Earlier today at a meeting attended by WCRIS staff, the legislature’s Joint Committee on Finance (JFC) approved the first, shorter list of recommended curricula eligible for up to 50% reimbursement under 2023 Wisconsin Act 20 (“Act 20”).

The now-approved list was submitted by the Wisconsin Early Literacy Curriculum Council, made up of individuals appointed by the legislature and the DPI, as required by Act 20.

This list includes the following curricula. It has not yet been posted on the DPI’s website, as required by law:

  • Bookworms Reading & Writing K-3 by Open Up Resources, 2022;
  • Core Knowledge Language Arts (CKLA) K-3 by Amplify Education, 2022;
  • EL Education K-3 Language Arts by Open Up Resources, 2017;
  • Wit and Wisdom by Great Minds, 2020 with PK-3 Reading Curriculum by Really Great Reading.

As a reminder, public, charter and choice schools are NOT required to use one of the approved curricula in grades K-3, but must select one of the four if they would like to potentially receive a reimbursement grant.

The approval process was unexpectedly convoluted as the DPI submitted its own list of recommended curricula to the committee, in addition to the council’s.

Citing concern about potential legal action against the state of Wisconsin, the DPI encouraged the committee to adopt its longer list of 11 curricula, instead of the council’s four. The DPI alleged that the council may not have reviewed all options in a consistent and fair manner, opening up the possibility of a lawsuit.

Read a summary about the possibility from the Wisconsin Legislative Fiscal Bureau and Legislative Council.

After reviewing both lists from the council and the DPI, the JFC convened a formal meeting to discuss four options for action this morning.

The options included: 1) Approve the DPI’s list of 11 curricula; 2) Approve the list of four from the council; 3) Approve the three curricula on which both the DPI and the council agreed; or 4) Deny the request, which likely would result in a re-review of all the curricula submissions.

The decision was voted on along party lines, 10-4, with the Republican majority voting in favor of the council’s list. Republican committee members stated that other states have successfully implemented a similar literacy law with a comparable, shorter list of recommendations. A smaller list may also be more manageable for the Act-20-required literacy coaches, stressed by JFC vice-chair and reading bill sponsor, Sen. Duey Stroebel (R-Saukville).

The Republicans also favored the council’s list because its members are regarded as early literacy experts. Rep. Mark Born (R-Beaver Dam), vice-chair of the JFC, said, “I’m not an expert, but that’s why we created an expert panel.”

On the other side of the aisle, Democrats were in favor of approving the DPI’s longer list of 11 recommendations to avoid a potential lawsuit against the department. A lawsuit of this kind, if filed, would likely be litigated by the Wisconsin Attorney General using state tax-payer dollars, stated Sen. LaTonya Johnson (D-Milwaukee).

And Sen. Kelda Roys (D-Madison) asserted that “the list by the DPI will yield success for Wisconsin students.”

The Republicans also invoked reading success for Wisconsin’s children in making their arguments.

Ultimately, the council’s list of four curricula prevailed.

The recommended list is set to be reevaluated each year so it may change. Though $50 million has currently been allocated for the Act 20 reimbursement grants, it’s unknown if the legislature will invest more funds for early literacy curriculum purchases in the future.

The DPI has yet to release details about the grant program, but the law states that the grants will be awarded on a reimbursement basis, up to 50%. The funds are also pro-rated. So the amount that’s awarded to each school or district will likely be dependent on the total number of requests over time.

Schools are not required to adopt one of the above curricula. But the use of curricula that incorporates “three-cueing” is prohibited beginning in the 2024-25 school year, under the law.

At the time of publication, WCRIS isn’t aware of any lawsuits filed against the DPI in response to this decision. A lawsuit could temporarily pause the progress of Act 20, if filed.

WCRIS will continue to communicate updates as they’re available. You can read the collection of WCRIS’ coverage on Act 20 here.

For more context, check out this blog post from an out-of-state curriculum advocate about recent Act 20 developments leading up to today’s meeting.

Act 20 is complex. Please contact our office with any questions or concerns. We’re here to serve!