assessment that would indicate that a pupil is at-risk.

118.016(4)(a)5. 5. A plain language description of the literacy skills the reading readiness assessment is designed to measure.

118.016(4)(b) (b) Special education information. If a diagnostic assessment indicates that a pupil is at-risk, a school board or operator of an independent charter school shall include information about how to make a special education referral under s. 115.777 with the diagnostic assessment results provided to the parent under par. (a).

118.016(4)(c) (c) Dyslexia information; certain pupils. If a school board or operator of an independent charter school is required to assess a pupil’s early literacy skills using a diagnostic assessment, a school board or operator of an independent charter school shall provide all of the following, in writing, to the pupil’s parent: