Legislature Votes on 2023-25 State Budget
By Dee Pettack | June 29, 2023
From WisPolitics.com …
The $98.7 billion budget cleared the GOP-run Senate last night 20-13.
GOP state Sens. Rob Hutton, of Brookfield, and Steve Nass, of Whitewater, were the only members to cross party lines on the vote, opposing the budget.
The Assembly plans to convene today at 1pm and the budget is the only bill on the calendar. They have scheduled eight hours for debate. The floor session can be viewed on wiseye.org.
If the Assembly signs off on the budget without any changes to what the Senate approved, the bill would then go to The Governor for review.
Republicans in the Senate approved one amendment that largely included language meant to guard against Evers being able to use his partial veto authority on the bill. Other amendments that sought to increase funding for schools, eliminate the 2017 Act 141 penalty on low revenue districts, and reverse the elimination of high poverty aid were rejected by the majority party.
In Wisconsin the Governor has one of the most powerful veto powers in the nation, allowing them to strike or reduce appropriations in spending bills by writing in a smaller amount, though they can’t increase spending that the Legislature proposed.
The governor also may strike words, numbers and punctuation, though they can’t strike out individual letters to create new words — once dubbed the “Vanna White veto” — and aren’t allowed to create new sentences by combining parts of two or more sentences in the text — which critics called the “Frankenstein veto.”
Additional updates will be provided as the budget moves forward. Please don’t hesitate to reach out to me.
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Low Revenue District Clarification
By Dee Pettack | June 22, 2023
Hi all –
Apologies if there was confusion that stemmed from the previous blog post.
The excel spreadsheet contained several tabs which listed all low revenue districts and those impacted by the ACT 141 penalty.
Here is a simple list of those districts impacted.
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Urgent Budget Update
By Dee Pettack | June 22, 2023
Good afternoon, Members:
On Tuesday Governor Evers signed SB 330 into law. This bill was the result of an overall budget compromise that Governor Evers struck with Legislative leaders from both houses. This piece of policy was advanced outside of the normal budget process. A summary of the overall budget compromise can be found here.
Today, the Joint Finance Committee is scheduled to meet at 4:30pm to finish the remaining pieces of the budget which includes funding for the University of Wisconsin, Shared Revenue and Tax Relief, General Fund Taxes, and the Budget Stabilization Fund. The agenda is available here. As in previous budget cycles the committee will also take up the #999 motion which is considered the “wrap up motion” which can contain various pieces of fiscal policy from any area of the budget. This is the final step of Joint Finance Committee action before both houses will begin action on the proposal.
Members have reached out about several areas of the budget including the impacts of 2017 Act 141 which penalize certain school districts for having a failed referenda in the last three years and the impact of the elimination of the High Poverty Aid provision that impacts many districts around the state. I have attached lists of those impacted for your reference. I would encourage those impacted to reach out to their legislators and members of the Joint Finance Committee to express how these provisions would impact on your ability to serve your students.
The list of districts impacted by the elimination of High Poverty Aid can be found here.
The list of districts impacted by the penalties created for low revenue districts under 2017 Act 141 can be found here.
Finally, a comprehensive summary of the literacy legislation which passed the Assembly yesterday will be forthcoming and can be used when contacting your Senators and the Governor who will need to act on the legislation before it becomes law.
You can find the contact information for your state legislators here and the emails for Joint Finance Committee members is listed below. Please reach out to me if you have questions.
Joint Finance Member Emails
Rep.Born@legis.wisconsin.gov
Sen.Marklein@legis.wisconsin.gov
rep.katsma@legis.wisconsin.gov
sen.strobel@legis.wisconsin.gov
sen.felzkowski@legis.wisconsin.gov
sen.ballweg@legis.wisconsin.gov
sen.testin@legis.wisconsin.gov
sen.wimberger@legis.wisconsin.gov
sen.johnson@legis.wisconsin.gov
sen.roys@legis.wisconsin.gov
rep.zimmerman@legis.wisconsin.gov
rep.rodriguez@legis.wisconsin.gov
rep.kurtz@legis.wisconsin.gov
rep.dallman@legis.wisconsin.gov
rep.goyke@legis.wisconsin.gov
rep.mcguire@legis.wisconsin.gov
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Education Omnibus Motion #103
By Dee Pettack | June 15, 2023
This week the Legislature not only moved to approve a bill that both raised the low revenue limit ceiling and increased the amount of payments to voucher schools and independent charter payments. This bill was advanced tangentially with the budget as part of the compromise Governor Evers and Legislative Leaders reached last week that included shared revenue increases. The Joint Finance Committee (JFC) approved the education omnibus late Tuesday night on a party-line 11-4 vote. The omnibus motion by JFC outlines the major provisions agreed to as part of the compromise made last week and provides additional details around other categorical aids. The legislature is also moving forward on a literacy proposal – an update on that legislation is also provided below.
The budget proposal does not include many details thus, there many questions that need to be answered including the property tax implications of Senate Bill 330, implementation of the low revenue increase, methodology for the distribution of several categorial aids and others. Below is a summary of the major provisions included in the omnibus motion #103:
School Funding
- Revenue Limit Per Pupil Adjustment: All school districts will receive a per pupil adjustment under revenue limits of $325 in FY24 and $325 in FY25 (total of $650/pupil increase over the two years) – these increases will provide all school districts with increased revenue raising capacity.
- Low Revenue Ceiling: raised from $10,000 to $11,000: school districts with a per pupil revenue limit of less than $11,000 will be permitted to raise their revenue limit/pupil up to $11,000 (beginning in FY24 and remaining at that level for FY25)
- Note that the motion did not address the ramifications of 2017 Act 141 and districts will continue to be held to the LRC threshold that was in effect when they failed to pass the referendum, for three years. After closely reviewing the language in 2017 Act 141, an agreed upon interpretation is that if you have a successful referendum after a failed on your district will be able to receive the increase.
- Per Pupil Aidwas not increased in the motion so it is assumed the amount for school districts will remain at $742 per pupil in FY24 & FY25.
- General Equalization Aid: provides $154.7 M in FY24 and $379.6 M in FY25; general state aid goes directly to schools, but because it is received under the revenue limit it does not increase spendable resources.
Categorical State Aids
- Special Education Aid: increased by $97 M over the biennium to raise the reimbursement rate to 33.3% in FY24 and FY25 (rate is ~31.5% for FY23).
- High-Cost Special Education Aid: increased by $4.6 M over the biennium to raise the reimbursement rate to 45% in FY24 & 50% in FY25 (rate is estimated to be 39.5% for FY23).
- Bilingual-Bicultural Aid: increased by $3 M over the biennium ($1.5 M annually) to modestly raise the reimbursement rate to ~8.8% (rate is estimated to be 7.6% for FY23)
- High-Cost Transportation Aid: increase by $5.88 M over the biennium ($2.94 M annually) to raise the reimbursement to 75% (and eliminate the $200,000 cap on stop-gap payments for districts that lose eligibility for aid.)
- Pupil Transportation Aid: increase the reimbursement rate for pupils transported 12+ miles from $375/pupil to $400 per pupil (no increase to the appropriation but the appropriation is anticipated to be able to absorb the additional cost of the increased aid payment).
- Sparsity Aid: increase funding by $630,200 in each year to raise the reimbursement rate to 100% of eligible costs (for districts with fewer than 10 members per square mile, a district with 745 or fewer members is eligible for $400/member and districts with 746 to 1,000 members is eligible for $100/member).
- School-Based Mental Health Grants: increase by $30 M over the biennium ($15 M annually).
- The motion specifies that instead of distributing as a competitive grant, DPI will distribute these funds on a per pupil basis to school districts and independent charter schools.
- The motion also modifies the current law language for the program’s purpose, from collaborating with “community mental health agencies” to instead refer to “mental health providers”.
- The motion notes that the funding provided in the motion ($25 M annually) would provide $31 per pupil in FY24 & FY25, and then when the appropriation returns to $10 M annually, the funding would support payments of $12 per pupil. For this program, pupils include those enrolled in school districts and in independent charter schools.
- School Library Aids: increase funding by $24 M over the biennium ($7 M annually), based on estimates of the amount available from the Common School Fund.
- Robotics League Participation Grants: increase funding from $250,000 annually to $500,000 annually.
- Lakeland STAR Academy: provide $250,000 in FY24 & $500,000 in FY25 for this school.
Choice/Charter Funding
- The motion indicates that using the current law indexing for determining the per pupil payment for Choice/ICS/SNSP/Charter program, the indexing change would increase by payments by $412 in FY24 and then by another $348 in FY25.
- These figures do not account for the impact of SB-330 (which would have a significant effect on the per pupil payment amounts).
- These amounts might be overstated b/c I don’t think LFB accounted for the decrease in the appropriation for Per Pupil Aid (decreasing membership).
- The fiscal impact of these changes to the payment amount has implications for school districts that incur aid reductions associated with the programs.
- The motion shows changes to the appropriations for choice, SNSP, and independent charter schools based on estimated enrollments and per pupil payments under the motion.
JFC Supplemental Appropriation
NOTE: The motion did not indicate the process for DPI to access these funds, it will be up to JFC to release the funds when the respective policy pertaining to the set aside is signed into law.
- Early Literacy and Reading Improvement: set aside $50 M (for use implementing AB-0321/SB-0329, i.e., “the Reading bill”).
- Shared School District Services: set aside $5 M for shared school district services (presumably, for implementing the multiple shared services bills introduced earlier this session).
- Recovery High School: set aside $500,000 annually for a recovery high school (public, private, or tribal school) designed for students recovering from a substance use disorder (presumably to implement AB-0271/SB-0276)
Literacy Proposal
This week the legislature advanced Assembly Bill 321 through the Assembly Committee on State Affairs. Concerns were raised in the public hearing, and it is expected legislators may be discussing this with education leaders in their district. There are many areas of concern with this bill, including the development of a reading council with six appointees from the majority party and three from the Department of Public Instruction. The make up of this council could lead to the further politization of literacy in our state and I think we can all agree that will not be good for our students. The proposal, as currently drafted only allows a student one test to show their reading proficiency – if a student falls in the bottom 25% – the student must be retained for third grade reading. We all know that years of research has shown us that retention is not the best way to serve our students who are struggling with literacy. Additionally, the bill prescribes what type of materials can be purchased in public schools, specifically prohibiting certain materials.
The Joint Finance Committee set aside $50 million intended to fund some of the initiatives included in the literacy proposal including the deployment of 60+ reading coaches across the state and to fund the purchase of approved curriculum by districts. While the investment in literacy is important there are concerns it will not be enough to serve all our schools and given the staffing challenges across the state, hiring 60+ reading coaches will not only be challenging but it may draw reading specialists away from districts where they are currently serving students.
The future of this bill and subsequent amendments is very much in flux. We all want to see our students’ literacy skills improved but moving this bill that contains too many logistically unworkable situations, too many unanswered questions and policy that has been proven to not be in the best interest of students at such a rapid pace simply does not make sense. I encourage you to contact your legislator and let them know how this proposal would impact the good work you are doing. Here is a sample communication from one of our colleagues.
As always, please reach out to me if you have any questions.
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Legislative and Budget Alert
By Dee Pettack | June 13, 2023
Good morning members,
As you know, things are progressing quickly in the Capitol after news broke last week that K-12 finance was negotiated as part of a larger conversation around shared revenue. There are several committees’ meetings today that will impact the 2023-25 state budget.
While the Assembly committee on education is meeting on AB 305, the Senate committee on education is holding a vote on the companion bill SB 330. The proposals are moving tangentially with the K-12 budget before the Joint Finance Committee today and represent the compromise that Governor Evers and Legislative leaders agreed to last week addressing per pupil payments for choice and charter schools and raise the low revenue limit ceiling from $10,000 to $11,000. Several questions have yet to be answered on this specific proposal including the impact that Act 141 would have on the ability of 28 school districts to raise their revenue limit.
This afternoon, the Joint Finance Committee will take up the K-12 funding in accordance with the compromise released late last week. At this time, no additional information has been provided in writing and there are many outstanding questions. A copy of the motion will be summarized as soon as we have access to those details. I encourage you to contact your legislators and share how the current proposal would impact your district finances next year. A sample of an email can be found here.
Find your state legislators here. Please reach out if you have questions.
Additionally, the Assembly Committee on State Affairs will hold a hearing on AB 321 which is the literacy proposal introduced tangentially to the $50 million proposed set aside in the state budget. Ultimately while we all want to see an investment in our students’ literacy attainment but this sweeping bill being rushed through in the assembly, and it contains too many logistically unworkable scenarios, unanswered questions and retention requirement that research has proven is not in the best interest of all children. An example of communication on this issue can be found here.
I encourage you all to continue to reach out to your legislators if possible.
I will follow back as soon as more information is available.
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Joint Committee on Finance to take up K-12 Budget Tuesday
By Dee Pettack | June 9, 2023
Good afternoon –It appears JFC will be taking up the K-12 Budget on Tuesday. If you have time over the weekend or Monday morning, please reach out to your legislators to express the needs of your district. Please see my previous blog post to review the results of the negotiations between the governor and legislative leaders.
Don’t hesitate to contact me with questions over the weekend.
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Literacy Legislation
By Dee Pettack | June 9, 2023
Early yesterday, Representative Joel Kitchens and Senator Duey Stroebel introduced literacy and reading legislation that is tied to the $50 million set aside in the budget compromise also introduced later in the day. The proposal would focus primarily on our youngest learners in grades K-3. It directs schools to use phonics and the science of reading to instruct learners.
While funding is being advanced separately in the state budget to support some of the initiatives in the bill it is unlikely that the $50 million set aside would cover the requirements enumerated in this legislation. The two components are being advanced separately. You can view the co-sponsorship memo here. This bill is moving at a very fast pace and will likely be scheduled for public hearings in both houses next week. I encourage everyone to read the provisions below and take the opportunity to discuss the impact it will have on your district with your legislators.
WASB has provided a comprehensive outline of the provisions in the legislation which would require the following:
- Create an Office of Literacy inside the Department of Public Instruction to establish a program that would contract 64 Literacy coaches that would help schools statewide.
- Mandates that a Council on Early Literacy Curricula be created with a majority of members being nominated by the Senate and the Assembly. In total DPI would only appoint 3 members and the Senate and Assembly would appoint six members total. The council would recommend literacy curricula and instructional materials, if a school district wants to update their curricula, they would be required to choose from the approved list to receive funding at the rate of 50% of the cost of purchasing the new curricula. Any grants provided would be prorated if there is an insufficient amount of funding to support all schools.
- The purchase of materials that incorporate three-cueing would be prohibited going forward if the bill becomes law.
- DPI may not issue a teaching 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 to teach reading using science-based early reading instruction that includes phonics and that does not include three-cueing.
- 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.
- By January 1, 2025, DPI must establish, by rule, a model policy for promoting third grade pupils to the fourth grade. The model policy must include: 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.
- 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 at least all 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 the district’s respective promotion policy.
- The bill requires DPI to include (beginning in 2023-24) in the annual 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.
- 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, 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 no later than 45 days before the last day of school.
- 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.
- 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.
- If a pupil is identified as at-risk based on a diagnostic assessment, the bill requires the school board or independent charter school to provide information to the pupil’s parents about how to make a special education referral.
- If a pupil is identified as at-risk based on a universal screening assessment or a diagnostic assessment, the bill requires the school board or independent charter school to create a personal reading plan for the pupil. Under the bill, a personal reading plan must include various components related to addressing the pupil’s specific early literacy deficiencies, including interventions that will be provided to the pupil, how the pupil’s progress will be monitored, and strategies the pupil’s parent is encouraged to use to help the pupil achieve grade-level literacy skills. The bill further requires the school board or independent charter school to 1) provide the interventions included in the personal reading plan to the pupil, as soon as practicable; 2) monitor the pupil’s progress at least weekly; 3) provide a copy of the personal reading plan to the pupil’s parent; 4) obtain a copy of the reading plan signed by the pupil’s parent; and 5) after 10 weeks of providing the interventions required in the personal reading plan, notify the pupil’s parent of the pupil’s progress.
- DPI must pay each school board and independent charter school for the per pupil cost of each early literacy assessment required to be administered under the bill. However, beginning in the 2025-26 school year, a school board or independent charter school is eligible for the state funding provided in the bill only if the school board or independent charter school submits an annual report to DPI and in that report indicates that the school board or charter school used only selected or approved early literacy assessments in the previous school year.
- A school board or independent charter school must provide a pupil’s results on an early literacy assessment to the pupil’s parent by no later than 15 days after the applicable assessment is scored. The results provided to the parent must be in the parent’s native language and must include the pupil’s overall score, the pupil’s score on each literacy skill category assessed by the assessment, the pupil’s percentile rank score, if available, the score on the assessment that indicates a pupil is at-risk, and a plain language explanation of the literacy skills that were evaluated by the assessment. In addition, if a school board or independent charter school is required to screen a pupil using a diagnostic assessment, the school board or independent charter school must provide the pupil’s parent with information
related to characteristics of dyslexia, including information about the common indicators of characteristics of dyslexia and appropriate interventions and accommodations for pupils with characteristics of dyslexia. - The bill also requires each school board and independent charter school to have an early literacy remediation plan. An early literacy remediation plan must include information about assessments used to identify at-risk pupils, the interventions used to address characteristics of dyslexia, and monitoring pupil progress related to early literacy skills. Under the bill, each school district and independent charter school must post its early literacy remediation plan on its website.
- School boards and independent charter schools must annually, by July 15, report to DPI: 1) the number of pupils who were identified as at-risk based on early literacy assessments administered in the previous school year; 2) the number of five-year-old kindergarten to third grade pupils who began receiving literacy interventions or remedial reading services in the previous school year, by grade; 3) the total number of five-year-old kindergarten to third grade pupils who received literacy interventions or remedial reading services in the previous school year; 4) the number of five-year-old kindergarten to third grade pupils who exited literacy interventions in the previous school year; and 5) the number of pupils for whom a special education referral was made based on the results of a diagnostic assessment. The school board or independent charter school must also report the names of the diagnostic assessments the school board or independent charter school used to assess pupils in the previous school year. Annually, by November 30, DPI must compile the information it receives from school boards and independent charter schools and submit a report to the legislature.
- The bill allows the parent or guardian of a pupil enrolled in four-year-old kindergarten to third grade in a school district or independent charter school to file a complaint with DPI if the parent or guardian believes that the school is not in compliance with requirements in the bill. Under the bill, DPI must issue a determination on whether the school is complying and, if the school is not in compliance, describe the actions that must be taken for the school to be following the applicable requirements. If a school board or independent charter school continues to fail to comply with the requirements in the bill, the bill allows an individual who filed a complaint with DPI to bring an action in circuit court to compel the school to comply with the requirements created in the bill.
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Budget Compromise Announced
By Dee Pettack | June 8, 2023
Today, Governor Evers and GOP legislative leaders announced they had reached a deal on a shared revenue package for local governments which included a deal on K-12 education funding in conjunction. The compromise package includes over $1 billion in spendable revenue for public school districts.
While all the details on the overall package will be forthcoming this is what we know about the proposal now:
- Maintain two-thirds funding for public schools.
- There is over $1 billion in spendable revenue with additional categorical aids possibly being included.
- Each fiscal year there will be a $325 per pupil increase in revenue limits.
- Increase in the low revenue ceiling from $10,000-$11,000 per student.
- $30 million will be invested to support school-based mental health with the intent to move away from competitive grants to statewide distribution.
- In additional $97M Reaching 33.3% reimbursement for special education.
- Provide $50 million toward a reading initiative that is still in development.
The compromise also includes an increase in the per pupil voucher payments as follows:
The voucher per student increases are as follows: K-8 from $8,399 to $9,500 and Grades 9-12 from $9,045 to $12,000. Charter school payments increase from $9,264 to $11,000 per student.
As details of the proposals of announced, SAA will provide talking points for not only the biennial budget proposal but also the forthcoming reading proposal linked the $50 million in the budget proposal.
Media Statements:
Republican Legislative Leaders
Legislative Fiscal Budget Papers:
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Legislative Alert on Literacy
By Dee Pettack | June 8, 2023
Republican Legislators have scheduled a press conference for 9am today to introduce their proposal on K-12 literacy. SAA was able to view a draft of the proposal late yesterday and anticipate the introduction of the final proposal today.
The draft proposal was wide ranging including items such as required training, adoption of a statewide literacy screener and the development of a third-grade retention policy and approved list of curricula.
When the final draft is made available, SAA will provide a summary and copy of the legislation. For those who wish to view the press conference – you can find it here.
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ESSER Funds & 2023-25 State Budget Update
By Dee Pettack | June 6, 2023
ESSER Funds Update from DPI:
Education partners, DPI is pleased to share the attached information sent by the US Department of Education confirming that the Fiscal Responsibility Act of 2023, which suspended the Federal debt ceiling, does not impact formula-driven COVID-19 relief funds awarded under the Elementary and Secondary School Emergency Relief (ESSER) program, the Emergency Assistance to Non-Public Schools (EANS) program, the Governor’s Emergency Education Relief (GEER) program, or the American Rescue Plan Elementary and Secondary School Emergency Relief – Homeless Children and Youth (ARP-HCY) program. LEAs should continue to spend and claim these funds according to their DPI approved budgets and plans by their federal deadlines (September 30, 2023 and September 30, 2024).
Fiscal Responsibility Act of 2023 and COVID 19 Relief Funds Letter
Budget Update:
The Joint Finance Committee is only meeting on Thursday this week. Generally, most budgets are completed by the July 1st deadline. Governor Evers’ first two budgets were passed by the Committee on June 11, 2019, and June 17, 2021.
The 2023-25 budget appears to be moving at a slower pace than most budgets in the last few decades. Major items, like K-12 spending are being held up due to negotiations on shared revenue (funding for local governments).
Twice in the past 20 years the committee has completed its work by now, once in 2013 under Gov. Scoot Walker it finished June 4th after a grueling all-night session. Two budgets in the past 20 years were unable to advance the bill out of committee by June 30th. In 2015, JFC sent the budget to both houses on July 2nd. In 2017, disagreements between the houses, largely related to the amount of bonding to spend on transportation kept the bill in JFC until September 5th.
Additional updates will be forthcoming – please use this time to reach out to your legislators to express the needs of your school district and the impact significant investments in general, flexible, spendable aid, special education aid and mental health would have on your school district.
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