2023 Wisconsin Act 20’s sweeping overhaul of early literacy instruction is the first of its kind in the state, but one of many in the country. Act 20 is the Badger State’s contribution to the popular “science of reading” movement, which – among other things – emphasizes phonics and discredits other literacy instruction strategies.

Since July when the governor signed the law, there has been disagreement on approved curricula; a partial veto of funding; a resulting lawsuit; and, just last week, a counterclaim in that suit.

The logistics of such an all-encompassing bill and legislative disagreements have disrupted the rule-making process, leaving public, charter and choice schools anxious for the 2024-25 school year.

WCRIS has been tracking this early literacy movement long before Act 20 was even drafted. Below is a breakdown of everything we know; what we’re waiting on; and, what you can do going into summer break.

The following information is based on WCRIS’ current understanding of the law and the DPI’s Act 20 Frequently Asked Questions. Please note that the forthcoming DPI administrative rules will be the official guidance for schools. The following shouldn’t be considered legal guidance. Please contact WCRIS with questions.

What We Know

Regulations
Regarding private schools, Act 20 regulations only apply to schools participating in the Milwaukee, Racine or Wisconsin Parental Choice Programs. Though there were some questions initially, the DPI confirmed that private schools that don’t participate in choice aren’t subject to the act. 

Though choice schools are covered by the law, only some of its regulations apply to schools participating in the programs. Based on WCRIS’ current understanding of the law – and the DPI’s Act 20 Frequently Asked Questions – choice schools are:

  • Prohibited from purchasing or implementing three-cueing instruction and curricula in grades K through 3, beginning in the 2024-25 school year;
  • Eligible for the early literacy curricula reimbursement grants;
  • Required to administer the statewide reading assessment to choice and non-choice students when the school opts into an “All Student Report Card;” and
  • Required to adopt and implement a policy for promoting students from third-grade to fourth-grade that includes reading achievement criteria and reading interventions for students who don’t score at grade-level, beginning July 1, 2025. 

The DPI must also assign at least two of its statewide early literacy coaches in choice schools. 

Choice schools are not required to: 

  • Participate in required reading training for staff;
  • Administer the reading readiness screener or the diagnostic assessments;
  • Create personal reading plans for students in need of intensive reading support;
  • Create and post early literacy remediation plans identifying how they will support those students.

Public and charter schools are required to do all the above. Be advised that, even if you hear your district talking about certain Act 20 requirements, they may not apply to your school.

Recommended Curricula List
The DPI has posted the four recommended curricula options, eligible for a partial reimbursement grant, on its website here. However, the grant program isn’t open yet. (See more details below.)

Title Funds for Professional Development
After WCRIS sought an answer on behalf of its member schools, the DPI confirmed that private schools may be able to use Title funds for certain professional development relating to “evidence-based literacy instruction,” since choice school staff aren’t required by Act 20 to engage in specific training. The professional development must still meet the requirements of the Title program to be eligible. 

Public schools cannot use Title funds for certain required early literacy professional development required by Act 20 as federal funds cannot be used to supplant state requirements. This has caused some confusion and potentially some frustration between districts and private schools. If you have questions, please reach out to WCRIS. 

What We’re Waiting On

Curricula Grant Program
As mentioned above, the curricula grant program isn’t open yet. The last update WCRIS is aware of is from early April when the DPI said the program will open “soon.” 

Currently, the department doesn’t have all its allocated funding from the legislature, which is likely a contributing factor to the delay. Further, the DPI has indicated it’s still determining how to equitably distribute the funding since the department is required to prorate the grants if the total amount requested by schools exceeds the allotted grant amount, which is likely. Because of this, the DPI has warned that it cannot guarantee the amount of money each school will receive and that schools may not see a reimbursement grant until 2026. 

Administrative Rules
Everything else falls into the realm of administrative rules, which the DPI is tasked to create. These rules will address the required third-grade assessment; the literacy coaching program; promotion policy and more. 

At the time of publication, WCRIS isn’t aware of the timeline for these rules. WCRIS will keep you updated via Current Events. 

What You Can Do

If you’re a choice school, consider these six next steps as we wait for updates: 

1. Look for three-cueing. If you haven’t already, it’s important for choice schools to analyze their current K-3 curriculum for three-cueing.

Act 20 defines three-cueing as:  “…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.” 

If you’re unsure if your current curriculum contains three-cueing, WCRIS suggests reaching out to the publisher. The push for the science of reading has been gaining momentum for years around the country so major publishers should be able to adequately address your concerns. 

If you determine your current curriculum or supplemental materials incorporate the now-prohibited literacy strategy, you cannot use them in the 2024-25 school year. Though, the DPI does identify some nuance in this requirement in the first question of its Act 20 FAQ.

2. Decide if you want to apply for a curricula grant. If so, you have to choose from these four curriculum options. Please keep in mind that the grant will be in the form of a partial reimbursement of a currently-unknown value, meaning that your school will have to float the entire cost of the curriculum purchase, possibly until 2026. WCRIS urges you to plan accordingly.

3. Think about summer reading programs. As part of the promotion policy requirement, the law requires schools to provide to third-grade students who score below grade-level in reading: “intensive instructional services, progress monitoring, and supports to remediate the identified areas of deficiency… and an intensive summer reading program each summer until the pupil scores at grade−level in reading on a summative assessment.”

What will fulfill the required “summer reading program” – and other parts of the promotion policy requirement – will be defined by the DPI. It could be a traditional in-school summer program or a simpler guide for at-home reading during the summer.

4. Consider mid-year screeners. Implementation of specific student screeners is only required by Act 20 for public schools. However, it may be a good practice for choice schools to test third-graders mid-year to gauge their progress and try to remediate any struggling students’ skills before the end-of-the-year assessment and possible, subsequent intervention services.

5. Watch for updates. The DPI continues to update parts of its Act 20 FAQ. Check here periodically for updates. WCRIS will also communicate relevant developments via Current Events, even during summer break.

6. Reach out to WCRIS with any questions. We understand that this new law is complex, and schools are eager to comply with requirements that begin next school year. Please don’t hesitate to contact our office with your concerns. We’re here to serve!