The seven members of the Wisconsin Supreme Court hear oral arguments in 2023. (Henry Redman | Wisconsin Examiner)

The Wisconsin Supreme Court heard arguments Thursday in a case related to a statewide literacy program that considers Gov. Tony Evers’ partial veto power and lawmakers’ handling of emergency funds.

The case comes as the result of the last state budget and efforts by state lawmakers, Gov. Tony Evers and the Department of Public Instruction to overhaul literacy programs in Wisconsin. 

During the 2023-25 budget cycle, lawmakers placed $50 million aside in an emergency fund controlled by the Joint Finance Committee that was meant to go towards funding new literacy programs. Lawmakers also passed AB 321 — now 2023 Wisconsin Act 20 — to establish the policy portions of the initiative, which included creating a new office in the Department of Public Instruction and instructing the agency to hire literacy coaches and create a grant program. 

Lawmakers subsequently passed SB 971, now 2023 Wisconsin Act 100, to create a mechanism for DPI to spend the money when the funds were transferred. A partial veto by Gov. Tony Evers caused lawmakers to sue, saying it wasn’t an appropriations bill therefore not subject to a partial veto.  Evers argued that the law included an appropriation and further asserted that DPI has been urging lawmakers to release the funds, which will lapse back into the state’s $4 billion budget surplus if not used before June 30.

Before the Supreme Court heard the case, a Dane County judge had ruled Evers’ veto proper, but said there wasn’t a case for the release of the funds. Both parties appealed to the Wisconsin Court of Appeals, but the Wisconsin Supreme Court agreed to take the appeal directly

Assistant Attorney General Charlotte Gibson, the Department of Justice lawyer for DPI and Evers, argued that lawmakers don’t have the power to withhold the money and the court should order the release of the money to DPI. 

The issues at hand, Gibson said, “reflect an interlocking strategy to control how the executive branch spends funds and to limit the governor’s partial veto power. It involves dissecting appropriations into multiple bills and crediting funds set aside for executive agency programs to [the Joint Finance Committee] to control their destination and use. Those efforts are illegal, and they misread the governor’s veto authority.” 

Gibson said that the intention of the law, and the money being placed in the emergency fund, was to give money to specific agencies for specific purposes. A brief notes that “over the past few decades, the Legislature has increasingly used that appropriation not for emergencies, but rather to fund anticipated expenses through a legislative committee that purports to retain veto power over how the executive branch spends appropriated money.” 

Gibson said that the purpose of the emergency fund statute was not to serve as “a holding pen for lots of money that the Legislature wanted to give [the committee] power over,” but lawmakers are using it “to say, actually, we can spend it on whatever purpose…” 

“We think to correct the constitutional violation here, this agency can order those funds to be released,” Gibson said. 

Justices questioned Gibson on why the funds would need to be released to DPI if there was never an appropriation.

“The reality is the money’s sitting in a fund right now, and it hasn’t done anything with it,” Justice Rebecca Dallet said. “For all, we know they are going to use it for an emergency and not give it to anybody for anything else … that just hasn’t happened yet.”

Gibson replied that DPI has asked for the money and lawmakers haven’t given it to the agency. 

“But, I’m saying, [JFC] hasn’t appropriated it anywhere,” Dallet said. “Is DPI having an emergency where you think this is emergency money that you should get…?” 

“No, we think it’s unconstitutional for DPI not to get the money.” Gibson said. 

“Even if you were right, that the statutory structure here is constitutionally problematic, I still don’t see how you win and get the money, because that is not what the law says,” Justice Brian Hagedorn said. “There’s no provision of law that actually gives the money to DPI or appropriates the money to DPI.”

Gibson noted that the co-chairs of the committee Sen. Howard Marklein and Rep. Mark Born have said the money is earmarked for the purpose of the literacy programs. 

“What we’re struggling with is that we understand that there are hints and clues, earmarks — so different from an appropriation — and the way I’m looking at it, it could probably be parked in that fund indefinitely and that’s where I’m struggling with what’s the legal nexus,” said Justice Janet Protasiewicz. 

Ryan Walsh, the attorney representing the Legislature, argued Evers’ veto was inappropriate because the bill was not an appropriation bill, and that the remedy should be that the bill is law as passed by the Legislature, without Evers’ veto. 

“You can’t have an appropriation bill that makes no appropriation. It just doesn’t make sense,” Walsh said. However, he also said that if he is wrong then it means the law was improperly enacted because lawmakers passed it by voice vote, not roll call as is required of appropriations bills. 

Walsh said that under his argument the money would stay in JFC and go back to the treasury at the end of the biennium. 

“It doesn’t go to DPI,” Walsh said. “There is no obligation for [JFC] to disperse this money.” 

Justice Jill Karofsky said that she didn’t disagree about the discretion of the committee, but asked about the potential for lawmakers to abuse the discretion. 

“There aren’t really any guardrails here,” Karofsky said. 

Walsh said abuse “just doesn’t happen.” 

“What would stop the Legislature from emptying every last dollar of the Wisconsin treasury into a [JFC] emergency account?” Karofsky asked further. 

Walsh said many things could prevent that from happening, including the governor refusing to sign a budget that does so. 

Walsh also said the emergency account is a small portion of the state budget. He said that in the last 10 years the percentage of the budget that has gone to the supplemental account has ranged from 0.06% in the 2017-19 budget to 0.33% in the 2021-23 budget.

Justice Ann Walsh Bradley said she thought “part of why we are here [is] that some want us to take a look at this structure — allowing JFC to have this discretion — and that to not address it would be a rather lame opinion.”

Walsh said that he didn’t think the Court needed to reach the constitutional question. 

“I don’t think anybody is insisting that you decide whether [Wisconsin should retain the] supplemental funding structure, which has been in place a long time, and by the way, the governor and the Legislature are assuming it’s still in place,” Walsh said. “We have a new budget pending… There are lots of reasons to be cautious here.”

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State Superintendent Jill Underly won a second term in office Tuesday evening. (Photo by Baylor Spears/Wisconsin Examiner)

Incumbent Jill Underly, who had the backing of the Democratic Party of Wisconsin, won a second term as state superintendent on Tuesday, defeating education consultant and Republican-backed candidate Brittany Kinser. 

“I’m just deeply honored and humbled for the trust you have placed in me to continue as state superintendent for public instruction,” Underly told supporters at her Election Night party. “This victory belongs to all of us who believe in the power of public education, but for every educator, family, and most importantly, kids across our state.”

The Associated Press called the race at 10:05 p.m. with Underly leading by more than 5 points and with more than 80% of the votes counted.

Kinser’s campaign released a statement shortly before 10:30 p.m. in which she acknowledged the result was “not the outcome I had hoped for.”

“Our kids’ future shouldn’t rest on the politicization of our education system, but on the belief that our kids deserve so much better than they currently receive,” she said.

The state superintendent, a technically nonpartisan position, is responsible for providing guidance for the state’s 421 public school districts, leading the Department of Public Instruction (DPI)  — an agency responsible for administering state and federal funds, licensing teachers and developing educational curriculum and state assessments — and also holds a position on the University of Wisconsin Board of Regents. 

Underly received the endorsement from Wisconsin Education Association Council (WEAC), the state’s largest teachers’ union, and AFT-Wisconsin. The Democratic Party of Wisconsin contributed over $850,000 to her campaign. While Underly had the backing of the state Democratic party, Democrat Gov. Tony Evers refused to endorse in the race. 

WEAC said in a statement that the “victory inspires the public school educators who work with students every day to be even more visible and more involved in education policy deliberations to solve staffing shortages and the state funding crisis that forces communities to referendum every year to keep the schoolhouse doors open” and that the result is a rejection of “the school voucher lobby in favor of educators, so all students – no exceptions – have the opportunity to learn without limits and unlock their dreams.”

Kinser had never worked in a traditional Wisconsin public school and received criticism during the campaign for never holding a Wisconsin teachers’ license and allowing her administrator’s license to lapse, though she eventually updated it. She had also worked mostly in charter school circles in recent years, including as principal and executive director of Rocketship schools in Milwaukee and as a leader of the City Forward Collective, a Milwaukee-based advocacy group that has lobbied in favor of increasing funding for the state’s voucher program.

With her background, Kinser, who describes herself as a moderate, found support from Republicans and school choice advocates, receiving over $1.6 million in contributions from the Republican Party of Wisconsin.

While decisive, Underly’s victory was by a narrower margin than her first election in 2021, while Kinser did better than past DPI candidates who have run with the backing of the state’s powerful school choice lobby.

Underly said her takeaway from the closeness of the race is that “we need to just communicate better.” 

Throughout the campaign, Underly faced criticism from her opponent, Republicans and others for her recent approval of changes to state testing standards and poor communication with school districts. 

“There’s a lot that goes on at the agency that I think in years past, maybe state superintendents took for granted, but I think it’s important that we are communicating more,” Underly told the Wisconsin Examiner.

Underly said that the agency is working on rebuilding its relationship with legislators. 

“The Legislature and the relationship with the state superintendent hasn’t always been that great…,” Underly said. “We meet with them frequently. We meet with the governor’s office quite frequently also. I’m just going to go back to the fact that I hope that we all want the same things, regardless of where we are on the political spectrum.” 

Underly said that she also respected Evers’ decision not to endorse in the race and that her working relationship with his office is “fine.”

Throughout her campaign, Underly defended her decisions during her first term and said that she has served as “the No. 1 advocate for public education” and will continue to do so. Prior to being elected to the top DPI position, Underly worked as assistant director in DPI. She also previously served as a principal and superintendent of the Pecatonica Area School District and taught in public schools in Indiana.

Underly leaned on her advocacy for public schools while making the argument for her reelection. She introduced a budget request for the state that would have invested over $4 billion in public education, saying that it’s what schools deserved. Republicans and Evers both said it was too large. 

Democratic lawmakers said Underly’s victory is a sign of Wisconsinites’ support of public schools and will hopefully bode well for the future of securing improved funding for public education. 

Senate Minority Leader Dianne Hesselbein (D-Middleton) told the Wisconsin Examiner that Underly’s victory was a vindication of her first term in office.

“She’s had to make do with some really tough choices, and she’s done a great job for kids and for teachers,” Hesselbein said.

“We know public schools unite communities, and when we have strong public schools, we have strong communities,” Rep. Francesca Hong (D-Madison) said. “We’ve got a state superintendent who’s going to be looking out for every learner in our state, and so I’m also looking forward to the transparency and accountability that will come with ensuring that public dollars are for public schools.” 

Hong said that the lack of communication between Republican lawmakers and Underly is the fault of  lawmakers who are not interested in meeting the needs of students. She said that Underly’s win and “Republicans needing to answer to their communities who care about their public schools again” could encourage them to work across the aisle. She noted that Wisconsinites have repeatedly raised their property taxes to ensure schools have funding in lieu of reliable state investments. 

Hong also said that she thought Underly’s victory showcased that “public dollars going to private schools was a deep concern for a lot of Wisconsinites.” During her campaign, Underly criticized  her opponent for her lobbying for and support for Wisconsin’s school choice programs. She also expressed her opposition to the growth of those programs, saying it is not sustainable for the state to fund two school systems and that she would oppose dedicating more money to private school vouchers.

Underly said it’s clear that her opponent “cares about kids and she cares about kids learning,” and that something she would take away from the race is that “we all want the same things. Ultimately, we want kids to be successful.”

Brittany Kinser discussed her plans for leading the state education department at a forum with reporters Tuesday. On many issues she said she "is not an expert" and would need to learn more.High school classroom. (Dan Forer | Getty Images)

State Superintendent candidate Brittany Kinser said Tuesday she would support Milwaukee schools and advocate for reform to the state funding formula if elected, but declined to explain what she would specifically advocate for, saying that she needs more information and isn’t an expert.

Kinser, an education consultant, is challenging incumbent Jill Underly for the nonpartisan position in the April 1 election. The state superintendent is responsible for overseeing the state’s 421 public school districts, leading the state Department of Public Instruction and has a seat on the University of Wisconsin Board of Regent.

At an hour-long event hosted by the Milwaukee Press Club, the Rotary Club of Milwaukee and WisPolitics, Kinser answered questions from WisPolitics President Jeff Mayers and the audience about her stances. Both DPI candidates were invited to take part, but Underly declined. The two candidates participated in a conversation hosted by other groups last week.

Kinser has outraised her opponent partially due to the contributions she’s brought in from the Republican Party. According to recent campaign finance filings, Kinser raised $1,859,360 from Feb. 4 through Mar. 17. The Republican Party of Wisconsin contributed $1.65 million, and other political organizations $8,380, while individuals contributed $200,980. 

Underly raised $1,063,866 in the same time period, with $850,000 coming from the Democratic Party of Wisconsin.

Mayers asked Kinser, who has previously called herself a moderate, whether the support makes her “uncomfortable” because she is being cast “as the conservative Republican individual” in the race.

“I’m very thankful for all of my supporters. I’m thankful for the Republicans, the Democrats, the independents who have supported me,” Kinser said.

Kinser spoke to some of the issues that Milwaukee Public Schools, the state’s largest school district, has faced in recent years, including the financial crisis that led to audits by the state, recent results from the “nation’s report card” that show wide racial achievement gaps in the district, and reports of lead in schools. Kinser, who has worked in the charter school sector in Milwaukee in the past and is from Wauwatosa, has repeatedly criticized her opponent for problems in the district.

Kinser said she thinks some of the problems are a result of the governance and leadership of the district and said she is excited about the recently hired MPS superintendent. 

Brenda Cassellius, a former superintendent of Boston Public Schools and former Commissioner of the Minnesota Department of Education, started her tenure earlier this month — taking over a vacancy left by the former superintendent who resigned after details emerged of a financial crisis at the district.

“We all need to support her because her successes are children’s success, so we need to make sure that she has the support she needs,” Kinser said. 

She said she hasn’t spoken to Cassellius yet.

“I’ve been a little busy, but I hope to meet her,” Kinser said. “If I get elected, she’ll be definitely on the top of my list to reach out to.”

Kinser said that she hopes Cassellius will “create very clear goals on what she wants to see with operations and academics, financials, and that she can meet those goals.” If the problems persist after some time, that would be the time for the state to step in, she said. 

Kinser said she hasn’t supported splitting up the district — as Republicans have proposed in the past — but she would be open to discussing the possibility. 

“I think that would actually cause more bureaucracy,” Kinser said. “If that’s what the community wanted, I’d be supportive as long as we could show the kids would have better results, that kids can learn how to read, they’re not going to be poisoned by lead — all of those things.”

Kinser said she wants to open a DPI office in Milwaukee to work with the district. 

When it comes to funding, Kinser said MPS gets a lot of money per child, but said special education is underfunded. 

“I want to make sure we have an increase,” Kinser said. She has said that she thinks the current reimbursement model for special education costs is outdated and would want to look to other states to see if there is another way to do it.

Kinser again said that she would want to help modernize the state funding formula, but she didn’t provide specific suggestions. She said she would want to look at other states and consult with others when asked about her ideas for modernizing the funding formula. She named Florida, Colorado as states with funding models she would want to look at.

“I would hire someone to help me do this work because I am not a financial expert in school funding and so would have to look and see what they’re doing in other states,” Kinser said.

She also emphasized that the ultimate decision wouldn’t be made by the state superintendent.

“We could provide ideas. The Legislature and the governor have to sign off. I’m not a lawmaker,” Kinser said. “People talk about this role as if it were a lawmaker.”

While the state superintendent recommends an education budget, the final proposal comes from the governor’s office. For the 2025-27 budget, which state lawmakers will take up starting in April, Underly submitted a proposal to increase public education by $4 billion. Gov. Tony Evers trimmed that back to more than $3 billion before submitting his draft budget. 

Kinser declined to weigh in on whether Evers’ recommendation was “right or wrong.” 

“I haven’t created my own state budget,” said Kinser, who is making her first run for public office. “I just started this 100 days ago, but I would want to make sure that it’s something that is possible because you want to be taken seriously by the Legislature and the governor.”

Across the state, many school districts have held referendum votes in the last couple of years to increase local property taxes, covering budget shortfalls. 

Kinser said she agrees there are too many referendums, but also said she hadn’t thought about whether the state is relying too much on property taxes for school funding. Asked if the state should rely more on sales tax or the income tax to fund schools, Kinser said she thinks the state would probably need to rely on both.

“I don’t know. Like I’m telling you, I’m not an expert in that,” Kinser said. “I promise to learn more about it [and] try to find the best way for communities, but I don’t want to say something that I’m not an expert in.” 

She added that she would seek advice on such matters. “I promise to have experts around me to answer these questions that you’re [asking], talk with Republicans, Democrats, independents, anyone that owns a home, that has children, worried about their kids,” Kinser said. 

Kinser has never held a teacher’s license in Wisconsin, and she recently updated her Wisconsin administrator’s license after a Milwaukee Journal Sentinel report that her license had lapsed in 2024.

She emphasized that there is no requirement in state law that the state superintendent hold a teacher’s or administrator’s license

“We’re not trying to be a teacher or a principal in the school. You don’t need that. You just need to be a citizen of Wisconsin,” Kinser said. She added that she has a varied background with experience as a special education teacher as well as a charter school principal and leader, but that getting licensed in Wisconsin was difficult.

Kinser, who supports school choice and has lobbied for increased funding to voucher schools, was also asked about a report from the Journal Sentinel published Tuesday morning. The report found that a Milwaukee-based virtual private school received millions of dollars from the state despite being virtual — blurring the lines between the state voucher program, which uses state funds to send students to private and charter schools, and homeschooling, which isn’t eligible for state funding.

“Does that bother you as an educator that there’s this virtual school that’s getting this much state money?” Mayer asked.

“I would have to look into this,” Kinser said. “I did not read the article today. I was not made aware. Sounds like there’s some controversy there.”

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Brittany Kinser headshot. Photo: courtesy of campaign. State Superintendent Jill Underly speaking at a rally in the Capitol. Photo: Baylor Spears/Wisconsin Examiner.

State superintendent candidates, incumbent Jill Underly and education consultant Brittany Kinser, answered questions about public school funding, the state’s voucher program and working with the Legislature during an online forum Wednesday evening.

The forum was hosted by the Wisconsin Public Education Network (WPEN), the NAACP, the League of Women’s Voters and Wisconsin Early Childhood Action Needed and moderated by Kevin Lawrence Henry, Jr., Associate Professor of Educational Leadership and Policy Analysis at UW-Madison.

The race for the nonpartisan office will appear on voters’ ballots April 1 alongside the high-profile state Supreme Court race. The state superintendent is responsible for overseeing Wisconsin’s 421 public school districts and leading the Department of Public Instruction (DPI), which administers state and federal funds, licenses teachers, develops educational curriculum and state assessments and advocates for public education.

Underly, who was elected to her first term in 2021, said she has the relationships, experiences and “deep knowledge of what it takes to lead Wisconsin’s public schools.” She said that she is “100% pro public school” and said that improvements have been made to Wisconsin’s education system, but there is more work to be done. 

Kinser said that her “vision for Wisconsin education is that 95% of children will be able to read well enough to go to college, have a career or a meaningful job or master of trade” and is running “to restore our high standards.” She referenced the recent changes approved by Underly in 2024 to state testing standards, but this was the only mention of what has become a major issue among the candidates and state lawmakers who have launched an audit into the changes and passed a bill to reverse them.

Both candidates said the state’s educational gaps must be addressed, but had varying answers on how to do that. According to the 2024 National Assessment of Educational Progress (NAEP), about three out of every 10 fourth graders and eighth graders were at or above proficient levels. 

“We have got to take accountability at the state level for how our children are learning or not learning… This is a crisis,” Kinser said. “That’s why I got into this race. We have got to hold ourselves accountable. We have got to make it transparent. We have to make sure that it’s easy for all of us to know the information right now.”

Kinser said she has been researching some of the best practices around the country and wants to bring “more transparency and predictability” to DPI. 

Underly said the gaps are “absolutely unacceptable.” She said they know how to solve the problem but that “it takes money and it takes effort.” 

Both candidates said they would want to look at the state’s funding formula for schools, though Underly said that the state’s school choice program, which allows students to attend private and independent charter schools using public dollars, is draining needed resources from public schools and making problems worse. 

“It goes back 30-plus years to [former Gov.] Tommy Thompson and his effort to defund public schools and send funding to unaccountable voucher schools, and this goes back to the refusal of the Legislature to fund public schools and the efforts that they make to defund public schools,” Underly said. “I say, give us the tools we need to do the work, and we can get it done.”

Underly added that she would have to sue if the Legislature continued not investing in schools, as required by the state constitution.

Kinser said that she would also want to look at the funding formula. She said that throughout her campaign she has learned that most people agree that the funding formula is “broken” and is in need of “an upgrade.” She also said that she would be interested in examining whether there is a better way to fund special education costs other than through the current reimbursement system. 

“Schools are operating with limited resources, are concerned and tired of actually paying the referendums,” Kinser said. “Wisconsin’s funding formula needs to be modernized, and I promise to be a leader in that… I have relationships on both sides of the aisle and rapport with the governor’s office. We have to make sure that it’s updated.” 

Underly said that she has worked to develop relationships with legislators, and has worked to “foster productive dialogue, even when we don’t agree.” She noted that collaboration between DPI and the Legislature helped get Act 20, a law that implemented new literacy requirements, passed.

Kinser took credit for helping get Act 11 passed in 2023. The bill provided a historic funding increase to independent charter schools and private schools participating in the Parental Choice Programs and raised the revenue ceiling for public schools to $11,000 for the 2023-24 school year.

“It was the Republicans plus five Democrats in Milwaukee,” Kinser said about the lawmakers who supported the bill. “The governor’s office signed that bill, so it was a group effort to get more funding for all the schools and then some other areas that the governor prioritized.”

Kinser, during her time at the City Forward Collective, a Milwaukee-based school choice advocacy group, lobbied for a bill that increased funding to Wisconsin voucher schools.

While most of the conversation throughout the forum was cordial, the candidates butted heads at the end over Kinser’s lack of a teacher’s license and her support of the state’s choice program. 

A report from the Milwaukee Journal Sentinel in early February found that Kinser has never had a teacher’s license in Wisconsin and had let her administrator’s license lapse.  

“I don’t believe she fully understands how public schools work in Wisconsin,” Underly said. “She’s made this claim routinely, for example, that only three in 10, or 30 percent of kids, are able to read, or that they’re college ready, and that makes absolutely no sense. We’ve made incredible gains in Wisconsin — how can we be sixth in the nation? And I think my vision has had a lot to do with that.”

Underly also underscored Kinser’s background as a lobbyist advocating for school vouchers and independent charter schools. 

Kinser pushed back noting her varying experiences in the education field including a decade in Chicago Public Schools as a special education teacher and at the district level and about a decade as a principal and in leadership at a charter school in Milwaukee. She also clarified that she recently retained a license again.

“I paid the $185 to update my license… It was so difficult to move my license in from New York and Illinois to Wisconsin,” Kinser said. “I would hope Dr. Underly would understand this as she has said she understands that the teacher shortage is real.”

According to state records, DPI received Kinser’s application and payment on Feb. 25.

Kinser also said the claim that she is a school “privatizer” isn’t true, although she supports school choice. She said when it came to funding she was “lobbying for equal funding for all of our children.”

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An empty high school classroom. (Dan Forer | Getty Images)

It’s unlikely the candidates for state Superintendent will debate ahead of the April 1 election with incumbent Jill Underly turning down three opportunities and education consultant Brittany Kinser declining one. 

The race for the nonpartisan state superintendent will appear on voters’ ballots alongside the high-profile state Supreme Court race. While the race is not as high profile as the campaign for Supreme Court, the results will be consequential for education in Wisconsin. The winner will be responsible for overseeing Wisconsin’s 421 public school districts and leading the Department of Public Instruction (DPI) — an agency whose responsibilities include administering state and federal funds, licensing teachers, developing educational curriculum and state assessments and advocating for public education.

Underly, who is running for her second term in office, is running on a platform of advocating for the state’s public schools and has the support and financial backing of the Democratic Party of Wisconsin. Kinser, who is running on a platform of improving reading and math education, is a school choice advocate and has the backing of Republicans, with financial support from the Republican Party of Wisconsin and backing from billionaire Republican mega-donors.

Underly, after missing a Wispolitics forum ahead of the primary, told the Examiner that February was a busy month and she would be open to attending a forum in March before the primary. The day of the Wispolitics meeting Underly said that she had to attend a meeting of the UW Board of Regents and also attended a press conference about federal payments not going out to Head Start programs. 

“March is not as busy,” Underly said at the time. “I have other meetings and things that are standard, but like, February is just unreasonable… You’re traveling so much and you’ve got a lot of obligations, so it’s hard right now, so yes, you know, next month, if there are forums and I don’t have a standing conflict.”

Since the primary, Underly has declined three debate opportunities. 

The Milwaukee Press Club along with WisPolitics and the Rotary Club of Milwaukee will host an event March 25, and said it invited both candidates to participate but Underly’s campaign spokesperson said she was unavailable. 

Marquette Law School’s Lubar Center for Public Policy Research and Civic Education will host an event with Kinser on Thursday. Kevin Conway, Associate Director of University Communication, said the center extended invitations to both candidates for a general election debate ahead of the February primary. 

“While all candidates agreed in concept, the Lubar Center was subsequently unable to confirm a program time with the Underly campaign,” Conway said. “Given the circumstances, the Lubar Center pivoted to offering “Get to Know” programs to both candidates, and the Kinser campaign accepted.”

WISN-12 had invited both candidates a chance to debate on UpFront, the channel’s Sunday public affairs program. 

“So far, we cannot get both candidates to agree on a date,” WISN 12 News Director Matt Sinn said in an email.

Underly said in a statement to the Examiner that her job as superintendent “requires every minute I can give it, which means making choices which matter the most for our kids’ future, and advocating on their behalf every single day.” 

Underly has agreed to a forum being hosted by the Wisconsin Public Education Network, a nonpartisan public education advocacy group, and the NAACP. 

“Unfortunately the dates did not work for other debates, but we were able to agree to the Wisconsin Public Education Network forum, which is the forum for the education community,” she said. 

WPEN Executive Director Heather DuBois Bourenane said WPEN had communicated with all of the candidates about a general election forum before the primary and the NAACP followed up with Kinser after the primary. 

Kinser’s campaign ended up declining.

DuBois Bourenane told the Examiner that the group is hoping Kinser will reconsider, noting that they want to have a “fair and friendly” conversation with the candidates to talk about their “vision for Wisconsin kids.” She said the League of Women Voters was also supposed to cohost the event, but the group doesn’t sponsor events where only one candidate participates. 

“It’s unfortunate that voters aren’t going to have an opportunity to hear from the candidates directly,” DuBois Bourenane said. “We hope Ms. Kinser will reconsider… We would love to have her at the event, and as we said in our email, make every effort to make sure that it’s fair and that the questions reflect the concerns that are most pressing to Wisconsin kids.”

Underly said that Kinser’s decision to decline “speaks volumes that after working for years to defund public schools she doesn’t want to show up and answer questions from public school advocates.”

Kinser’s campaign noted Underly declined each forum being hosted by members of the press, and accused Underly of “hiding.” 

“Wisconsinites deserve to hear from the candidates who will be responsible for our children’s future. Brittany Kinser has, when possible, made herself available to any organization, group, or voter who wants to learn more about her plans to restore high standards so every student can read, write, and do math well,” the campaign stated, adding that Kinser would continue meeting with voters ahead of Election Day.

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The heads of the DOA and DSPS both spoke with lawmakers Tuesday. Wisconsin State Office Building. Photo by Baylor Spears/Wisconsin Examiner.

The Wisconsin Assembly Government Operations, Accountability, and Transparency (GOAT) Committee questioned leaders of government agencies about telework policies, use of work space and cybersecurity during its first public meeting Tuesday. 

The committee was formed this session to serve as the Wisconsin version of the Department of Government Efficiency (DOGE) project launched by President Donald Trump and led by billionaire Elon Musk. 

There are some similarities between the efforts. The acronyms come from internet pop culture: GOAT refers to the “greatest of all time” and DOGE comes from a 2013 meme and a later cryptocurrency. Both are purported to address potential “waste, fraud and abuse” in government. But whereas Musk and DOGE’s work has been quick and widespread, with attempts to fire thousands of federal employees and a goal of ending $1 trillion in government spending, the GOAT committee is starting off more slowly.

Committee chair Rep. Amanda Nedweski (R-Pleasant Prairie) said that Tuesday’s informational hearing was scheduled due to “increased demand from the public for transparency and efficiency in government” and to look at telework practices in state agencies. She also repeated her intent for the committee to be “very close to the public” and ensure there is transparency for how taxpayers’ money is being used.

The extent of remote work by state employees has been an ongoing point of criticism among Republican lawmakers since the COVID-19 pandemic. Nedweski and Sen. Cory Tomczyk (R-Mosinee) recently introduced a bill to require state agency employees to work in person at state agency offices starting on July 1. 

During the hearing, the committee heard from the Legislative Audit Bureau about a 2023 audit on telework. Hearing witnesses also included leaders of the Wisconsin Department of Public Instruction (DPI), Department of Administration (DOA), Department of Safety and Professional Services (DSPS), Department of Health Services (DHS) and the Universities of Wisconsin, as well as some leaders of private businesses. 

Testifying for DPI, Deputy Superintendent Tom McCarthy said that telework policies have been helpful for allowing the agency to hire employees. DPI Superintendent Jill Underly was absent, which Rep. Shae Sortwell (R-Two Rivers) pointed out multiple times during the meeting. 

“We’re never going to compete. We’re never going to be able to punch dollar for dollar at salary for the private sector, especially in IT or high demand fields, so the flexibility that we can provide staff is the thing that continues to allow us to pull larger applicants around the state to some of those very hard to fill jobs,” McCarthy said. 

McCarthy also said the department has made changes since the audit. 

“We are constantly trying to find ways to improve the productivity of our workforce and make sure that we are serving our partners well in the field, as well as taxpayers in general, being available and being current with best practices,” McCarthy said.

One of the biggest changes, he said, was that the agency looked at the amount of time employees were working in-person versus remotely and said they have tied reductions in the amount of time working in person to a reduction in available work space. 

While Nedweski sought to keep conversation focused on telework throughout the hearing, Sortwell, who serves as vice-chair, asked about spending related to a diversity, equity and inclusion conference DPI hosted. Sortwell recently launched inquiries to county and city governments in Wisconsin about their DEI policies.

Nedweski sought to cut that conversation short, however. “We have lots of people here today, totally, and we’re going to try to stay on topic,” she said. 

Department of Administration Secretary-designee Kathy Blumenfeld agreed that allowing more remote work has helped the state fill openings more easily. She said the vacancy rate for the Division of Enterprise Technology, which is the agency’s IT department, dropped from 12% to under 6% after the start of its “Hire Anywhere in Wisconsin” program.

Blumenfeld also noted that the agency has made some changes since the audit by updating its space standards. Permanent desks are reserved for employees who typically need to be in the office three days a week, she said, while those in the office less than three days a week have access to smaller work stations. She said the state has also revised its policy for documenting work agreements. 

Nedweski questioned how the agency is managing its employees who  work remotely and how Wisconsin taxpayers can know that they are “getting maximum productivity” from state employees.

Blumenfeld turned the question back on the public. 

“Are they getting the services that they expect?” she asked. “I mean, when something goes south we usually hear about it and we investigate and look… is it a people issue? Is it a process issue? Is it a technology issue? What’s causing this?” She added, “I would say to the people of Wisconsin, if you’re not getting the services you expect, let us know.”

Rep. Mike Bare (D-Verona) asked what the consequences could be for rolling back state policies to what they were pre-pandemic. 

Blumenfeld said that the agency has worked to decentralize decision making when it comes to remote work so that people can evaluate each position and the amount of in-person versus remote work is necessary for the job. She said that eliminating remote work policies would also affect  the agency’s ability to compete for employees with private sector businesses. 

Blumenfeld noted that young employees especially have different expectations from those of  older employees.

“The way they work is so different. Of course, they expect to have flexibility in their job and they expect remote,” Blumenfeld said. “They’ve tasted it. They felt it. It’s what they know, and it is totally in our future.”

Universities of Wisconsin President Jay Rothman told lawmakers that in his perfect world everyone would be in the office every day, but that it would be hard to “put the genie back in the bottle” at this point. 

Rothman said the UW System has to be an attractive employer and would have trouble attracting and retaining people with  a strict five-day in office work policy. He said the UW system is also looking at combining office spaces.

“The cost of losing people is often more expensive,” Rothman said.

Nedweski pushed the question of productivity. 

“Has there been an analysis performed in positions as to is a job done more productively in person or remotely or in hybrid?” she asked. “Has an analysis been performed or are we just moving into this hybrid, telework world permanently because it’s what the workforce is demanding?” 

Rothman said there isn’t a simple way to measure productivity in the university system’s work. He said employees have specific objectives that they’re required to fill and that guide evaluations. 

“We don’t measure how many widgets did we manufacture today, because that’s not what we do,” Rothman said. “We don’t have the ability to check keystrokes… I’m fine if people are sitting there thinking about something really creative and something new to do. They may not touch a keyboard for two hours. They may have been incredibly productive in that environment, so I think it comes down to an individual by individual determination… I’m proud of the work that they are doing in support of the 164,000-plus students.” 

Nedweski also brought up the capital requests from the UW System. Gov. Tony Evers announced a sweeping proposal this week that includes $1.6 billion in investments for UW System capital projects. 

“If people are going to be teleworking more and more, I have a hard time justifying investment in new buildings that house people who are mostly going to be teleworking,” she said. 

Rothman noted that the majority of the system’s capital requests were not for administration, but are rather for students and staff. “We’re not trying to build substantial edifices for our administration,” he said. “We’re focused on our students.”

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Gov. Tony Evers said Trump's tariffs on Canada, Mexico and China would impact everyone. Photo by Baylor Spears/Wisconsin Examiner.

Gov. Tony Evers criticized congressional Republicans Tuesday, saying that the impact of President Donald Trump’s tariffs will be “significant” and felt by everyone, especially Wisconsin’s farmers. 

Trump’s 25% tariffs on imports from Mexico and Canada and increased tariffs to 20% on goods from China went into effect Tuesday morning. Both China and Canada have announced retaliatory tariffs against the U.S., and Mexico has threatened them. The sweeping tariffs are expected to increase costs for Americans on everything from fresh fruit to electronics to cars.

“It sucks, it’s bad — no good,” Evers said at a WisPolitics event. 

About half of Wisconsin’s exports go to the three countries. 

“It’s gonna impact our farmers, let’s just think about how that plays out. They’re the chief buyer of our products” Evers said after the event. “Let’s just talk about cheese. We won’t be able to sell that… Now, is that a big deal for Wisconsin? Not everybody eats cheese, right? But it’s a $1.8 billion industry, and it’s going to be just crushed.”

Evers accused congressional Republicans of abdicating their duty in allowing the tariffs to move forward.

“I am just so disappointed in Congress,” Evers said at. “There is no legislative branch. … If Congress thought this through for two minutes, they would understand how bad tariffs are.” 

Evers told reporters that his administration will work to challenge the tariffs in court, but that “at the end of the day, we gotta get Congress to do something. 

“Is there anybody on the Republican side that believes what’s happening in DC is appropriate? I think there are a whole bunch. … They’re just afraid to come out and talk about it,” Evers said. 

The tariffs are being implemented in the midst of Wisconsin’s state budget cycle. 

Evers has proposed increasing the state’s budget by about 20%, including hiking K-12 and higher education spending and cutting taxes. The increases would be funded with revenue from the federal government, state taxes and the state’s $4 billion budget surplus.

Evers said the tariffs and potential federal funding cuts could “of course” affect the budget, and that the threats are making it difficult to plan. His plan would not spend the whole surplus, but would leave the state with over $500 million in the state’s “checking account”, which he had said was because of the unpredictability of the Trump administration. The state also has a rainy day fund of about $1.9 billion.

“We weren’t certain about the economy. We weren’t certain about what’s going to happen in Washington D.C. … I’m questioning whether that $500 million is enough to help us get through this,” Evers said. 

Superintendent race and DPI 

During the event, Evers also again declined to endorse a candidate in the upcoming state Superintendent race. Incumbent Jill Underly, who has Democratic-backing, is running against education consultant Brittany Kinser, a school voucher proponent with Republican-backing.

“I’m not putting myself into that race,” Evers said, noting that he didn’t endorse in the last election for the position four years ago. 

While he wouldn’t endorse, Evers did comment on issues at the center of the race, including state testing standards, school funding and Underly’s handling of the issues while in office. 

Evers said Underly’s budget proposal, which would have invested over $4 billion in public education, was too high. 

“There was no way that we could take care of schools and other issues,” Evers said. “I mean it was ridiculous.” His own proposal includes over $3 billion for Wisconsin K-12 education. Republican lawmakers have criticized both plans, saying they are unrealistic increases. 

The Department of Public Instruction (DPI) approved changes to the names and cut scores used for achievement levels on the state’s standardized tests last year — a move that Evers as well as Republican lawmakers have criticized. 

Evers said his “issue” was not necessarily the outcome of the testing changes, but rather with a lack of communication with the public about the changes. The process for the testing changes included input from over 80 educators and other stakeholders, but Evers said the changes should have been vetted publicly before approval. 

“[Underly] didn’t run it by anyone,” Evers said. 

Evers said he was “probably” going to veto a Republican bill that would reverse the recent changes and tie the state’s testing standards to the National Assessment of Educational Progress (NAEP), a nationwide assessment meant to provide representative data about student achievement. The bill is in the Senate, having passed the Assembly last month.

“I have a strong belief that [DPI is] an independent agency and they can make those decisions, so having the Legislature suddenly say ‘well, we’re the experts here and this is what the cut scores should be,’ I think that’s wrong-headed.”

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A teacher and students in a classroom. (Klaus Vedfelt | Getty Images)

An audit announced this week of changes in recent state testing standards is the latest reaction of Republican lawmakers to changes the Department of Public Instruction (DPI) approved last year in the names and cut scores for achievement levels. It also comes as state Superintendent Jill Underly campaigns for reelection facing a challenger criticizing DPI for “lowering” state standards.

Co-Chairs of Wisconsin Legislative Joint Audit Committee Sen. Eric Wimberger (R-Oconto) and Rep. Robert Wittke (R-Caledonia) announced the audit Tuesday of DPI’s decision to update terms describing achievement levels and revise the cut scores used to measure student achievement. 

Underly and DPI have repeatedly defended the changes as part of the agency’s regular process to ensure standards are kept current. Assembly Republicans passed a bill last week that would reverse the changes, requiring  the state to reinstate standards set in the 2019-20 school year and tie changes to the National Assessment of Educational Progress (NAEP). NAEP is a nationwide assessment meant to provide representative data about student achievement. 

Wimberger and Wittke noted in a statement that the recent NAEP results found that 31% of fourth grade students were at or above proficient in reading. Under the new state testing standards, Wisconsin had a proficiency rate of 48% in English/Language Arts and 49% in math. The legislators accused Underly of trying to hide the state’s literacy challenges.

The “unilateral changes to cover up DPI’s failing is absolutely unacceptable, and this audit will help us uncover exactly how and why these reporting standards were changed to stop future manipulation,” the lawmakers said.

According to the Legislative Audit Bureau, the audit could look at several topics related to the changes, including DPI’s written policies and procedures for developing the state’s annual school report card and for updating assessment cut scores. Other topics include, whether the current policies comply with statutory and administrative rule requirements, the way the agency gets input from educators and parents when developing changes, and how the process used for the recent changes versus previous years, State Auditor Joe Chrisman wrote in a memo to Wimberger and Wittke.

Deputy Superintendent Tom McCarthy said in a statement that the audit was for political purposes, noting the upcoming state superintendent election.

“Our approach has been transparent. If the Legislature were genuinely interested in this issue, and had listened to our testimony just a few weeks ago, they would understand that updating cut scores is a standard procedure whenever updates are made to our rigorous state standards,” McCarthy said. 

During a hearing on the bill to reverse the changes, McCarthy and other DPI representatives laid out the process the agency used, including a survey and consulting education experts to discuss potential changes and come up with recommendations. 

In his statement, McCarthy reiterated that the updates were recommended by experts and that  NAEP is a “national benchmarking tool” not a state accountability tool. The test is typically taken by only  a few thousand students in the state to develop a representative pool.

“It does not measure Wisconsin academic standards, which are used by teachers to deliver instruction. Comparing the two is like trying to use a thermometer to measure the length of a two-by-four — it makes no sense,” McCarthy said. “Especially since it seems NAEP is under attack by the White House, including canceling a major NAEP assessment and firing analytic staff.”

The Trump administration recently put NAEP Chief Peggy Carr on administrative leave. The Department of Education also recently canceled the NAEP Long-Term Trend exam, which measures the math and reading skills for 17-year-olds. 

McCarthy said DPI learned about the audit from a press release that “falsely states that the DPI didn’t support literacy reform.”

“Let’s be clear: we supported and still support literacy reform. The legislature, on the other hand, is still holding back nearly all of the $50 million meant to help kids learn to read. Instead of funding the solutions, they’re trying to manufacture controversy,” McCarthy said. “This newly announced ‘audit’ is not a desire to truly learn, but to lay a political hit on a state elected official in the middle of a campaign.”

State testing standards have become a central issue in the April 1 election for state superintendent as Underly’s challenger, Brittany Kinser, who is backed by Republicans, has said she is running on a platform of “restoring high standards.” 

State grants audit

Lawmakers also announced that they plan to launch an audit into the administration of state grants, which they say is meant to help examine whether there is waste, fraud and abuse in the state.

According to the LAB, the audit could look into the policies an agency has for administering grants, whether agencies are compliant with state statute and administrative rules in implementing grants, the amount of grants awarded in recent years and outcomes from those awards.

The audit request comes as lawmakers are starting the process of writing the next two-year state budget. 

Wimberger and Wittke said that given the budget it is “prudent” to look at how much is being spent on grants. 

“In the last budget, the state issued more than $44 billion in grant assistance funding. Evaluating these programs for wasteful, fraudulent, or abusive spending means we can identify and cut the fat of big government, making Wisconsin’s state government more accountable for our hardworking taxpayers,” the lawmakers said. 

A public hearing on the proposed audits is scheduled for Tuesday. 

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Rep. Benjamin Franklin speaks about his bill to require 70% of funding in schools go towards "classroom" expenses. (Photo by Baylor Spears/Wisconsin Examiner)

Wisconsin Republicans in the state Assembly passed a package of education bills Wednesday to implement new standards for standardized test scores, school funding allocations, responding to curriculum inspection requests and for keeping cell phones out of schools. 

Republicans argued that the state needs to ensure that schools are meeting certain standards, especially as they’ve provided some state funding increases in recent years and as school enrollments have declined. While Wisconsin schools did receive an increase in the last state budget, many schools continue to struggle to meet costs as funding has failed to match the rate of inflation.

“We need to make sure that, as we are increasing funding for education, we are also doing a better job, ensuring that the standards and the expectations that parents and taxpayers have across the state are being met,” Assembly Speaker Robin Vos (R-Rochester) said at a press conference. 

Vos called some school districts “disappointing”  and named Milwaukee Public Schools as an example. The district, which was  an ongoing target of Republican lawmakers throughout the debate, has experienced turmoil over the last few years with turnover in staff, a financial crisis after delays in delivering required documents to DPI and reading and math scores that show continued disparities between Black and white students.

“I’m a huge supporter of local control. There are some districts that are so broken and expect us to have to pay for it as taxpayers, either on the front end through funding the school district or on the back end with the bad decisions that are made where people make bad choices,” Vos said. “Having that statewide standards is good for Wisconsin while still maintaining the flexibility to try to get there.”

Democrats said Republicans’ focus was in the wrong place and that the proposed solutions would not help address the real challenges that schools are facing. 

Minority Leader Greta Neubauer (D-Racine) criticized Republicans for rejecting Gov. Tony Evers’ budget proposal that would invest heavily in Wisconsin K-12 education. 

Evers unveiled his complete state budget proposal Tuesday evening, calling for more than $3 billion in additional funding for K-12 schools, including to support operational costs, special education and mental health supports. 

“The level of investment from the Legislature is just not enough to provide these essential investments in our schools,” Neubauer said. “Here in the Capitol, the Legislature has failed our students … we just have not kept up our end of the bargain.” 

“Instead of bringing legislation to the floor to support our schools, teachers and students, the best the majority party can do is to fast-track a bill that would require cursive instruction,” Neubauer said. That bill — AB 3 — passed 51-46 with Reps. Joy Goeben (R-Hobart), Shae Sortwell (R-Two Rivers) and David Steffen (R-Howard) joining Democrats to vote against it.  

Test scores

Another bill focused on reversing changes to standards on state tests that were approved by the DPI last year. GOP lawmakers slammed State Superintendent Jill Underly, who is running for reelection against Republican-backed education consultant Brittany Kinser, for approving the changes in the first place.

“Something is wrong in our communication system. It is not a lack of resources. It’s a lack of willpower to do something about the problems that we know are obvious because it is the fact that we have kids who can’t read,” Vos said. He added that only lawmakers should be allowed to “dumb down” the state’s standards.

Vos said there was only one person — referencing Underly — that “needs to pay a price” and “hopefully she will in April.”

Wisconsin students take standardized tests each year including the Forward Exam for third graders through eighth graders and the ACT and PreACT Secure for high school students. 

Underly approved changes to the standards last year that included new terms — “developing,” “approaching,” “meeting” and “advanced” — to describe student achievement. Previously, the terms were “below basic,” “basic,” “proficient” and “advanced.” The changes also included new cut scores — which are the test scores cutoffs needed to qualify to be placed in each performance level. 

Underly and DPI have defended the changes, saying they were necessary to more accurately measure achievement; that educators and other stakeholders worked together to create the new measures with Underly signing off; and that it’s too late to take the state back to 2019-20 standards.

Republican lawmakers said the changes “lowered” state standards and were an attempt to “cook the books.”

AB 1 directs DPI to use score ranges and qualitative terms used on school report cards for the 2019-2020 school year and to tie the Forward exam score ranges and pupil performance categories to those set by the National Assessment of Educational Progress (NAEP). 

“There’s no legislative oversight on the scoring and assessment of our kids, so this bill will establish that,” bill coauthor Rep. Robert Wittke (R-Caledonia) said at a press conference.

“We will be once again allowed to compare ourselves to other states — let us know who’s doing well, are we on pace with them or not,” Wittke said. “Then it provides legislative oversight, so the only time these scores can be adjusted or changed is when we actually legislate.” 

Rep. Angelina M. Cruz (D-Racine), who has worked as an educator for the last 20 years, said during floor debate that a variety of student assessments are used to measure students’ learning with each serving a “unique purpose” and reflecting the “expertise of professional educators.” She said that goes for the state tests as well and said the updates to standards weren’t made in a “vacuum,” noting that this isn’t the first time DPI has made changes and it shouldn’t be the last.

“Education is dynamic,” Cruz said. “The disconnect between the reality of classroom teaching and this body and the understanding of assessments has never been more clear… This bill is not about improving education. This bill is about playing political games.” 

Cruz said lawmakers would be better served fully funding the state’s public schools. 

During floor debate, Wittke said that Democrats were repeating political talking points by talking about increasing  funding for public schools. 

The bill passed 55-44 along party lines with Republicans for and Democrats against it.

Ban cell phones

Lawmakers also passed a bill that would mandate cell phone bans in schools statewide. 

Under AB 2, school boards must require districts to adopt cell phone ban policies in their schools during instructional time. Policies would need to be implemented by July 2026 and would need to include certain exceptions in emergencies, cases involving student’s health care, individualized education program (IEP) or 504 plan and for educational purposes.

Kitchens said it was a “modest” proposal and would help schools enforce policies if they already have them and get other school districts on the same page. 

“Part of that is putting them away when it’s time to do work,” Kitchens said, adding that the bill would provide a “unified” approach for the state. During the 40 minutes of debate on the bill, some lawmakers in the Assembly chamber could be seen with their phones out.

Of the 320 school districts that participated in DPI’s 2024-25 State Digital Learning survey approximately 90% of districts reported already having some sort of restrictive cell phone policy in place.

Rep. Robyn Vining (D-Wauwautosa) said she thinks the original intent of the bill was genuine in trying to address challenges posed by phones in classrooms. However, she noted that it wouldn’t apply to the state’s private and charter schools that participate in voucher programs. Vining said the bill was modeled after legislation in Indiana, but Wisconsin Republicans intentionally carved out the voucher schools.

“It’s not fair when the concerns of voucher lobbyists are considered valid by Republicans in the Legislature that while the same concerns are ignored when they come from public schools,” Vining said.

Kitchens said the issue shouldn’t be partisan and noted that Louisiana, a red state, and New York, a blue state, both have strict statewide cell phone ban policies.

The bill passed 53-45 with Rep. Rob Swearingen (R-Rhinelander) joining Democrats against. 

Materials inspections within 14 days

AB 5, which would require school districts to comply with requests within 14 days, passed 54-43, also on a party-line vote, with Republicans for and Democrats against. 

Parents can already submit open records requests to school districts to receive school materials. The bill adds  that entities should respond “as soon as practicable and without delay.” 

Rep. Barbara Dittrich (R-Oconomowoc) said during the press conference that the bill seeks to help  parents get information about materials more quickly. She noted that there are no time requirements included in state statute for responding to open records requests. 

“I’m old enough to remember a time in our Wisconsin schools where our schools were begging parents to become engaged and then there came a huge fracture when COVID-19 hit,” Dittrich said. Some parents, she said, aren’t having their requests fulfilled before their child is out of the class. “[The bill] works at bridging this gap between schools and families so they can work together for the benefit of our students.” 

This is the third time lawmakers have introduced a bill to implement a time frame for complying. In the 2021-23 session, the bill passed the Legislature and Evers vetoed it. Last session, the bill passed the Assembly and never received a vote in the Senate

Other laws in Wisconsin include one that requires a list of textbooks be filed with the school board clerk every year on an annual basis. Another state statute requires school boards to provide the complete human growth and development curriculum and all instructional materials for inspection to parents who request it.

Rep. Francesca Hong (D-Madison) said the bill is unnecessary given the current state laws. 

“It’s trying to solve a problem that doesn’t exist,” Hong said. 

Requiring 70% of money to go to “classroom” expenses

AB 6 would require school boards in Wisconsin to spend a minimum of 70% of operating money on direct classroom expenditures and limit annual compensation increases for school administrators to the average percent increase provided to teachers in the school district. 

An amendment to the bill would clarify that “direct classroom expenditures” would not include costs for administration, food services, transportation, instructional support including media centers, teacher training and student support such as nurses and school counselors. Those costs would need to fall under the other 30% of spending. 

Rep. Benjamin Franklin (R-De Pere) said the state has “a system that fails to put the money in the classroom where the education is happening” and said the bill would implement “guardrails” for school districts to ensure money is going to classrooms and teachers. 

Rep. Joan Fitzgerald (D-Fort Atkinson) said she was voting against the bill — and others on the calendar — because they appeared to be written without “meaningful input” from teachers, administrators, superintendents, parents, students or community members. 

“I’m here to let you know that if you want support in the educational community for any education bill, you should do your homework,” Fitzgerald said, “including having conversations with the public and reaching across the aisle.” 

Fitzgerald said Franklin’s bill would take away local control from school districts and school boards and criticized the bill for including “vague” wording and “undefined terms,” saying the bills are unserious. 

“What about all the additional staff needed to meet the special needs of my students — people like speech pathologists, nurses, counselors? People I could not have done my job without,” Fitzgerald said. “That definition does include athletic programs…. Does it include bus transportation to get to games because I’ve heard that actual bus transportation is not included as a direct class transmission? Although I’ll admit I’m incredibly confused about that one, since I would not have had kids in my classroom in my rural district without bus transportation.” 

Rep. Christian Phelps (D-Eau Claire) called the proposal an “arbitrary, one size fits all budget crackdown that limits our ability to meet moral and constitutional obligations.” 

The bill passed 53-44 with only Republican support.

The Assembly also passed AB 4, which would require civics instruction in K-12 schools, in a 52-46 vote. Sortwell and Goeben voted against the bill with Democrats.

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Correction: This story has been update to correct the vote on AB 2 and a quote.