On July 19, 2023, the Wisconsin legislature enacted 2023 Wisconsin Act 20 (“Act 20”) which fundamentally shifted early childhood reading assessment and readiness for Wisconsin School Districts. At the statewide level, Act 20 required the Department of Public Instruction (“DPI”) to create the “Office of Literacy” to recommend science-based literacy curricula and instruction materials for use in 4-K through third grade.
On a local level, Act 20 requires school districts to comply with four significant requirements: assessments, reading intervention, policy implementation, and reporting.
Assessment. Act 20 creates new reading assessment requirements resulting in more frequent testing. Specifically, Act 20 requires school districts to administer fundamental skills screening assessments to 4K students and administer universal screening assessments to 5K to third grade students.
- Fundamental Skills Screening Assessment (4K): School districts must administer the fundamental skills screening assessment to 4K students twice during the school year. The first assessment must occur within the first 45 days of the beginning of the school year, and the second assessment must occur at least 45 days before the end of the school year. The DPI will select and provide the content of the assessment.
- Universal Screening Assessment: School districts must administer the universal screening assessment to 5K through third grade students at least three times each year. The first assessment shall be administered within the first 45 days of the school year. The second assessment must be administered in the middle of the school year; and the third assessment must be administered at least 45 days prior to the end of the school year. The DPI will select and provide the content of the assessment.
- Diagnostic Assessments: Diagnostic assessments will not be administered unless at least one of the following occur:
- The student scores below the 25th percentile (i.e., identified as “at risk”) on the universal screening assessment, or
- An educator or parent requests a diagnostic assessment.
Unique to the diagnostic assessment is that it serves as an assessment/diagnostic tool, but also surveys the student’s family history, including previous recommended summer reading supports or tutoring, the student’s interest in reading and books generally, and whether there is a family history of dyslexia or other learning disability. If the first universal screening indicates the student is “at risk,” the diagnostic assessment should be provided by the second Friday in November. If the mid-year universal screening assessment indicates the student is “at risk” then the diagnostic assessment must be administered within 10 days. Any time a parent or teacher suspecting dyslexia submits a diagnostic assessment request, the diagnostic assessment should be administered within 20 days of the request.
Reading Intervention. Schools must provide reading interventions for 5K to third grade students identified as “at risk” on the universal screening assessment or diagnostic assessment in accordance with the following:
- The school must create a personal reading plan for the student that explains the student’s specific reading deficiencies, the goals, and benchmarks necessary to get the student to read at grade level, and the intervention services the student will receive, among others.
- The school must provide the student with the interventions identified in the plan and monitor the students’ weekly progress.
Policy Implementation. By July 1, 2025, all school boards and independent charter schools must adopt a third to fourth grade promotion policy. School boards may set the policy’s effective date no later than September 1, 2027. Act 20 requires that students who are on a personal reading plan receive additional services and participate in intensive summer reading programs when the students fail to complete their personal reading plan by the end of third grade. Some students may qualify for a good cause exemption. In such instances, school districts are not required to provide additional services or subject the student to intensive summer reading programs.
The DPI has provided a model promotion policy that can be found here: DPI Model Promotion Policy.
Reporting. Act 20 requires school districts to comply with the following reporting requirements:
- To the Department of Public Instruction: School districts must report the following to the DPI:
- Data from the third grade reading assessment and the percentage of students reading at grade level by the end of third grade (indicated on the school and district report card).
- Data from the assessments on the school’s performance report.
- Specific assessment data for those children identified as “at risk” and the number of students receiving reading interventions.
- To Pupil’s Parents/Guardians: Parents and guardians shall be notified regarding:
- The student’s assessment results.
- The student’s at risk status, that the school intends to assign the student a personal reading plan, the contents of the personal reading plan, and information regarding how to make a special education evaluation referral.
- The student’s progress after 10 weeks of reading intervention services, if applicable
- Whether the student fails to complete the prescribed personal reading plan and a description of the specific services and supports that will be provided to remediate the areas of reading deficiency.
Enforcement. Act 20 creates a complaint process for parents of 4K to third grade students to file a complaint with DPI alleging that their school is not complying with the assessment or intervention requirements. DPI will review the complaint and if the school is noncompliant, layout actions necessary for the school to come into compliance. If a school continues to be noncompliant, the parent may file a circuit court action seeking injunctive relief or a writ of mandamus ordering the school to comply.
