2023 - 2024 LEGISLATURE
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2023 SENATE BILL 329
June 9, 2023 - Introduced by Senators STROEBEL, JAGLER, BRADLEY and WIMBERGER,
cosponsored by Representatives KITCHENS, WITTKE, BINSFELD, NEDWESKI,
DUCHOW, DITTRICH, ALLEN, ARMSTRONG, BEHNKE, BRANDTJEN, DONOVAN, GREEN,
GUNDRUM, GUSTAFSON, HURD, KRUG, MAGNAFICI, MAXEY, MICHALSKI, MURPHY,
O'CONNOR, PENTERMAN, RETTINGER, RODRIGUEZ, ROZAR, SCHMIDT, SNYDER,
SPIROS, STEFFEN, SUMMERFIELD and TUSLER. Referred to Committee on
Education.
1 AN ACT to repeal 15.374 (2) and 115.39; to renumber and amend 118.19 (12);
2 to amend 15.01 (6), 115.28 (7) (a), 115.38 (1) (a), 118.015 (title), 118.015 (2),
3 118.015 (3) (a), 118.33 (6) (b) 3. and 121.02 (1) (c) 3.; to repeal and recreate
4 118.016; and to create 15.374 (2), 15.377 (9), 115.385 (1) (e), 115.39, 118.015
5 (1c), 118.015 (1m), 118.015 (5), 118.19 (12) (a) and (b), 118.33 (5m), 118.33 (6)
6 (a) 3., 118.33 (6) (b) 2m., 118.33 (6) (c) 3., 118.33 (6) (cr) 3. and 119.44 (2) (bm)
7 of the statutes; relating to: reading instruction in public schools and private
8 schools participating in parental choice programs, an early literacy assessment
9 and intervention program, providing an exemption from rule-making
10 procedures, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
EARLY LITERACY INSTRUCTION
OFFICE OF LITERACY AND LITERACY COACHES
This bill establishes the Office of Literacy in the Department of Public
Instruction, to be led by a director who is appointed by the state superintendent of
public instruction after consultation with the Council on Early Literacy Curricula
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SENATE BILL 329
and subject to the advice and consent of the senate and who serves at the pleasure
of the state superintendent. Under the bill, the Office of Literacy must establish and
supervise a literacy coaching program to improve literacy outcomes in this state.
Specifically, the Office of Literacy, in consultation with cooperative educational
service agencies, must contract for up to 64 full-time equivalent literacy coaches.
Literacy coaches must demonstrate knowledge and expertise in science-based early
literacy instruction and instructional practices and have instructional experience in
grades kindergarten to 12. In addition, the Office of Literacy must provide ongoing
training on science-based early literacy instruction and instructional practices and
supervision to literacy coaches and must prohibit literacy coaches from using
three-cueing.
The bill requires the Office of Literacy to assign one-half of the literacy coaches
to schools based on pupil scores on the third grade reading assessment and one-half
of the literacy coaches to schools that request early literacy support. The latter half
of the literacy coaches must be dispersed evenly among cooperative educational
service agency regions. However, the bill prohibits assigning more than a total of 10
literacy coaches to a first class city school district and more than a total of four
literacy coaches to a school district that is not a first class city school district and
requires that no fewer than three literacy coaches be assigned to each cooperative
educational service agency region. Additionally, the Office of Literacy must ensure
that a school to which a literacy coach is assigned does not request or require that
the literacy coach perform duties outside the individual's role as a literacy coach, as
described in the bill.
Under the bill, the Office of Literacy must submit an annual report to the Joint
Committee on Finance on various aspects of the literacy coaching program during
the previous school year, including the number of literacy coaches, the number of
schools that were assigned a literacy coach, pupil scores on reading readiness
assessments and the third grade reading assessment in those schools, and
information on the training provided to the literacy coaches.
Finally, under the bill, the Office of Literacy and the literacy coaching program
sunset on July 1, 2028.
COUNCIL ON EARLY LITERACY CURRICULA; RECOMMENDED CURRICULA AND
INSTRUCTIONAL MATERIALS
The bill creates the Council on Early Literacy Curricula in DPI to recommend
literacy curricula and instructional materials for use in grades kindergarten to
three. The council consists of nine members who have knowledge of or experience
with science-based early literacy instruction and literacy curricula. Under the bill,
the initial members of the council are appointed jointly by the state superintendent
of public instruction, the assembly speaker, and the senate majority leader, and if the
initial members are not appointed jointly within 45 days, each appointing authority
must each appoint three members. Under the bill, after the initial appointments are
made, the membership of the council is made up of three members appointed by the
state superintendent, three members appointed by the assembly speaker, and three
members appointed by the senate majority leader.
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SENATE BILL 329
Under the bill, the Council on Early Literacy Curricula must annually make
recommendations for early literacy curricula and instructional materials for use in
the following school year. The council's recommendations for curricula and
instructional materials must include all of the components of science-based early
reading instruction and may not include three-cueing. The bill defines
“science-based early reading instruction” as instruction that is systematic and
explicit and consists of the following components: phonological awareness; phonemic
awareness; phonics; building background knowledge; oral language development;
vocabulary building; instruction in writing; instruction in comprehension; and
reading fluency. Under the bill, “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.
Under the bill, annually, upon receiving recommendations from the Council on
Early Literacy Curricula, DPI must submit proposed recommendations on early
literacy curricula and instructional materials to the Joint Committee on Finance.
DPI may not adopt the recommendations unless JCF approves the
recommendations. For purposes of the recommendations for the 2024-25 school
year, the initial recommendations made by the council, the bill requires that
proposed recommendations be submitted to JCF by November 1, 2023. Under the
bill, DPI must maintain a list of adopted recommendations for early literacy
curricula and instructional materials on its website.
Beginning on January 1, 2024, if a school board, charter school, or private
school participating in a parental choice program chooses to adopt an early literacy
curriculum, the school board, charter school, or private school participating in a
parental choice program must adopt an early literacy curriculum recommended by
DPI. The bill also requires DPI to award grants to school boards, independent
charter schools, and private schools participating in a choice program that adopt a
recommended early literacy curriculum on or after January 1, 2024. Under the bill,
the amount of the grant is 50 percent of the cost to purchase the recommended
literacy curriculum and instructional materials.
Beginning on the date the bill becomes law, school boards, charter schools, and
private schools participating in a parental choice program are prohibited from
purchasing curricula and instructional materials that incorporate three-cueing.
Beginning in the 2024-25 school year, the bill also prohibits public schools, including
charter schools, and private schools participating in a parental choice program 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.
TEACHER PREPARATORY PROGRAMS AND LICENSES TO TEACH; INSTRUCTION TO TEACH
READING
Under current law, the state superintendent of public instruction is required
to prescribe standards, requirements, and procedures for the approval of teacher
preparatory programs that lead to a license issued by DPI. Under the bill, to be
approved by the state superintendent, a teacher preparatory program must
demonstrate that it provides instruction that prepares teachers to teach reading and
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SENATE BILL 329
language arts using science-based early reading instruction and that it does not
provide instruction on teaching reading and language arts that incorporates
three-cueing.
Under current law, DPI may not issue a license that authorizes the license
holder to teach reading or language arts in a prekindergarten class or in grades
kindergarten to six unless the individual has successfully completed instruction
preparing the individual to teach reading using appropriate instructional methods,
including phonics. Current law defines “phonics” as a method of teaching beginners
to read and pronounce words by learning the phonetic value of letters, letter groups,
and syllables.
Under the bill, DPI may not issue a license that authorizes the license holder
to teach reading or language arts in a prekindergarten class or in grades
kindergarten to six unless the individual has successfully completed instruction
preparing the individual to teach reading using science-based early reading
instruction, as defined in the bill, that includes phonics and that does not include
three-cueing, as defined in the bill. The bill defines “phonics” as the study of the
relationships between sounds and words; this includes alphabetic principle,
decoding, orthographic knowledge, encoding, and fluency.
PROFESSIONAL DEVELOPMENT TRAINING
Under the bill, school boards and charter school operators must ensure that all
kindergarten to third grade teachers, principals of schools that offer grades
kindergarten to three, and reading specialists receive professional development
training in science-based early literacy instruction by no later than July 1, 2025.
Under the bill, the mandatory professional development training is the same
professional development for which American Rescue Plan Act of 2021 federal
funding was allocated. Specifically, the professional development training must be
Voyager Sopris Language Essentials for Teachers of Reading and Spelling (LETRS)
or another program endorsed by the Center for Effective Reading Instruction as an
accredited independent teacher training program and must be provided by the
Leadership in Literacy Institute or another provider who meets various
requirements specified in the bill. The bill also requires the same professional
development training for all faculty or academic staff of the University of Wisconsin
System who teach a course that includes curriculum in reading instruction designed
for kindergarten to third grade teachers, elementary school principals, or reading
specialists.
THIRD GRADE RETENTION POLICIES
Under the bill, by January 1, 2025, DPI must establish, by rule, a model policy
for promoting third grade pupils to the fourth grade. Under the bill, the model policy
must include various components, including 1) a requirement that a pupil who scores
in the lowest proficiency category on the third grade reading assessment be retained
in the third grade, 2) a good cause exception for certain pupils, 3) a requirement that
the school board provide intensive instructional services, progress monitoring, and
supports to a pupil who is retained under the policy, 4) written notice to the pupil's
parent, and 5) an intensive summer reading program for pupils who scored in the
lowest proficiency category of the third grade reading assessment.
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SENATE BILL 329
By July 1, 2025, the bill requires school boards, independent charter schools,
and private schools participating in a parental choice program to 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. Additionally, 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
current law, school boards, independent charter schools, and private schools
participating in a parental choice program must adopt written policies for promoting
pupils from grade four to grade five and from grade eight to grade nine and are
prohibited from promoting a pupil unless the pupil complies with the applicable
promotion policy.
SCHOOL DISTRICT AND SCHOOL REPORT CARDS
The bill requires DPI to include in the annual school district and school
accountability report, commonly referred to as school and school district report
cards, the number and percentage of pupils who scored in the lowest proficiency
category on the third grade reading assessment. The bill requires this information
for school districts and schools that offer third grade. Under the bill, this information
must first be included in the report cards for the 2023-24 school year that are
published in the fall of the 2024-25 school year.
READING READINESS ASSESSMENTS AND INTERVENTIONS
Under current law, school boards and independent charter schools must
annually assess pupils enrolled in four-year-old kindergarten to second grade for
reading readiness using an assessment of literacy fundamentals selected by the
school board or independent charter school. The selected reading readiness
assessment must evaluate whether a pupil possesses phonemic awareness and letter
sound knowledge. Current law requires a school board or independent charter school
to provide interventions or remedial reading services to a pupil if the reading
readiness assessment indicates that the pupil is at risk of reading difficulty with
interventions or remedial reading services. Current law does not define “at-risk.”
Beginning in the 2024-25 school year, the bill requires school boards and
independent charter schools to assess the early literacy skills of pupils in
four-year-old kindergarten to third grade using various assessments and to create
a personal reading plan for each pupil in five-year-old kindergarten to third grade
who is identified as at-risk based on a universal screening assessment or diagnostic
assessment. Under the bill, “at-risk” means the pupil scored below the 25th
percentile on an applicable screening assessment, as indicated by the screening
assessment publisher.
FUNDAMENTAL SKILLS SCREENING ASSESSMENTS; FOUR-YEAR-OLD KINDERGARTEN
Under the bill, beginning in the 2024-25 school year, school boards and
independent charter schools must screen all pupils enrolled in four-year-old
kindergarten at least two times each school year using a fundamental skills
screening selected by DPI. The bill specifies that the first screening assessment must
occur before the 46th day of the school term and that both screenings be completed
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by no later than 45 days before the last day of school. The bill defines a “fundamental
skills screening assessment” as an assessment that evaluates a pupil's phonemic
awareness and letter sound knowledge.
UNIVERSAL SCREENING AND DIAGNOSTIC ASSESSMENTS AND INTERVENTIONS
Required universal screening assessments
Under the bill, beginning in the 2024-25 school year, school boards and
independent charter schools must screen all pupils enrolled in five-year-old
kindergarten to third grade at least three times each school year using a universal
screening assessment selected by DPI. The bill specifies that the first universal
screening must occur before the 46th day of the school term, the second universal
screening must occur in the middle of the school term, and the third universal
screening must occur no later than 45 days before the last day of school. The bill
defines a “universal screening assessment” as an assessment that evaluates a pupil's
skill in phonemic awareness, decoding skills, alphabet knowledge, letter sound
knowledge, and oral vocabulary.
Required diagnostic assessments
Under the bill, beginning in the 2024-25 school year, school boards and
independent charter schools must screen a pupil enrolled in five-year-old
kindergarten to third grade using a diagnostic assessment 1) if the pupil is identified
as at-risk based on the first universal screening of the school year, by no later than
the second Friday in November; 2) if the pupil is identified as at-risk based on the
second universal screening of the school year, within 10 days after the universal
screening was administered; and 3) if a teacher or parent suspects the pupil has
characteristics of dyslexia and submits a request for a diagnostic assessment, within
20 days of submitting the request. The bill defines a “diagnostic assessment” as a
tool that includes an assessment that evalu