UPDATE: Gov. Tony Evers signed this bill into law on July 19, 2023. The DPI can now begin its rule-making process. Stay tuned to Current Events for updates. 

Despite WCRIS’ warnings about government overreach and the regulation of voucher schools in the state’s reading bill, it now awaits the governor’s signature. He hasn’t indicated whether he’ll sign it yet. 

Several legislators, from both sides of the aisle, responded to WCRIS’ concerns. But ultimately, neither WCRIS’ 10 fixable suggestions to the bill nor the recommendation that choice schools be omitted entirely were taken. 

When signed into law, the following requirements will apply to choice schools as early as the 2024-25 school year: 

  • Schools must provide “intensive instructional services” and a rigorous summer reading program for third-grade students who aren’t reading at grade level until they reach grade level. 
  • Schools may have to adopt the DPI’s model policy for these services, which could conflict with choice schools’ worldview. There is also a shortage of teachers, and the law doesn’t clarify if summer school teachers need to be specially trained or certified. 
  • The final version of the law curiously includes: “Beginning on September 1, 2027, the governing body of a private school participating in the [choice] program… may not promote a 3rd grade pupil to the 4th grade unless the pupil satisfies the criteria for promotion specified in the governing body’s policy,” mentioned above. The impact of this provision on choice seat allotment in the third and fourth grades is uncertain.
  • Three-cueing instruction and/or materials are prohibited. This is not well-defined, and WCRIS wants teachers to be free to use all the tools in the literacy toolbox to teach students how to read. 
  • The new DPI Office of Literacy is required to send half of its coaches to schools with the lowest third-grade reading scores. Two of which have to be choice schools. 
  • If voucher schools want a 50% reimbursement from DPI for new reading curriculum, they have to adopt a state-recommended reading curriculum. The outlawing of three-queuing in curriculum makes it likely that voucher schools may need to replace their materials.
  • The number and percentage of third-graders reading at grade level will be included on DPI report cards. Despite asking lawmakers to clarify, it’s currently unclear if only third-grade choice students have to be assessed for this metric or if all third-graders at the voucher school must be tested. And, while there is an opt-out provision for the Forward Exam, it’s unclear if that would apply to this law. Further, WCRIS wonders, how much will testing cost?

Read the state’s summary of the bill here. Requirements of choice schools are highlighted.

It is the DPI’s job to create specific rules on how these requirements will be implemented and enforced. It’s a long and tortured path, by law. WCRIS will monitor that process to try to ease government intervention that’s not supported by actual statutory language.

The problem is, several of these provisions require a financial investment from choice schools. Some targeted funding will be available to voucher schools. But, it’s wrapped in long strings of state-recommended curriculum and DPI policies.

True, there are many contributing factors to the state’s abysmal reading scores. However, WCRIS agrees that a new approach to literacy is needed to help struggling public school students. But WCRIS notes this is largely a public school issue. 

Since its beginning 50 years ago, WCRIS has argued that specific curriculum and rules should not apply to private schools. These requirements challenge the foundation of the choice program (parental discernment) and threaten schools’ ability to educate their students in their own ways, according to the school’s unique mission and values. 

Another choice-friendly advocacy organization said in its testimony to legislators, other states have found that similar public policies have created competition that prompts private schools to adopt similar reading policies, making it unnecessary to mandate their inclusion. 

It’s also an unfair assumption that private schools are contributing to ineffective public schools when little investigation was done into what reading strategies and curriculum choice schools are using or not using. 

Legislators say they have been considering a literacy policy like the “Right to Read Act” for five years. WCRIS monitored the entire public process. The initial four-page bill draft excluded voucher schools. It recently ramped up to almost 40 pages. Ultimately, it was introduced and passed in both chambers in about two weeks, leaving legislators little time to fix the bill. 

Parts of the plan passed the Senate and Assembly with bipartisan support. Some Republicans proposed that they allocate the promised $50 million for the literacy initiative in the state budget and then take up the specifics at a later date. 

That proposal fell on deaf ears. The bill now sits on the governor’s desk.