Jessie Opoien:

Shortly after Democrat Tony Evers was elected Wisconsin’s next governor, the Wisconsin Institute for Law & Liberty released a statement announcing that the conservative law firm and think tank “stands ready to fight.”

“In Wisconsin, we now face an executive that will be hostile to the principles of individual freedom, limited government, free markets and civil society to which we have dedicated ourselves,” WILL president and general counsel Rick Esenberg wrote. “If we have to fight to defend school choice, worker freedom, free speech and control of the administrative state, so be it. We’re ready.”

WILL

The News: The Wisconsin Institute for Law & Liberty (WILL) has filed a response to a case brought by Planned Parenthood seeking an original action ruling from the Supreme Court of Wisconsin (SCoW) that would create a constitutional right to an abortion in Wisconsin. WILL believes ruling in favor of Planned Parenthood would embroil SCoW in the same mess of policy questions that Roe v. Wade created.  

As WILL has stated before, Wisconsin’s duly elected legislature and governor should go through the normal legislative process and create policy to govern abortion.  

The Quotes: WILL Deputy Counsel, Luke Berg, stated, “There is no right to an abortion in Wisconsin’s Constitution. No judge, justice, or lawyer should be creating policy for Wisconsinites out of thin air. Reversing Roe v. Wade through the Dobbs decision rightfully placed the abortion issue back where it should have been all along—in the halls of state legislatures. That’s where the debate and conversation must remain.”  

Where Would the Court Draw the Line? If the Wisconsin Supreme Court were to agree with Planned Parenthood, what would happen next? For example, would the prohibitions on abortions after viability, Wis. Stat. § 940.15, or after the unborn child can experience pain (defined in the statute as 20 weeks), Wis. Stat. § 253.107, also be unconstitutional? How about partial-birth abortions, very late term abortions? None of those prohibitions are challenged or at issue in this case, but if this Court constitutionalizes abortion, it will have to answer these questions sooner or later.  

—-

Choose life.

WILL:

The News: The Wisconsin Institute for Law & Liberty (WILL) released its latest report, Piercing the Fog: Shedding Light on School District Referenda in Wisconsin, which uncovers various transparency problems with Wisconsin’s referendum process that costs taxpayers millions of dollars every single year. The report also calls for significant reform to Wisconsin’s referendum process to give voters more complete information when deciding.  

The Quotes: WILL Research Director, Will Flanders, stated, “Using referendums to fund school districts is not going away, but for voters to make smart decisions, they must be armed with all necessary information. Our report highlights the grave transparency concerns that exist in Wisconsin’s current process while outlining policy changes to ensure voters are fully informed.  Ultimately, with the changes we proposed, referenda can be an important tool for direct democracy when used properly.”   

Additional Background: More than 90 school districts around Wisconsin went to referendum in the 2024 spring elections, with 58.8% passing.  The role of referenda in funding Wisconsin schools has been the subject of debate for many years.  Some argue that referenda are necessary for school districts to keep their doors open, while others make the case that they are examples of wasteful spending that take advantage of voter sentiments in favor of funding education. 

Wisconsin Institute for law of liberty:

Recently, Wisconsin’s Department of Public Instruction released a report on the teacher shortage in the state.  The report claims that nearly 40% of teachers leave the profession within the first five years, and blames declines in teacher compensation over the past decade for the shift.  While the problems identified in the report are legitimate, the causes and solutions offered are more representative of traditional liberal talking points than an honest effort to make improvements for the teaching workforce in the state.  In this explainer, we identify a number of issues with DPI’s report. 

Consistent with National Patterns 

Despite attempts to blame Act 10 for the decline in teacher retention, in reality this is a problem around the county. Indeed, based on the numbers reported by DPI, Wisconsin may actually be better than average. A 2018 study estimated that 44% of teachers nationwide leave the profession within five years  And this data was pre-COVID–there is extensive evidence that turnover has increased since then.  To illustrate this, consider a recent Chalkbeat analysis looked at teachers leaving the profession across four states.  Each of these states saw an annual turnover rate of more than 10% during the 2022 school year.   A figure from that report is reproduced below. 

Figure 1. Annual Teacher Turnover in Four States (Chalkbeat) 
——

Rep. Barbara Dittrich:

I have supported getting more teachers in the classroom, but several of our efforts (including my bill with Sen. Knodl, SB 608) have been vetoed. Let’s hope we can work together in more constructive ways next session.

———

The data clearly indicate that being able to read is not a requirement for graduation at (Madison) East, especially if you are black or Hispanic”

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results 

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

WEAC: $1.57 million for Four Wisconsin Senators

Friday Afternoon Veto: Governor Evers Rejects AB446/SB454; an effort to address our long term, disastrous reading results

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration.

When A Stands for Average: Students at the UW-Madison School of Education Receive Sky-High Grades. How Smart is That?

WILL

The News: The Wisconsin Institute for Law & Liberty (WILL) released its latest report, Piercing the Fog: Shedding Light on School District Referenda in Wisconsin, which uncovers various transparency problems with Wisconsin’s referendum process that costs taxpayers millions of dollars every single year. The report also calls for significant reform to Wisconsin’s referendum process to give voters more complete information when deciding.  

The Quotes: WILL Research Director, Will Flanders, stated, “Using referendums to fund school districts is not going away, but for voters to make smart decisions, they must be armed with all necessary information. Our report highlights the grave transparency concerns that exist in Wisconsin’s current process while outlining policy changes to ensure voters are fully informed.  Ultimately, with the changes we proposed, referenda can be an important tool for direct democracy when used properly.”   

Additional Background: More than 90 school districts around Wisconsin went to referendum in the 2024 spring elections, with 58.8% passing.  The role of referenda in funding Wisconsin schools has been the subject of debate for many years.  Some argue that referenda are necessary for school districts to keep their doors open, while others make the case that they are examples of wasteful spending that take advantage of voter sentiments in favor of funding education.    

WILL’s report provides an overview of how referenda have been used historically around the state, and then highlights three ways that school districts around Wisconsin are “gaming the system.” We then make suggestions for what policy makers can do about it.   

—-

More.

WILL

The News: The Wisconsin Institute for Law & Liberty (WILL) has responded to a new effort to overturn Wisconsin’s congressional maps, six months before an election. The case is brought by Marc Elias, a notorious left-wing attorney who pursues political objectives through legal action. WILL has also filed a joint request with the Wisconsin Legislature calling on Justice Protasiewicz to recuse herself from any ruling that revisits Johnson v. WEC. 

The Quote: Lucas Vebber WILL Deputy Counsel, stated, “Wisconsin’s current congressional map was proposed by Governor Evers and adopted by the Wisconsin Supreme Court in 2022. Any attempt to revisit this ruling and once again alter Wisconsin’s Congressional districts, is both procedurally improper and legally wrong.”

CJ Szafir:

Despite having a new liberal majority, the Wisconsin Supreme Court refused this month to hear a challenge to the state’s school-choice programs. The lawsuit, supported by the Minocqua Brewing Co.’s progressive super PAC, would have deprived more than 60,000 students of funding. The episode carries a lesson for advocates of education freedom.

Families and school leaders were more engaged. The Wisconsin Institute for Law & Liberty’s brief against the lawsuit represented 22 clients, including parents and private-school leaders. Parents and students spoke out. “The new Supreme Court case will be devastating to all families . . . because it would take away opportunities from children who can’t support their education through a public school system,” Sherlean Roberts, a senior at Marquette University, told us. She attended a charter school in Milwaukee and will be the first in her family with a college degree.

Wisconsin began its experiment with school choice in 1990 with a bipartisan voucher program, enrolling 341 in secular private schools in Milwaukee. The state expanded the program to include religious schools in 1998, private schools outside Milwaukee in 2011 and 2013, and special-needs students in 2016.

WILL:

The News: The Wisconsin Institute for Law & Liberty (WILL) has filed a lawsuit against the State Bar of Wisconsin for promoting discriminatory DEI practices including its “Diversity Clerkship Program,” which offers premier internship opportunities based primarily on race.

WILL’s client must pay mandatory and annual State Bar dues, which not only fund this internship program, but also other programs and communications that discriminate against him and thousands of other Wisconsin attorneys.

The Quotes: WILL Associate Counsel, Skylar Croy, stated, “When the government discriminates based on race, it sows more division in our country and violates the Constitution in the process. WILL is standing up against discrimination and holding the State Bar accountable to the rights of its due-paying members.”

Wisconsin employers using state DEI internship program to "engage in illegal affirmative action," new lawsuit alleges. Prominent participants in State Bar program include @Fiserv, @GEHealthCare, @NM_Financial, @Kohler, @Froedtert.
More here: https://t.co/MiZxRIZ1pC

— Dan Lennington (@DanLennington) December 20, 2023

College Fix:

The University of Wisconsin – La Crosse will not require the Young Americans for Freedom chapter to include an “inclusivity statement” in order to be recognized on campus.

The school announced the policy change Friday morning after being threatened with a lawsuit by YAF, the Wisconsin Institute for Law and Liberty, and the Mountain States Legal Foundation.

“[The] referenced statement is not a condition for YAF’s recognition as a student organization, effective immediately,” Quinn Williams, the counsel for the UW system, stated on Friday. The UW-La Crosse Student Association required the statement’s use.

“This is a massive victory for free speech and our constitutionally protected rights, and we look forward to promoting YAF across the campus next semester,” campus YAF Chairman Ryan Kitzan told the national organization’s New Guard publication.

WILL:

The News: The Wisconsin Institute for Law & Liberty (WILL) and the Mountain States Legal Foundation (MSLF) are preparing a legal challenge against the University of Wisconsin-La Crosse for denying a conservative group, Young America’s Foundation (YAF), a student organization designation.

In violation of the First Amendment, UW-La Crosse is denying the group’s designation because the student organization rightfully refuses to sign onto a “DEI” inclusivity statement that opposes YAF’s values. 

The Quotes: Dan Lennington, WILL Deputy Counsel stated, “We are now seeing the fruits of UW’s radical DEI agenda: students forced to adopt UW-approved beliefs before receiving benefits. This is a blatant violation of the First Amendment. Make no mistake, WILL is ready to challenge discriminatory DEI policies everywhere and anywhere. The school must correct this action, or we are prepared to take further legal action.”

Aside from whatever the benefits or drawbacks of such courses are, it doesn’t take much googling to realize they are common in left-dominated spaces and that the #MSM has had no serious interest in covering them. https://t.co/1jU5nmd7hA

— Chris Rickert (@RickertWisSJ) December 16, 2023

Patrick Mcilheran and Jim Bender:

If successful, a lawsuit claiming Wisconsin’s private-school parental choice program and public independent charter schools are illegal will also shut down the Public School Open Enrollment program used by approximately 73,280 children, according to legal experts.

If a court buys the claim that one program’s funding mechanism is impermissible because of the way state aid follows children to another school, the others’ would be too, said Rick Esenberg, head of the Wisconsin Institute for Law & Liberty, which is seeking to join the case.

The Public School Open Enrollment program allowed 73,280 students to attend a traditional public school in a district they did not live in during the 2022-23 school year, according to the Wisconsin Department of Public Instruction.

The number of children who took their state aid to a private school under Wisconsin’s parental choice programs was 52,062, and another 11,138 attended an independent public charter school. Attending traditional public district schools that year: 819,214. That means open enrollment amounted to 9% of district schools’ enrollment.

Corrine Hess:

The state report cards include data on multiple indicators for multiple school years across four priority areas: achievement, growth, target group outcomes, and on-track to graduation.  

A district or school’s overall accountability score places it in one of five overall accountability ratings: Significantly Exceeds Expectations (five stars), Exceeds Expectations (four stars), Meets Expectations (three stars), Meets Few Expectations (two stars), and Fails to Meet Expectations (one star).  

Report cards use data from up to three school years, including achievement data from 2020-21, 2021-22, and 2022-23. This is the first report card that does not include achievement data from assessments measured prior to the start of the COVID-19 pandemic.  

Conservatives from the Institute for Reforming Government and the Wisconsin Institute for Law & Liberty questioned how 94 percent of public school districts could achieve three stars or above and not one school district in the state received a failing score. 

“On national standardized tests, Wisconsin schools get average reading results for White and Hispanic students and bottom-dwelling scores for Black students,” said IRG Senior Research Director Quinton Klabon. “It seems DPI has set those expectations too low. While every child may not be in a 5-star school, every child deserves one.”

Will Flanders, research director with WILL said the report card needs to change so it can be reflective of what is happening across the state. 

“While DPI may tout there has been an increase across the board, we still have districts like Milwaukee where proficiency rates are less than 20 percent and somehow that seems to be meeting expectations,” Flanders said.

Underly and our long term disastrous reading results….

WEAC: $1.57 million for Four Wisconsin Senators

Legislation and Reading: The Wisconsin Experience 2004-

“Well, it’s kind of too bad that we’ve got the smartest people at our universities, and yet we have to create a law to tell them how to teach.”

The data clearly indicate that being able to read is not a requirement for graduation at (Madison) East, especially if you are black or Hispanic”

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results 

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

WEAC: $1.57 million for Four Wisconsin Senators

Friday Afternoon Veto: Governor Evers Rejects AB446/SB454; an effort to address our long term, disastrous reading results

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration.

When A Stands for Average: Students at the UW-Madison School of Education Receive Sky-High Grades. How Smart is That?

Benjamin Yount:

Authors of a study about choice schools and disabled students in Wisconsin admit there is some discrepancy but say things are not nearly as bad a school choice opponents paint them to be.

The Wisconsin Institute for Law and Liberty and School Choice Wisconsin looked at the difference in funding between choice schools and traditional public schools when it comes to dealing with students with disabilities, the number of students with disabilities in each, and it focuses on the claim by many Democratic lawmakers that choice schools in Wisconsin discriminate against students with disabilities.

Benjamin Yount:

A new report on reading in Wisconsin shows many schools across the state continue to use reading lessons shown to leave students behind.

The Wisconsin Institute for Law and Liberty is out with a new report called Trust the Science? The Use of Outdated Reading Curricula in Wisconsin Schools. It looks at how whole-language reading curricula have performed over the years.

“Forward Exam scores show that Wisconsin students are struggling in reading. Currently statewide, only about 36.8% of students scored proficient or higher on the Forward Exam, meaning the majority of students are falling behind. Reading problems cut across all socioeconomic and racial lines,” the report states. “This paper takes advantage of a new dataset available from the Department of Public Instruction that details the curricula used in each district around the state. We correlate reading outcomes on the Forward Exam with some two of the most widely criticized curricula that rely on “Whole Language” techniques – Lucy Calkins and Fountas and Pinnell.”

“Well, it’s kind of too bad that we’ve got the smartest people at our universities, and yet we have to create a law to tell them how to teach.”

The data clearly indicate that being able to read is not a requirement for graduation at (Madison) East, especially if you are black or Hispanic”

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results 

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

WEAC: $1.57 million for Four Wisconsin Senators

Friday Afternoon Veto: Governor Evers Rejects AB446/SB454; an effort to address our long term, disastrous reading results

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration.

When A Stands for Average: Students at the UW-Madison School of Education Receive Sky-High Grades. How Smart is That?

WILL:

The Wisconsin Institute for Law & Liberty (WILL) has settled a landmark open records lawsuit with the Madison Metropolitan School District (MMSD), securing thousands of dollars in punitive damages and reforms to how the school district processes open records. This is a major victory for government transparency and the equal treatment of all students in Wisconsin. WILL was represented by the Wisconsin Transparency Project.

The Quotes: Dan Lennington, WILL Deputy Counsel, stated, “A whistleblower notifed us in early 2022 that MMSD had a racially discriminatory policy of treating black students more favorably than students of other races. MMSD stonewalled for over a year. Now they’ve paid the price, disavowed the policy, and committed to significant reforms. This is a huge victory for transparency.”

Cory Brewer, WILL Associate Counsel, added, “Institutions funded by taxpayers cannot ignore members of the public who seek answers. WILL is prepared to hold school districts accountable for their actions—our lawsuits reflect that.”

Details of the Agreement: MMSD will pay $18,000, including $7,386 in attorney fees and court costs and the remainder in punitive damages. Because of the litigation, MMSD has agreed to take the following additional steps:

Joshua Nelson:

A Wisconsin school district is being sued after a teacher allegedly announced change of pronouns and gender transition without parental consent.

In June, Eau Claire Area School District [ECASD] students were allegedly “required” to report to a classroom where they found their orchestra teacher Jacob Puccio, a school counselor, and the ECASD Diversity, Equity and Inclusion director Dang Yang.

Students were allegedly told that Puccio would be undergoing a gender transition from male to female from a “scripted statement” that was read to several classrooms of elementary and high school music students throughout ECASD.

Wisconsin Institute for Law & Liberty (WILL) alleges that the statement was crafted by ECASD to “ensure that students received information in a particular way.” Furthermore, WILL claims that parents are still not aware of what was read to students and want to know the details.

WILL:

“It’s ridiculous for a school district to refuse to produce a statement that was read out loud to dozens of minor students in several district classrooms. What was told to these kids should be readily accessible to parents.”

Wall Street Journal:

These changes bring the scholarships to 73% of per-pupil union school funding from about 61%, according to the Wisconsin Institute for Law and Liberty (WILL). It’s the biggest school-choice advance in the state in years. Charter schools also get a per-pupil boost of $1,727 to $10,991. A voucher program for special needs students increases by about $1,600 to $14,671 per student. A proposal at play in the Legislature’s budget negotiations could increase the voucher and charter amounts hundreds of dollars more.

Based on a survey of school leaders with School Choice Wisconsin last year, WILL estimates that at least 18,000—and likely thousands more—voucher seats could be created thanks to the larger scholarships. At least one private high school in Milwaukee that closed last year cited “inadequate” state funds as a factor. Some high school leaders interviewed by School Choice Wisconsin said their schools’ viability was in doubt without an increase in the voucher amount.

Democratic Gov. Tony Evers has been hostile to school choice, including attempting to freeze enrollment at schools that take the vouchers. But he signed the bill last week, and part of the deal is $1 billion in additional funding for union-run schools. Two Democrats in each chamber also voted for the bill.

Kimberly Wethal:

An April review from the Wisconsin Institute for Law and Liberty, a conservative law firm and think tank, argued that Wisconsin’s system of partially funding technical colleges through the levy contributes to the idea of taxation without representation because district board members are not elected. Districts do go to the voters to approve referendums to exceed their revenue limits.

Jeff Zymeri:

School choice programs in Wisconsin have not significantly affected outcomes for public school students or led to a decline in their test scores, according to a study released on Monday.

Will Flanders, research director at the Wisconsin Institute for Law & Liberty, which commissioned the study alongside School Choice Wisconsin, told National Review that this finding goes directly against one of the main talking points of school choice opponents.

Instead of finding test scores in steep decline, the study saw small positive shifts in reading scores and no statistically significant effect on math scores. Wisconsin has been offering private school alternatives since the 1990s.

Critics often argue that school choice not only diverts critical resources from public schools, but also that choice schools will “skim” the best students, leading to a group of students in public schools that is more challenging to educate. “We have a long track record of this program in Wisconsin and we have no evidence in support of that notion,” Flanders said.

Flanders said Milton Friedman’s notion of school choice as providing the necessary competition to lift all ships is at the heart of the study’s findings.

“When the public school monopoly actually has to deal with competitors, for the first time in many instances, they’re forced to start listening to the desires and needs of families in their communities and that results in improved performance,” said Flanders. “They’re required to become more efficient.”

The study builds upon past research on the Milwaukee Public Schools to include data on outcomes in Racine Public Schools and schools throughout Wisconsin.

More, here.

“Well, it’s kind of too bad that we’ve got the smartest people at our universities, and yet we have to create a law to tell them how to teach.”

The data clearly indicate that being able to read is not a requirement for graduation at (Madison) East, especially if you are black or Hispanic”

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results 

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

WEAC: $1.57 million for Four Wisconsin Senators

Friday Afternoon Veto: Governor Evers Rejects AB446/SB454; an effort to address our long term, disastrous reading results

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration.

When A Stands for Average: Students at the UW-Madison School of Education Receive Sky-High Grades. How Smart is That?

Will-Law

The News: On behalf of School Choice Wisconsin Action, Inc. (SCWA), Catholic Memorial High School of Waukesha, Inc., and Roncalli Catholic Schools, Inc., the Wisconsin Institute for Law & Liberty (WILL) filed a lawsuit against the Wisconsin Department of Public Instruction (DPI) and Superintendent of Public Instruction, Jill Underly. The suit challenges several of DPI’s rules which were not promulgated in compliance with statutory rulemaking procedures, and which exceed the DPI’s authority as set forth in state law.

The lawsuit alleges that DPI implements and enforces an “application perfection” rule (also known as the perfection rule) for various school choice programs despite never promulgating the rule as required by state law. Instead, DPI uses informal bulletins to enact its chosen policies. This suit is filed in the Waukesha County Circuit Court.

The Quotes: WILL Associate Counsel, Cory Brewer, stated, “DPI is exceeding its authority under state law in how it administers the Parental Choice Program and must be held accountable. The program was designed to be an easy-to-use option for parents, and DPI’s unilateral implementation of additional requirements constitutes unlawful bureaucratic overreach.”  

Chair of School Choice Wisconsin Action, Inc., Jamie Luehring, said, “DPI’s unrealistic rules hurt not just schools, but parents. Applying to a Choice school should not be any harder for families than registering to send their kids to their local public schools.”

Catholic Memorial High School of Waukesha, Inc. President, Donna Bembenek, said, “Parents, not DPI, should be trusted to make the best educational choice for their child. Creating unnecessary red tape does not serve anyone or help parents access the best school for their child.”

Ed Treleven:

Remington’s Nov. 23 decision does not directly address the merits of the policy but spends a great number of its 33 pages discussing what is considered legal standing, as expressed in recent state and federal court decisions.

Ignoring Doe’s lack of standing, Remington wrote, would be ignoring his own “limited and modest role in constitutional governance” and telling people he knows what’s best for them.

Remington wrote that while he doesn’t doubt her “genuine motive and keen interest in this case,” she is someone who was brought into the case to “invoke a court ruling upon” the matter. Many parents could believe, he wrote, that they or their children will be harmed by the policy, but they’re not part of the case.

“That is not to say that Jane Doe’s claims are not important — they just are equally important to every other member of the public who also disapproves of their local school board,” Remington wrote. “That our Constitution does not allow this court to take a side may leave the parties unsatisfied.”

Scott Girard:

The Wisconsin Institute for Law and Liberty has appealed the dismissal of its 2020 lawsuit over Madison Metropolitan School District gender identity guidance.

On Nov. 23, Dane County Circuit Court Judge Frank Remington dismissed the lawsuit, citing a lack of standing for the sole remaining petitioner, Jane Doe 4. The anonymous complainant is one of 14 original parties on the lawsuit — the rest have left amid two years of appeals and arguments over the process for the lawsuit.

“(Jane Doe 4) does not predict or anticipate she will be harmed, but she nevertheless seeks a declaratory judgment that a transgender student policy of the Madison Metropolitan School District violates her constitutional right to parent,” Remington wrote. “Because she presents no evidence that she predicts, anticipates, or will actually suffer any individual harm, Jane Doe has no standing and her Complaint must be dismissed.”

The data clearly indicate that being able to read is not a requirement for graduation at (Madison) East, especially if you are black or Hispanic”

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results 

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

WEAC: $1.57 million for Four Wisconsin Senators

Friday Afternoon Veto: Governor Evers Rejects AB446/SB454; an effort to address our long term, disastrous reading results

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration.

No When A Stands for Average: Students at the UW-Madison School of Education Receive Sky-High Grades. How Smart is That?

Will-Law:

The News: On behalf of the Brown County Taxpayers Association (BCTA), the Wisconsin Institute for Law & Liberty (WILL) filed an emergency injunction with the United States Court of Appeals for the Seventh Circuit, arguing that the President cannot spend trillions of taxpayer dollars without authorization from Congress. 

WILL Quote: WILL President and General Counsel, Rick Esenberg, said, “The decision ultimately rests upon higher courts. WILL anticipated this outcome, and is well prepared to advance the rule of law to the Court of Appeals—even to the U.S. Supreme Court, if need be. The President must be held accountable for his overreach of power.”

Background: WILL filed a federal lawsuitagainst the Biden Administration last week in support of BCTA, challenging the new federal student debt forgiveness program. The “One-Time Student Loan Debt Relief Plan,” announced by President Biden in August of 2022, promises to cancel debts owed to the U.S. Treasury by tens of millions of borrowers, all without authorization of such a program by Congress or federal law. The U.S. Department of Education is expected to begin automatically canceling debts in the coming days, potentially costing U.S. taxpayers more than $1 trillion.

Mitchell Schmidt:

A new coalition of conservatives, policy groups and advocacy organizations has begun developing a package of education goals for the coming legislative session — with expanded school choice as a top priority — that could play a considerable role in the upcoming race for governor this November.

Officials with the Wisconsin Coalition for Education Freedom say the goal is to give parents and students more options. But the proposals also stand in stark contrast to priorities laid out by Democratic Gov. Tony Evers — setting up an education policy battle in the Nov. 8 election, in which Evers, a former educator and state superintendent who has opposed expanded private school vouchers, faces businessman Tim Michels, a Republican who has pledged to expand school choice offerings across Wisconsin.

People are also reading…

“The election is critically important,” said Susan Mitchell, a longtime advocate for school vouchers and founder of School Choice Wisconsin. “Gov. Evers, both as (Department of Public Instruction) superintendent and as governor, has repeatedly opposed the expansion of these programs. Tim Michels has made public a completely opposite sort of perspective, so it matters a lot in terms of getting things done.”

The coalition, launched Thursday, includes conservative groups Americans for Prosperity, Badger Institute and law firm Wisconsin Institute for Law and Liberty, as well as education stakeholders such as American Federation for Children, virtual education company K12/Stride, School Choice Wisconsin and Wisconsin Manufacturers and Commerce, the state’s largest business lobbying organization.

The group did not provide specific legislative proposals, but officials told the Wisconsin State Journal the two biggest priorities will be “school choice for all families” and legislation seeking to establish a “Parental Bill of Rights,” letting parents sue a school district or school official if they don’t allow parents to determine the names and pronouns used for the child while at school, review instructional materials and outlines used by the child’s school and access any education-related information regarding the child, among other measures.

Evers vetoed a GOP-authored bill last session that would have extended those powers to parents, stating in an April 15 veto message he opposed it “because I object to sowing division in our schools, which only hurts our kids and learning in our classrooms.”

He also vetoed a measure that would have vastly expanded private school vouchers by eliminating the income limits in the statewide, Milwaukee County and Racine County private school voucher programs, as well as create a temporary education expense reimbursement program for public school students. A fiscal report estimated the bill could raise property taxes as much as $577 million.

The data clearly indicate that being able to read is not a requirement for graduation at (Madison) East, especially if you are black or Hispanic”

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results 

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

WEAC: $1.57 million for Four Wisconsin Senators

Friday Afternoon Veto: Governor Evers Rejects AB446/SB454; an effort to address our long term, disastrous reading results

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration.

No When A Stands for Average: Students at the UW-Madison School of Education Receive Sky-High Grades. How Smart is That?

Mitchell Schmidt:

A new coalition of conservatives, policy groups and advocacy organizations has begun developing a package of education goals for the coming legislative session — with expanded school choice as a top priority — that could play a considerable role in the upcoming race for governor this November.

Officials with the Wisconsin Coalition for Education Freedom say the goal is to give parents and students more options. But the proposals also stand in stark contrast to priorities laid out by Democratic Gov. Tony Evers — setting up an education policy battle in the Nov. 8 election, in which Evers, a former educator and state superintendent who has opposed expanded private school vouchers, faces businessman Tim Michels, a Republican who has pledged to expand school choice offerings across Wisconsin.

People are also reading…

“The election is critically important,” said Susan Mitchell, a longtime advocate for school vouchers and founder of School Choice Wisconsin. “Gov. Evers, both as (Department of Public Instruction) superintendent and as governor, has repeatedly opposed the expansion of these programs. Tim Michels has made public a completely opposite sort of perspective, so it matters a lot in terms of getting things done.”

The coalition, launched Thursday, includes conservative groups Americans for Prosperity, Badger Institute and law firm Wisconsin Institute for Law and Liberty, as well as education stakeholders such as American Federation for Children, virtual education company K12/Stride, School Choice Wisconsin and Wisconsin Manufacturers and Commerce, the state’s largest business lobbying organization.

The group did not provide specific legislative proposals, but officials told the Wisconsin State Journal the two biggest priorities will be “school choice for all families” and legislation seeking to establish a “Parental Bill of Rights,” letting parents sue a school district or school official if they don’t allow parents to determine the names and pronouns used for the child while at school, review instructional materials and outlines used by the child’s school and access any education-related information regarding the child, among other measures.

Evers vetoed a GOP-authored bill last session that would have extended those powers to parents, stating in an April 15 veto message he opposed it “because I object to sowing division in our schools, which only hurts our kids and learning in our classrooms.”

He also vetoed a measure that would have vastly expanded private school vouchers by eliminating the income limits in the statewide, Milwaukee County and Racine County private school voucher programs, as well as create a temporary education expense reimbursement program for public school students. A fiscal report estimated the bill could raise property taxes as much as $577 million.

The data clearly indicate that being able to read is not a requirement for graduation at (Madison) East, especially if you are black or Hispanic”

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results 

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

WEAC: $1.57 million for Four Wisconsin Senators

Friday Afternoon Veto: Governor Evers Rejects AB446/SB454; an effort to address our long term, disastrous reading results

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration.

No When A Stands for Average: Students at the UW-Madison School of Education Receive Sky-High Grades. How Smart is That?

Daniel Buck:

I studied for a master’s degree in education at the University of Wisconsin-Madison in 2015. My program was batty. We made Black Lives Matter friendship bracelets. We passed around a popsicle stick to designate whose turn it was to talk while professors compelled us to discuss our life’s traumas. We read poems through the “lenses” of Marxism and critical race theory in preparation for our students doing the same. Our final projects were acrostic poems or ironic rap videos.

The Wisconsin Institute for Law and Liberty has reviewed the required coursework for 14 programs for teachers-to-be in the Badger State. These programs produce about 80% of all teaching graduates in the state each year. What they found was shocking. Worldview building and ideological manipulation take precedence over teacher preparation.

On the syllabi, noticeably lacking are academic literature or manuals of classroom instruction. Instead, Hollywood movies like “Freedom Writers,” popular books like Jonathan Kozol’s “Letters to a Young Teacher,” and propaganda like “Anti-Racist Baby” abound. In place of academic essays, graduate students write personal poems or collect photographs. These kitschy activities infantilize what ought to be a rigorous pursuit of professional competency.

WILL-Law:

The News: Attorneys with the Wisconsin Institute for Law & Liberty (WILL) filed a lawsuit against the City of Milwaukee on behalf of Wisconsin Lutheran High School after the City unlawfully assessed the school for $105,000 in property taxes. The City is trying to tax Wisconsin Lutheran for a campus building that is owned by the school and used for student housing and other educational purposes. The lawsuit was filed in Milwaukee County Circuit Court.

The Quotes: WILL Deputy Counsel Lucas Vebber, said, “State law provides a property tax exemption for educational and religious institutions like Wisconsin Lutheran. The City of Milwaukee’s attempt to assess the school for more than $100,000 for this property is clearly unlawful.”

Wisconsin Lutheran President, the Rev. Dr. Kenneth Fisher, said, “This is an important issue for our school. We have a huge gap between what we receive in vouchers and our actual costs to educate our teens. We would much rather spend the $105,000 educating our students than paying for an improper tax. We are praying that our money can be restored to us so we can use it to further the ministry of our school.”

WILL:

The News: The Oconomowoc Area School District (OASD) issued a cease and desist letter to a local parent and activist threatening her with a defamation lawsuit for statements she made in public forums about the use and accessibility of age-inappropriate material. The Wisconsin Institute for Law & Liberty (WILL) issued a letter to the Oconomowoc Area School District’s attorneys, on behalf of Alexandra Schweitzer, making clear that her public statements do not meet the legal standard for defamation and that her speech is protected by the First Amendment.

The Quotes: WILL President and General Counsel, Rick Esenberg, said, “The Oconomowoc Area School District’s attempt to silence a local mom with legal threats is inappropriate and troubling. The District’s accusations of defamation are weak. This tactic needs to be called out for what it is: bullying a critic.”

Alexandra Schweitzer, recipient of OASD’s cease and desist letter, said, “If the school district wanted to silence me, they have failed. School districts need to know that parents won’t back down and legal threats won’t deter us from looking out for our kids.”

Dr. Elana Fishbein, Founder & President, No Left Turn in Education, said, “Bullying a parent into silence is a dangerous precedent to set in a free society. No Left Turn in Education stands with Alexandra Schweitzer and any American parents petitioning their school boards on matters relating to the education of their children.”

June 20, noon CT

The Wisconsin Institute for Law & Liberty (WILL) issued the fourth edition of the Apples to Apples report, a definitive and objective analysis of Wisconsin school performance across sectors. This year’s report, the first in three years due to pandemic disruption of the Forward Exam, finds that Milwaukee’s choice and charter schools continue to perform better, on average, than traditional public schools in Milwaukee. But the pandemic has taken a toll as proficiency rates across all schools, statewide, has dropped below 40% for the first time.

Join WILL Director of Education Policy & Legal Counsel Libby Sobic and Research Director Will Flanders for a noon webinar as we dive deeper into our findings and how Wisconsin school choice options continue to provide a performance advantage when demographics of a school are accounted for.Time

Jun 20, 2022 12:00 PM in Central Time (US and Canada)

Benjamin Yount:

“As proficiency has plummeted under his tenure, Governor Evers is forced to point to outdated data to back up his claims that he has been an effective leader on education,” Will Flanders with the Wisconsin Institute of Law and Liberty told The Center Square.

Flanders added that Gov. Evers’ approach to public schools has had a darker impact than the report suggests.

“The sectors that actually are doing better – choice and charter – have been the subject of repeated attempts by the governor to bring them to an end,” Flanders added. “School shutdowns during COVID, which the governor did nothing to stop, have exacerbated already huge achievement gaps among minority and low income students. None of this is reflected fully in the data for this ranking.”

Mandates, closed schools and Dane County Madison Public Health.

The data clearly indicate that being able to read is not a requirement for graduation at (Madison) East, especially if you are black or Hispanic”

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results 

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

WEAC: $1.57 million for Four Wisconsin Senators

Friday Afternoon Veto: Governor Evers Rejects AB446/SB454; an effort to address our long term, disastrous reading results

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration.

No When A Stands for Average: Students at the UW-Madison School of Education Receive Sky-High Grades. How Smart is That?

MD Kittle:

The Wisconsin Department of Public Instruction has long been a haven of leftist thought and policy. Increasingly, the agency has become politically weaponized in the pursuit of its woke diversity, equity and inclusion agenda.

Most recently, DPI launched an investigation into a Milwaukee Public Schools counselor whose alleged crime is that she spoke passionately in opposition to “gender identity ideology.” At a feminist rally in Madison.

DPI is investigating whether the counselor should lose her license for “immoral conduct.”

“The state is, quite simply, trying to punish a public-school counselor for her views on gender ideology. This is a classic, clear-cut, violation of the First Amendment and the state can expect a federal lawsuit if it proceeds,” said Luke Berg, attorney at the Milwaukee-based Wisconsin Institute for Law & Liberty. On Wednesday, the civil rights law firm sent a letter warning DPI of the legal perils it faces in attacking an educator’s First Amendment rights.

Marissa Darlingh, the MPS counselor, spoke at a feminist rally at the state Capitol on April 23, 2022.  She said she “oppose[s] gender ideology” in elementary schools and that young children should not be “exposed to the harms of gender identity ideology” or given “unfettered access to hormones—wrong-sex hormones—and surgery.”

She told rally-goers that she “exist[s] in this world to serve children” and “to protect children,” and does not support social or medical transition of young children. Darlingh, apparently in a moment of passion, declared “f… transgenderism,” referring to the “gender identity ideology” that she believes harms children.

Mandates, closed schools and Dane County Madison Public Health.

The data clearly indicate that being able to read is not a requirement for graduation at (Madison) East, especially if you are black or Hispanic”

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results 

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

WEAC: $1.57 million for Four Wisconsin Senators

Friday Afternoon Veto: Governor Evers Rejects AB446/SB454; an effort to address our long term, disastrous reading results

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration.

No When A Stands for Average: Students at the UW-Madison School of Education Receive Sky-High Grades. How Smart is That?

WILL

The News: Attorneys at the Wisconsin Institute for Law & Liberty (WILL) issued a letter to the Wisconsin Department of Public Instruction (DPI) warning the state agency that an attempt to revoke an educator’s license for her remarks at a feminist rally in Madison violate the First Amendment. The Milwaukee Public Schools counselor spoke in opposition to “gender identity ideology” and expressed opposition to “gender ideology” in elementary schools at a rally in April. DPI opened an investigation into whether her educator license should be revoked for “immoral conduct.”

The Quotes: WILL Deputy Counsel, Luke Berg, said, “The state is, quite simply, trying to punish a public-school counselor for her views on gender ideology. This is a classic, clear-cut violation of the First Amendment and the state can expect a federal lawsuit if it proceeds.”

Marissa Darlingh, a school counselor threatened with a DPI investigation, said, “My views on the harms of gender ideology to children are informed by a desire to serve and protect children. That’s why I got into education. I will love and serve every child under my care, no matter what. But I won’t recant under threat from the state.”

Will Flanders & Libby Sobic:

Presumably, the Representative was specifically responding to testimony from parents from around Wisconsin in support of AB 963. In an era where parents who attend school board meetings are called potential terrorists by the National Association of School Boards and subjected to monitoring by the federal government, it is more important than ever to enshrine in law the rights that parents have over their children’s education. The bill, supported by WILL, would ensure some very basic parental rights are protected: the right to be notified about violence in schools, the right to review curriculum, and the right to opt their child out of controversial topics are among them. Most of these rights are things that a previous generation never thought would need to be guaranteed: they are common sense. Yet increasingly ‘woke’ education establishment has placed them under threat. The legislature heard from more than 100 parents (in person or via written testimony) angry at this overreach by local schools, and demanding change. According to Representative Snodgrass, though, their only option would be to switch to a different educational model.

Mandates, closed schools and Dane County Madison Public Health.

The data clearly indicate that being able to read is not a requirement for graduation at (Madison) East, especially if you are black or Hispanic”

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results 

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

WEAC: $1.57 million for Four Wisconsin Senators

Friday Afternoon Veto: Governor Evers Rejects AB446/SB454; an effort to address our long term, disastrous reading results

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration.

When A Stands for Average: Students at the UW-Madison School of Education Receive Sky-High Grades. How Smart is That?

Kyle Koenen & Lucas Vebber

Recently, the Wisconsin Institute for Law & Liberty released Wisconsin Regulation in Focus, a reporti highlighting the scope of Wisconsin’s regulatory state. That report helps call attention to the magnitude of Wisconsin’s regulations, especially when compared with our neighboring states. It also suggests some simple reforms which could be helpful to rein in our ever-growing regulatory state.
This follow up report adds some detail to those reforms while also suggesting some additional ones which could be implemented in order to ensure Wisconsin’s regulatory environment is as efficient and transparent as possible. As discussed herein, we suggest: (1) automatically sunsetting regulations over time; (2) independent reporting on regulations before they’re promulgated; (3) ensuring all new regulations are net-zero in cost by requiring cost savings whenever new costs are imposed; (4) allowing only one rule per scope statement to be promulgated; (5) reforms to the emergency rulemaking process; and (6) changes to public oversight of regulations, making it easier for private individuals to hold government accountable. The following sections of the report describe each of these proposals in greater detail.

Wall Street Journal:

At his first big political rally of 2022, President Trump was again focused on 2020. “We had a rigged election, and the proof is all over the place,” he said. Mr. Trump was apparently too busy over Christmas to read a 136-page report by a conservative group in Wisconsin, whose review shows “no evidence of widespread voter fraud.”

If curious Republicans want to know what really happened in 2020, this is the best summation to date. Released Dec. 7, it was written by the Wisconsin Institute for Law and Liberty (WILL), a policy shop with conservative bona fides that supported many of Mr. Trump’s policies. A Wisconsin judge this month said ballot dropboxes are illegal under state law, in a challenge brought by WILL.

Its report on 2020 wallops state officials for bending election rules amid the pandemic. That mistake put ballots into legal doubt, due to no fault of the voter, while fueling skepticism. Yet the stolen-election theory doesn’t hold up. President Biden won Wisconsin by 20,682, and mass fraud “would likely have resulted in some discernible anomaly,” WILL says. “In all likelihood, more eligible voters cast ballots for Joe Biden than Donald Trump. ” Here are some highlights:

***

• Only 14.7% of Wisconsin jurisdictions used Dominion voting machines. Mr. Trump won 57.2% of their ballots, up from 55.7% in 2016.

• In Milwaukee, the number of absentee votes tallied on election night is “consistent with what was reported to be outstanding.” Mr. Biden’s share, 85.7%, is plausible. The raw vote total in Milwaukee County was up only 4.4% from 2016, lower than the average rise of 10.2%. “Put simply, there was no unexplained ‘ballot dump.’”

• WILL’s hand recount of 20,000 votes from 20 wards, including in Milwaukee, found “no evidence of fraudulent ballots.” It did show “a significant number of voters who voted for Biden and a Republican for Congress.” In wards of suburban Mequon, to pick one, 10.5% of Biden ballots went for GOP Rep. Glenn Grothman.

• In 2020 only 0.2% of Wisconsin’s absentee ballots were rejected, a steep drop from 1.35% in 2016. This, however, was a nationwide trend, aided in part by dropboxes. Also, WILL says, “rejection rates were actually slightly higher in areas of the state that voted for Biden.”

• The state told clerks to correct incomplete witness addresses. Not every jurisdiction did so, and some didn’t track such fixes. WILL reviewed 29,000 ballot certificates in 29 wards. The “vast majority” of problem ballots “were simply missing a portion of the second address line, such as a city, state or ZIP Code.” State law doesn’t define how much “address” is required, so these ballots probably were valid regardless.

• The number of “indefinitely confined” voters, who are exempt from photo-ID rules, rose 199,000. Yet the election proceeded, WILL says, with “no clear statement” on whether fear of Covid could qualify as home bound. County data suggest no link between confinement rates and partisan lean. WILL polled 700 random confined voters, turning up little. Fraud here would be “risky,” it says, since real ballots by impersonated voters would then be flagged. Wisconsin has identified only four double votes.

• The state used dropboxes, which are legally disputed, and WILL says many clerks didn’t sufficiently log chain of custody. Its statistical analysis estimates that dropboxes maybe raised Mr. Biden’s turnout by 20,736. But WILL “does not claim” that such people “were ineligible voters or should have had their votes rejected.”

• A nonprofit tied to Mark Zuckerberg gave $10 million to help Wisconsin elections, mostly in five cities, a skewed distribution that WILL finds “troubling.” A statistical analysis suggests it maybe lifted Mr. Biden’s turnout by 8,000.

Commentary.

mp3 audio (about 3 hours – not the entire session):

Machine generated transcript.

School and District Report Cards and the recent changes made to those Report Cards

Invited speakers include:

School Choice Wisconsin Action (Jim Bender)

Wisconsin Department of Public Instruction (Thomas McCarthy)

Stride, Inc.

Siena Catholic Schools

Wisconsin Institute for Law and Liberty (Prepared testimony)

Mandates, closed schools and Dane County Madison Public Health.

The data clearly indicate that being able to read is not a requirement for graduation at (Madison) East, especially if you are black or Hispanic”

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results 

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

WEAC: $1.57 million for Four Wisconsin Senators

Friday Afternoon Veto: Governor Evers Rejects AB446/SB454; an effort to address our long term, disastrous reading results

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration.

When A Stands for Average: Students at the UW-Madison School of Education Receive Sky-High Grades. How Smart is That?

WILL:

The News: A three-judge panel of the federal Seventh Circuit Court of Appeals issued a decision in St. Augustine v. Underly, a lawsuit first filed by the Wisconsin Institute for Law & Liberty (WILL) in 2016, that the Wisconsin Department of Public Instruction (DPI) violated state law when denying transportation benefits to families attending St. Augustine School, an independent Catholic school in Washington County. The case was remanded to U.S. District Court for a determination of damages and of whether an injunction should issue.

The Quote: WILL Deputy Counsel, Anthony LoCoco said, “The Seventh Circuit’s decision makes clear that government has no business denying students transportation aid on the basis of its own religious judgments. This is a win for private school families across Wisconsin.”

Background: Wisconsin provides transportation aid to qualifying private school students as long as there is not an overlapping attendance area between private schools that are affiliated with one another, or more specifically, affiliated with the same sponsoring group. In this case, DPI and Friess Lake School District (now part of Holy Hill Area School District) denied St. Augustine students busing rights because there is an Archdiocesan Catholic school in the attendance area.

But St. Augustine is independent and unaffiliated with the Archdiocese. In this case, the school district and DPI determined the definition of Catholic and withheld government benefits until St. Augustine agreed not to call itself “Catholic.”

WILL:

The News: The Wisconsin Supreme Court granted a motion to bypass in Becker v. Dane County, meaning the Wisconsin Supreme Court will hear and decide the case brought by two Dane County residents and a Dane County business challenging the authority of the county health officer to issue sweeping orders without approval by the Dane County Board. The Wisconsin Institute for Law & Liberty (WILL) filed this case in January 2021 in response to a series of emergency orders from Public Health of Madison and Dane County (PHMDC) that restricted and regulated life and commerce in Dane County.

The Wisconsin Supreme Court will schedule oral arguments at a later date.

The Quote: WILL Deputy Counsel, Luke Berg, said, “This case presents the Court with an opportunity to clarify that local health officers cannot unilaterally issue orders that restrict daily life without approval from a legislative body. The Dane County Board cannot pass the buck and allow an unelected health officer to issue whatever orders she sees fit.”

Background: WILL filed an original action to the Wisconsin Supreme Court in November 2020 challenging the legal authority of Dane County’s health department to issue sweeping emergency orders that restrict life and commerce in Dane County. WILL argued the orders are an overreach of the legal authority granted to local health officers and an unlawful delegation of authority from local elected bodies. In particular, WILL argued the new restrictions were not voted on by the Dane County Board.

Allison Garfield, Jessie Opoien and Scott Girard:

“This case presents the court with an opportunity to clarify that local health officers cannot unilaterally issue orders that restrict daily life without approval from a legislative body. The Dane County Board cannot pass the buck and allow an unelected health officer to issue whatever orders she sees fit,” said WILL deputy counsel Luke Berg in a statement.

Mandates, litigation/lawfare and the taxpayer funded Dane County Madison Department.

Harold Hutchison:

The lawsuit filed Nov. 17 by two public interest law firms against the Kettle Moraine School District in Wisconsin over the clandestine social transition of a 12-year-old girl marks the latest in a series of cases where school officials allegedly initiated social gender transitions without parental consent.

The Wisconsin Institute for Law and Liberty, one of the public-interest firms suing the Waukesha-area school district, is also involved in litigation against the Madison Metropolitan School District. But one attorney involved in the litigation tells the Daily Caller News Foundation that policies and guidelines that are prompting schools to carry out clandestine transitions are in place across the country.

dailycallerlogo
“[T]his sort of thing is metastasizing like a cancer underneath the surface around the country,” Vernadette Broyles, president and general counsel of the Child and Parent Rights Campaign, told the Daily Caller News Foundation.

Broyles represents Jeff and January Littlejohn in a lawsuit that alleges that Leon County Schools in Florida began helping their daughter transition without their consent after their daughter experienced gender dysphoria during the spring and summer of 2020.

Mrs. Littlejohn told the DCNF she emailed her daughter’s math teacher, explaining that they “weren’t affirming at home,” but that they “didn’t feel like we could stop our daughter from using a nickname.”

Dan Lennington and Dr. Will Flanders:

At the top of the list of legitimate parental grievances was the decision to keep many schools closed during the 2020-21 school year, despite strong scientific evidence that it was safe to reopen. Research by our own organization, the Wisconsin Institute for Law & Liberty (WILL), found that it was not the rates of COVID transmission in a community that effected reopening decisions, but rather whether there was a strong union presence in the school district.

This electoral disconnect has continued into the present school year with many schools persisting in their belief that mask mandates are necessary or somehow even legally required. Also, many schools have doubled down on the continued expansion of critical race theory and “equity” policies. Here in Wisconsin, school boards have also eschewed transparency and in some cases attempted to limit public comment at meetings.

In response, parents have certainly escalated the fight by employing unusual and extreme tactics. For example, Wisconsin has had more school-board recall attemptsthis year than any other state except California. While no school board member has yet been recalled, six schoolboard members have resigned in response to recall attempts and roughly 1/3 of incumbents lost in the spring 2021 election. Some parents have also moved to take over annual school board meetings, and in one case, successfully cut school-board member salaries by $6,400 each. Other school board meetings have become colorful, to say the least, and in some circumstances, rather raucous.

Will Flanders:

The News: The recent release of Wisconsin’s state report cards for individual districts and schools proved, once again, that the current composition of the report card is not doing enough to reveal the true state of education and academic performance in Wisconsin’s schools. A new policy brief from the Wisconsin Institute for Law & Liberty (WILL) highlights why the various elements of the report card intended to address persistent achievement gaps serve to create a scenario where schools with high numbers of low-income students can earn a passing grade, “Meets Expectations,” with academic proficiency rates of 10% or less.

The Quote: WILL Research Director, Will Flanders, said, “Wisconsin’s state report cards are, quite simply, not serving their purpose. Families, taxpayers, and policymakers deserve a report card that accurately shows the state of Wisconsin’s schools.”

How to Improve the Report Card: In The Soft Bigotry of Low Expectations: Wisconsin’s Report Card “Fails to Meet Expectations,” WILL Research Director, Will Flanders, takes on the key metrics that are warping the results and masking poor achievement in Wisconsin’s state report card. Flanders suggests the following reforms:

• Reduce the weight applied to growth scores in low-income schools. Student growth is important, but a report card formula that counts student growth as 45% of a score in some schools and only 5% in others is unfair and untenable.
• Report card thresholds should be established by state law. The legislature should remove the ability of DPI to adjust report card thresholds at their own volition—”Meeting Expectations” should mean the same thing every year.
• Restore absenteeism and dropout reductions in the report card formula. If the pandemic has shown us anything in education policy, it is that classroom-based instruction matters. School districts that fail to get students into the classroom should have that reflected in their scores.

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results 

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

WEAC: $1.57 million for Four Wisconsin Senators

Friday Afternoon Veto: Governor Evers Rejects AB446/SB454; an effort to address our long term, disastrous reading results

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration.

When A Stands for Average: Students at the UW-Madison School of Education Receive Sky-High Grades. How Smart is That?

Betsy DeVos:

In theory, state laws across the country already affirm parents’ rights to access the instructional materials used in the classroom. But after the Wisconsin Institute for Law and Liberty revealed some Wisconsin school districts were demanding as much as $5,000 to respond to simple public records requests about content in a handful of courses at a handful of schools, state lawmakers recognized that the vague assurances currently on the books offer parents no meaningful rights at all.

WILL:

The News: Governor Tony Evers signed public school spending transparency legislation (AB 378 / SB 373) into law, Friday, initiating a new process to shed more light on how public schools spend public dollars. The Wisconsin Institute for Law & Liberty (WILL) supported the bipartisan legislation to establish a commission of public-school representatives to determine how to collect and display the information online.

The Quote: WILL Director of Education Policy, Libby Sobic, said, “WILL is proud to work with Senator Felzkowski and Representative Magnafici to craft and champion legislation to create much-needed transparency about public school funding. For the first time, the public will be able to determine just how taxpayer funds are allocated and whether it is benefitting our students and teachers.”

Josh King, a parent from Oregon, Wisconsin, said, “As a parent and a proud family member to many lifelong public school teachers, this legislation is an important first step to create a benchmark in transparency about school funding. This will help parents to engage schools on resourcing agreed upon priorities.”

WILL:

A non-profit finally acquired a vacant elementary school in Mattoon, Wisconsin, subject of a lengthy legal dispute over ownership, and intends to start a private choice school in the underserved community. The Wisconsin Institute for Law & Liberty (WILL) represented the non-profit, Shepherd’s Watch, in the legal fight over ownership of the building that concluded earlier this year when the Antigo School Board voted to sell the property to the Village of Mattoon and Town of Hutchins, who in turn sold it to Shepherd’s Watch.

The Quotes: WILL Deputy Counsel, Anthony LoCoco, said, “We are thrilled Shepherd’s Watch finally acquired the empty Mattoon Elementary school and can now work towards opening a private school that offers new options to local families. Rural Wisconsin deserves school choice just as much urban and suburban communities.”

Wade Reimer, President of Shepherd’s Watch, said, “The community of Mattoon and the surrounding area can only benefit from a Christian choice school. The excitement of this potential radiates throughout the community. Shepherd’s Watch continues to pray for leadership and guidance to reach this goal.”

Jessica Holmberg and Will Flanders:

Teachers are fundamental in supporting and molding the minds of America’s future workforce. Unfortunately, the teaching workforce is experiencing crisis-level shortages. Research estimates that the national gap between supply and demand for teachers will grow to more than 100,000 by 2024. While there are many factors contributing to enrollment declines, one major factor that states could use to alleviate the problem is tackling overly burdensome licensing requirements.

For some time, there has been declining enrollment in educator preparation programs and a high level of new teacher turnover in Wisconsin and the U.S. as a whole. In Wisconsin alone, educator preparation enrollment decreased nearly 30% since 2008, according to a recent analysis.

One of the major problems in getting teachers into the classroom are complex licensing requirements. Every state requires some form of teaching license for teaching in the public-school system. The Wisconsin Institute for Law & Liberty (WILL) released a report that reviewed the many steps a teaching candidate is required to take before licensure. To begin, all teacher candidates must complete an educator preparation program that traditionally takes four years, but may be less depending on whether the candidate holds a bachelor’s degree or not. During preparation, candidates may be required to maintain minimum grade point averages and pass numerous content-related courses and assessments, among other requirements. In 2018 only 45.3% of candidates in Wisconsin passed the Praxis II Mathematics licensure assessment, even after multiple attempts.

In defense of liberty:

Under the legislation, prospective parents will no longer have to guess and gamble about whether a nearby school is informally slipping into the classroom content such as the New York Times 1619 Project, or assigning literature like Ibram Kendi’s How to Be an Anti-Racist, which tells students, “The only remedy to past discrimination is present discrimination.”  Instead, as noted by Rep. Behnke, this new Academic Transparency legislation “allows families to make informed decisions about their children’s education experience.” Indeed, for the first time, parents will have the ability to identify and distinguish between schools pushing radical politics versus those affirming core academic principles before they’re forced to choose where to send their children. 

Opponents of the legislation found almost no objection too outlandish to level against the new measure, including declaring during the final votes that “this bill censures history” and that its sponsors “are taking away local control of school boards,” despite the fact the bill allows school boards and teachers to continue selecting whatever curriculum materials they wish. The real problem, it seems, is that now they will have to disclose them.

As Max Eden of the American Enterprise Institute observed of Academic Transparency even before Wisconsin’s latest votes, “This proposal is starting to catch fire across the country. It has been introduced in Texas and Illinois, and passed in the Arizona State Senate and the North Carolina State House…[and] earlier this month, Wyoming became the latest state to take up this proposal.”

Now, with the passage of SB463, Wisconsin lawmakers have officially set the bar high for other states looking to empower parents and contain the outbreak of politically radical, racially divisive content flooding our K-12 school system.

WAOW:

As classrooms opening up across the country, they notice a shortage. Not in schools supplies, but teachers.

After years of school, student teaching and prepping for the Praxis exam, many teachers across the country still come to the same conclusion: teaching is not for them.

Research shows on average teachers have been leaving the field after five years. The Wisconsin Institute of Law and Liberty (WILL) says this is a side effect of the job and teachers are tired of all the red tape surrounding the job.

“Teachers often don’t feel supported in terms of discipline and things like that but often there is this continual process of licensure that teachers have to go through as well,” said Will Flanders, a researcher at WILL.

Wisconsin Institute for Law & Liberty:

The Problem: Current school funding is a complex combination of state, local and federal aid. Funding in districts is largely based on antiquated revenue limits that have cemented in place funding gaps for 25 years. Students are worth more, or less, depending on where they happen to live, or whether they attend a choice or charter school. Even worse, the current funding system utilizes a three-year rolling average of enrollment that allows districts to receive funding for students they no longer educate. This current model is a barrier to reform.

Weighted Student Funding: Wisconsin can fund students, not just buildings and systems. A system of weighted student funding would provide the same level of funding for each student regardless of school sector, or home district. Students would receive extra revenue based on characteristics like poverty, disabilities, and English language learners, but otherwise would be valued the same.

The advantage of this system would be to create a dynamic student-centered funding system that allows for the expansion of new and innovate education models. We can get more money flowing into the classroom and not get bogged down in administrative costs. Finally, weighted student funding would unshackle students and schools from an opaque and complex formula that relies too heavily on the property wealth or poverty of a given community.

Commentary.

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration

Shannon Whitworth:

School Choice advocates across the nation were given a gem of an opportunity this past year to prove the value of their programs when teachers unions refused to return teachers to classrooms when it was demonstrably safe to do so. In fact, across 30 states nearly 50 school choice bills were introduced this year, according to the Wall Street Journal. However, Wisconsin Gov. Tony Evers showed again on June 18 that he does not care about children’s education — except to the extent that he can continue to bolster Wisconsin’s failed public school establishment — when he vetoed a bill which would have expanded school choice in the state.

The bill would have broadened the income restrictions to three times the poverty level for the Wisconsin Parental Choice Program, which would have increased access for students and parents desperate to get their kids out of failing Wisconsin public schools.

Wisconsin voters should remember that Evers, immediately prior to becoming the state’s highest elected official, was the superintendent of Wisconsin’s Department of Public Instruction for a decade. Presiding over public schools with the worst achievement gap between Black and white students in the nation and a Milwaukee Public School District in which his own agency graded nearly 75% of the schools as failing to meet expectations for over 50,000 children, Evers is also a staunch school choice opponent.

Expanding school choice would not only benefit urban children. According to a study the Wisconsin Institute for Law & Liberty put out last summer, 44,000 rural students in Wisconsin do not live within 10 miles of a high-quality school. By vetoing this bill, Evers has not only failed inner-city Black children, but children in rural Wisconsin.

Evers’ rationale for the veto was that expansion of the choice program would necessarily take funds away from the public school system. This argument has been debunked a myriad of times. In fact, after a student leaves a district, the public school still receives funds for the student for a rolling period of three years. The real question is, why give a school that is continuing to fail children even more taxpayer money? Outside of government, employees must improve their skills and productivity to merit being paid more money by their employer, and our schools should be no different.

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration.

Wisconsin Institute for Law and Liberty:

The News: The Wisconsin Institute for Law & Liberty (WILL) issued a demand letter, on behalf of a group of concerned parents, to Elmbrook Schools urging immediate action to remove sexually explicit materials available through the district’s online library that violate state law and parents’ constitutional rights. At least three books and ebooks in the Elmbrook School system, which were until very recently available to children as young as 3rd grade, feature graphic instructions on sex acts and the use of online sex apps. The books are still available to 6th graders.

The Quote: WILL Deputy Counsel, Dan Lennington, said, “School districts have an obligation to know if their library collections feature sexually explicit material available to young children. Elmbrook needs to immediately address this content and make clear to District parents that they take this matter seriously.”

Background: Recently, the parent of a sixteen-year-old Elmbrook student used that student’s school-issued Chromebook to access Sora, a school-sponsored app that makes available Elmbrook’s ebook and audiobook collection to students “for all levels – preschool to adult,” and confirmed access to sexually explicit material. Another book is available in a middle school library.

The content that has parents concerned include:

WILL:

The News: The Wisconsin Supreme Court unanimously declared that an order from the City of Racine’s public health officer closing all schools, public and private, in response to the COVID-19 pandemic, is invalid and lacked proper legal authority. The Wisconsin Institute for Law & Liberty (WILL) filed an original action to the Wisconsin Supreme Court on November 19, on behalf of a group of parents, schools, and membership associations. The Court granted WILL’s original action and issued a temporary injunction blocking the City of Racine’s school closure order before it could go into effect on November 27.

Quote: WILL President and General Counsel, Rick Esenberg, said, “The Court determined, once again, that a local public health officer violated the law when it ordered all schools in her jurisdiction closed. This marks another important case reminding public officials that emergencies do not override the rule of law.”

Background: The City of Racine Public Health Department issued an order on November 12, closing all school buildings in the City of Racine, private and public, from November 27 to January 15, as a means of addressing COVID-19. When Racine issued this order, WILL had already filed an original action to the Wisconsin Supreme Court challenging Dane County’s school closure order and obtained an order enjoining it.

WILL filed an original action to the Wisconsin Supreme Court on November 19, on behalf of a group of parents, schools, and membership associations and similarly earned a temporary injunction blocking Racine’s school order while the Court decided the challenge to Dane County.

Related: Catholic schools will sue Dane County Madison Public Health to open as scheduled

Notes and links on Dane County Madison Public Health. (> 140 employees).

Molly Beck and Madeline Heim:

which pushed Dane County this week not to calculate its percentage of positive tests — a data point the public uses to determine how intense infection is in an area.   

While positive test results are being processed and their number reported quickly, negative test results are taking days in some cases to be analyzed before they are reported to the state. 

Channel3000:

The department said it was between eight and 10 days behind in updating that metric on the dashboard, and as a result it appeared to show a higher positive percentage of tests and a lower number of total tests per day.

The department said this delay is due to the fact data analysts must input each of the hundreds of tests per day manually, and in order to continue accurate and timely contact tracing efforts, they prioritized inputting positive tests.

“Positive tests are always immediately verified and processed, and delays in processing negative tests in our data system does not affect notification of test results,” the department said in a news release. “The only effect this backlog has had is on our percent positivity rate and daily test counts.”

Staff have not verified the approximately 17,000 tests, which includes steps such as matching test results to patients to avoid duplicating numbers and verifying the person who was tested resides in Dane County.

All 77 false-positive COVID-19 tests come back negative upon reruns.

Madison private school raises $70,000 for lawsuit against public health order. – WKOW-TV. Commentary.

WEAC: $1.57 million for Four Wisconsin Senators

Assembly against private school forced closure.

Wisconsin Catholic schools will challenge local COVID-19 closing order. More.

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration.

Chris Rickert:

Conservative law firm calls on Sun Prairie to reject race-based ‘community conversation’ groups

A conservative, Milwaukee-based law firm on Wednesday called on the city of Sun Prairie and its school district to cancel plans to host race-based “affinity” groups as part of their effort to address issues of race, diversity and inclusion.

The Wisconsin Institute for Law and Liberty says holding meetings specifically for Asian, white, Black and other racial groups runs counter to federal civil rights laws and American values.

“Some may claim that imposing racial distinctions, like affinity groups, is somehow necessary to address ‘systemic racism,'” the group says in a letter to the city and school district. “Discrimination to cure discrimination is antithetical to the principle of equality under the law.”

As part of the Sun Prairie effort, facilitators with the Las Vegas-based Courageous Conversation Global Foundation are to host six meetings over Zoom between Monday and June 30, with five meetings reserved for a specific racial category — East Indian, Asian, white, Black and Latino — and one intended to be multiracial.

An announcement of the meetings on the city’s website says they “are open to the public,” but “it is respectfully requested that individuals only sign up for the intraracial conversations for the race that they identify with.”

WILL deputy counsel Dan Lennington said the firm isn’t commenting on whether it intends to sue if the city and Sun Prairie School District don’t end plans for the race-based groups but would make a decision on what to do next by Monday.

Wisconsin Supreme Court:

For the respondent, there was a brief filed by Remzy D. Bitar, Sadie R. Zurfluh, and Municipal and Litigation Group ̧ Waukesha. There was an oral argument by Remzy D. Bitar.

For the petitioners Wisconsin Council of Religious and Independent Schools, et al., there was a reply brief filed by Richard M. Esenberg, Anthony LoCoco, Luke N. Berg, Elisabeth Sobic, and Wisconsin Institute for Law & Liberty, Milwaukee.
For the petitioners St. Ambrose Academy, Inc. et al., there was a reply brief filed by Misha Tseytlin, Kevin M. LeRoy, and Troutman Pepper Hamilton Sanders LLP, Chicago, Illinois; with whom on the brief was Andrew M. Bath and Thomas More Society, Chicago, Illinois; with whom on the brief was Erick Kaardal and Mohrman, Kaaradal & Erickson, P.A., Minneapolis, Minnesota.

An amicus curiae brief was filed on behalf of Attorney General Josh Kaul by Colin A. Hector, assistant attorney general, and Colin T. Roth, assistant attorney general; with whom on the brief was Joshua L. Kaul, attorney general.
An amicus curiae brief was filed on behalf of Institute for Justice by Lee U. McGrath, Minneapolis, Minnesota; with whom on the brief was Milad Emam, Arlington, Virginia.

An amicus curiae brief was filed on behalf of Freedom from Religion Foundation by Brendan Johnson, Patrick C. Elliott, and Freedom From Religion Foundation, Inc., Madison.

An amicus curiae brief was filed on behalf of State Superintendent of Public Instruction Carolyn Stanford Taylor and Wisconsin Department of Public Instruction by Heather Curnutt, Madison.

An amicus curiae brief was filed on behalf of City of Milwaukee by Tearman Spencer, city attorney, and Gregory P. Kruse, city attorney.

An amicus curiae brief was filed on behalf of Madison Metropolitan School District and Monona Grove School District by Sheila M. Sullivan, Melita M. Mullen, and Bell, Moore & Richter, S.C., Madison.
An amicus curiae brief was filed on behalf of Madison Teachers Inc., Wisconsin Association of Local Health Departments and Boards, Wisconsin Education Association Council, Milwaukee Teachers’ Education Association, Racine Educators United, Kenosha Education Association, and Green Bay Education Association by Diane M. Welsh, Aaron G. Dumas, and Pines Bach LLP, Madison.
An amicus curiae brief was filed on behalf of Governor Tony Evers and Secretary–Designee of Department of Health Services Andrea Palm by Sopen B. Shah and Perkins Coie LLP, Madison.
An amicus curiae brief was filed on behalf of Wisconsin Faith Voices for Justice by Barry J. Blonien, Tanner Jean-Louis, and Boardman & Clark LLP, Madison.

An amicus curiae brief was filed on behalf of Liberty Justice Center, Alaska Policy Forum, Pelican Institute For Public Policy, Roughrider Policy Center, Nevada Policy Research Institute, and Rio Grande Foundation by Daneil R. Suhr, Reilly Stephens, and Liberty Justice Center, Chicago, Illinois.

An amicus curiae brief was filed on behalf of League of Wisconsin Municipalities by Claire Silverman and Maria Davis, Madison

Related: Catholic schools will sue Dane County Madison Public Health to open as scheduled

Notes and commentary from Scott Girard:

“While Heinrich allowed schools to use their premises for child care and youth recreational activities, the government barred students from attending Mass, receiving Holy Communion at weekly Masses with their classmates and teachers, receiving the sacrament of Confession at school, participating in communal prayer with their peers, and going on retreats and service missions throughout the area.”

Additional commentary:

“Reasonable” should mean that the public health authorities followed their own internal guidelines for evaluating regulations. These include posting the scientific evidence leading to the regulation, receiving community input, and studying the effectiveness and sustainability of the regulation. In the case of Covid and the schools all this was ignored in Dane County. There was no evidence of transmission in children of school age at the start, the community’s wish to have the schools open was ignored and, over time, it was seen that surrounding counties kept their schools open without increasing Covid transmission – and this last point was completely ignored by Dane County. But the Supreme Court didn’t address the issue of irresponsible public health officials. Perhaps it cannot as Owen pointed out. Perhaps dereliction of duty must be addressed by criminal courts. Instead the Supreme Court answered a different question which might be put as follows: suppose a majority of children in a given community refused the regular vaccines – or refuse the covid vaccine – can the public health authorities close the school? The answer was no. This is significant because racism has been defined as a public health issue. Suppose a majority of parents refused to allow their children to attend a CRT seminar defined as immunization against racism and required for admittance to school. Could the public health authorities close that school. No. In the past certain religious tests have been required before attendance at universities was allowed and non-conforming universites have been closed. If racism is a public health issue the Test Acts may return as public health tests and if that happened we may be sure Dane County would adopt Test Regulations closing non-conforming public schools if it could. Then this Court decision, barring such Test Regulations, would seem far-sighted.

Notes and links on Dane County Madison Public Health. (> 140 employees).

Molly Beck and Madeline Heim:

which pushed Dane County this week not to calculate its percentage of positive tests — a data point the public uses to determine how intense infection is in an area.   

While positive test results are being processed and their number reported quickly, negative test results are taking days in some cases to be analyzed before they are reported to the state. 

Channel3000:

The department said it was between eight and 10 days behind in updating that metric on the dashboard, and as a result it appeared to show a higher positive percentage of tests and a lower number of total tests per day.

The department said this delay is due to the fact data analysts must input each of the hundreds of tests per day manually, and in order to continue accurate and timely contact tracing efforts, they prioritized inputting positive tests.

“Positive tests are always immediately verified and processed, and delays in processing negative tests in our data system does not affect notification of test results,” the department said in a news release. “The only effect this backlog has had is on our percent positivity rate and daily test counts.”

Staff have not verified the approximately 17,000 tests, which includes steps such as matching test results to patients to avoid duplicating numbers and verifying the person who was tested resides in Dane County.

All 77 false-positive COVID-19 tests come back negative upon reruns.

Madison private school raises $70,000 for lawsuit against public health order. – WKOW-TV. Commentary.

WEAC: $1.57 million for Four Wisconsin Senators

Assembly against private school forced closure.

Wisconsin Catholic schools will challenge local COVID-19 closing order. More.

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration.

James Wigderson:

The governor’s proposed state budget included an assault on school choice, three assaults actually, as Will Flanders of the Wisconsin Institute for Law & Liberty (WILL) pointed out. The budget included an enrollment cap on all private school voucher programs, eliminating the charter school authorizer Office of Educational Opportunity, and a requirement that all teachers in the school choice program be licensed by the state (even as the state faces a teachers shortage).

We know from prior research that school choice helps close the racial achievement gap. We also know that Wisconsin has the worst racial achievement gap in the country.

“The persistent achievement gap is particularly problematic because this represents the situation prior to the coronavirus pandemic,” Flanders wrote last October in an op-ed. “Differences in access to supplementary materials, tutoring, and even basic internet access tend to fall along racial and economic lines. At a time when most education is being conducted at home, some research has suggested that the pandemic will serve to further exacerbate these gaps.”

The largest school districts in the state, serving the largest numbers of minority students, refused to be open to in-person instruction during the pandemic despite research showing that transmission of Covid-19 from students was minimal. Meanwhile, many suburban and rural school districts, along with school choice and charter schools, remained open to in-person instruction and demonstrated that it could be done safely. While the teachers unions kept the schools closed that served the state’s minority populations, Evers remained silent.

WILL:

The Wisconsin Institute for Law & Liberty (WILL) issued a letter, Monday, to Madison Metropolitan School District (MMSD) Superintendent, Dr. Carlton Jenkins, urging the school district to address the racial segregation employed at Madison West High School for Zoom conversations on current events. This is the second occasion in the last year where WILL has warned MMSD that racial segregation in education is illegal under federal law.

The Quote: WILL Deputy Counsel, Dan Lennington, said, “Racial segregation is never beneficial or benign. It is our hope that the leadership at MMSD take this opportunity to commit the school district to the principle of equality and end all racial segregation immediately.”

Background: Recently, an email originating from the Madison Metropolitan School District (MMSD) invited families of Madison West High School to a conversation related to “all the police brutality and violence that is going on.” After asserting that it is “very necessary to have space for our families to discuss and process,” the email provides two different Zoom links: one for Parents of Color and another for White Parents.

West High School principal apologizes for email suggesting racially segregated meetings

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarcerati

WILL:

Thank you for the opportunity to submit testimony in support of Senate Bill 41. The Wisconsin Institute for Law & Liberty (WILL) believes that every student in Wisconsin deserves access to a high-quality education and this bill advances that principle by removing barriers in the Open Enrollment and Wisconsin Parental Choice Programs.

Senate Bill 41 expands access to both the Open Enrollment and Wisconsin Parental Choice Programs by removing the zip code barrier, which locks students into limited educational options based on their address.

The Open Enrollment Program is the state’s largest school choice program with over 65,000 students last year choosing to attend a public school outside of their residential district. Our research1 found that demand and utilization of this program have grown over the past 20 years. In fact, overall participation increases each year 3-6% (or approx. 2,000-4,000 students). However, over 9,000 applications (24%) were denied in the 2019-2020 school year by districts and the overwhelming reason for denial was space.
Furthermore, the COVID-19 pandemic highlighted families’ interest and need for additional educational options. Without a doubt, more families are looking for the best educational options for their students outside of their assigned public schools. The program must be amended to respond to the increased demand. But the Open Enrollment Program limits applications to only three non-residential districts per year, which restricts families’ options even further. SB 41 expands options for families by removing the three application limit for the 2021-2022 school year so families can find the school that best meets the educational needs of their child.

The Open Enrollment Program also allows students to apply outside of the traditional enrollment window by submitting an “alternative application” under certain circumstances, including “best interest for the child.” Just last year, 14,000 of the 15,000 alternative applications were submitted for that reason. SB 41 prohibits a child’s resident school district from denying a student transfer to a nonresidential district if both the parents and nonresidential district agree it’s in the best interest of the child. This will help keep families seeking alternative education options from being denied access to a nonresidential public school.

Institute for Reforming Government, Wisconsin Manufacturers & Commerce, Wisconsin, Federation for Children School Choice, Wisconsin Action ExcelinEd in Action, Wisconsin Institute for Law & Liberty, The John K. MacIver Institute for Public Policy Badger Institute, FreedomWorks and Building Education for Students Together:

Dear Governor Evers, Speaker Vos, Majority Leader LeMahieu, and State Superintendent Stanford Taylor,

At last Thursday’s Joint Education Committee hearing on how to spend the American Rescue Plan’s billions of dollars in supplemental funding for K-12 education, a common, bipartisan theme emerged: policymakers in Wisconsin must find ways to help students who have fallen behind, failed courses, and gone missing. In response, our organizations are calling on lawmakers, to the greatest extent possible, to utilize the American Rescue Plan’s $1.5 billion in new K-12 funding to support course access for struggling students. This could:

1. Allow parents to choose the courses that best fit the needs of their children at the school they currently attend.

2. Fund after school, summer school, and other courses that meet each child’s individual needs and help them get caught up and ready to excel.

3. Ensure accountability by allowing only course providers—including other traditional public, private, or public charter schools, dual enrollment courses through universities or technical colleges, or other private providers such as tutors—to receive full payment only if the student successfully completes the course.

Wisconsin K-12 At a Crossroads: Before the pandemic, our reading scores were below the national average. Wisconsin’s racial achievement gaps consistently rank near the largest in the nation. The K-12 system simply prevented too many students from realizing the American Dream.

Our organizations are deeply concerned that COVID-19 has exacerbated the achievement gap while simultaneously lowering outcomes across the board, even for many students who once earned solid A’s. More troubling, Wisconsin public school enrollment has dropped by 25,000 in a single year. While some of those students simply fled schools that were closed in favor of private options that were teaching in person, many others are simply missing. For those who are logging into virtual learning, failure rates are skyrocketing. A Milwaukee Journal Sentinel survey of 60 school districts in Wisconsin concluded that 90% of the districts had higher failure rates than the year prior. Around one in three students at Milwaukee Public Schools, according to the district, failed the fall semester. At Wausau Public Schools, around one in four middle school and high school students failed a course (a quadruple increase from the prior year).

Related: Catholic schools will sue Dane County Madison Public Health to open as scheduled

Notes and links on Dane County Madison Public Health. (> 140 employees).

Molly Beck and Madeline Heim:

which pushed Dane County this week not to calculate its percentage of positive tests — a data point the public uses to determine how intense infection is in an area.   

While positive test results are being processed and their number reported quickly, negative test results are taking days in some cases to be analyzed before they are reported to the state. 

Channel3000:

The department said it was between eight and 10 days behind in updating that metric on the dashboard, and as a result it appeared to show a higher positive percentage of tests and a lower number of total tests per day.

The department said this delay is due to the fact data analysts must input each of the hundreds of tests per day manually, and in order to continue accurate and timely contact tracing efforts, they prioritized inputting positive tests.

“Positive tests are always immediately verified and processed, and delays in processing negative tests in our data system does not affect notification of test results,” the department said in a news release. “The only effect this backlog has had is on our percent positivity rate and daily test counts.”

Staff have not verified the approximately 17,000 tests, which includes steps such as matching test results to patients to avoid duplicating numbers and verifying the person who was tested resides in Dane County.

All 77 false-positive COVID-19 tests come back negative upon reruns.

Madison private school raises $70,000 for lawsuit against public health order. – WKOW-TV. Commentary.

WEAC: $1.57 million for Four Wisconsin Senators

Assembly against private school forced closure.

Wisconsin Catholic schools will challenge local COVID-19 closing order. More.

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration.

Shannon Whitworth:

Miguel Cardona’s confirmation this month as President Biden’s secretary of education has left the nation’s school choice advocates wary but hopeful. Certainly, they appreciate the fact that Biden decided against elevating a number of teachers union executives to the position. In fact, after Cardona put in a good word for Connecticut’s charter schools and was an advocate for reopening Connecticut’s schools post COVID-19 closures, one is almost skeptical as to how his nomination avoided being canceled by liberal unions, let alone received their endorsements. In a letter from Cardona put out by the department after his confirmation, he said, “The research is conclusive: when they can do so safely, students are better off learning in school, in person, rather than remotely.” 

School choice advocates may owe former Education Secretary Betsy DeVos a debt of gratitude for pushing so hard on her policies that progressives were willing to accept anyone remotely resembling a normal-sounding Democrat. Whether Cardona’s support from the Republican senators who voted in his favor turns out to be a Faustian bargain in disguise, however, remains unknown.

The challenges facing the nation’s public schools are dire. Before even focusing on our nation’s inner-city schools, it is worth noting, for example, that in Wisconsin, according to research by the Wisconsin Institute for Law & Liberty, there are over 40,000 school-age children in 134 rural zip codes who do not have a high-performing school within 10 miles of where they live. These rural schools actually lag behind Wisconsin’s urban schools, which is saying something because in Milwaukee Public Schools alone, more than 40% of the schools fail to meet expectations, according to the Wisconsin Department of Public Instruction. The suburban schools, where parental wealth creates educational options for their children, have been outperforming rural and urban schools for years, creating the largest achievement gap between black and white students in the nation.

CJ Szafir:

4. Billions in savings for taxpayers: Since 2011, Act 10 has saved taxpayers over $13 billion, according to the MacIver Institute.   

5. The sky didn’t fall on public education.  A study from the Wisconsin Institute for Law & Liberty, which I co-authored, showed that Act 10 had little or no impact on student-teacher ratios, the number of licensed teachers, school district spending on teacher salaries, and teacher experience. Especially as Wisconsin compared to other states that didn’t enact collective bargaining reform.

Further analysis by WILL showed that districts that embraced Act 10 actually had an uptick in math test scores.

Much more on Act 10, here.

WEAC: $1.57 million for Four Wisconsin Senators

Assembly against private school forced closure.

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration.act 10

Shannon Whitworth:

Let us not forget that prior to the pandemic panic, Wisconsin already had the largest achievement gapbetween white and Black children in the nation. This gap will only get worse as schools across the state continue with in-person instruction while MPS students struggle to connect virtually, and in many ways educate themselves. Inner-city students are far less likely to have comparable access to technology, according to a recent study by the Rand Corporation, and many more of these students are working or are having to care for younger siblings while their parents are working.

For many of these students, school is the only place where they get a decent meal. Most importantly, attending school in-person is the most effective means of instruction because of the personal connection students establish with teachers. A selling point for any school is smaller class sizes because an instructor has more of an opportunity to connect, understand and individualize the instruction. By going all-virtual, MPS has gone the opposite direction with predictable, disastrous results.

One cannot underscore enough the importance of a high school diploma, with high-school graduates generating significantly higher lifetime earningsthan dropouts. A recent study by the Wisconsin Institute for Law & Liberty (WILL) found that learning loss from the Spring 2020 semester will result in an estimated $7.7 billion in lost lifetime earnings for Wisconsin students.

Related: Catholic schools will sue Dane County Madison Public Health to open as scheduled

Notes and links on Dane County Madison Public Health. (> 140 employees).

Molly Beck and Madeline Heim:

which pushed Dane County this week not to calculate its percentage of positive tests — a data point the public uses to determine how intense infection is in an area.   

While positive test results are being processed and their number reported quickly, negative test results are taking days in some cases to be analyzed before they are reported to the state. 

Channel3000:

The department said it was between eight and 10 days behind in updating that metric on the dashboard, and as a result it appeared to show a higher positive percentage of tests and a lower number of total tests per day.

The department said this delay is due to the fact data analysts must input each of the hundreds of tests per day manually, and in order to continue accurate and timely contact tracing efforts, they prioritized inputting positive tests.

“Positive tests are always immediately verified and processed, and delays in processing negative tests in our data system does not affect notification of test results,” the department said in a news release. “The only effect this backlog has had is on our percent positivity rate and daily test counts.”

Staff have not verified the approximately 17,000 tests, which includes steps such as matching test results to patients to avoid duplicating numbers and verifying the person who was tested resides in Dane County.

All 77 false-positive COVID-19 tests come back negative upon reruns.

Madison private school raises $70,000 for lawsuit against public health order. – WKOW-TV. Commentary.

WEAC: $1.57 million for Four Wisconsin Senators

Assembly against private school forced closure.

Wisconsin Catholic schools will challenge local COVID-19 closing order. More.

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration.

WILL:

Attorneys at the Liberty Justice Center and Wisconsin Institute for Law & Liberty (WILL) are warning Madison Teachers Inc. that they face legal repercussions if they move forward with an illegal sick out on Monday.

“Madison Teachers, Inc. leaders are asking their members to falsely call-in sick in order to shut down in-person learning,” said Daniel Suhr, senior attorney at the Liberty Justice Center. “An organized sick out is a form of strike and illegal in the State of Wisconsin and we are prepared to file a lawsuit to stop this illegal action. Madison students need to be in school, not used as pawns in a publicity stunt.”

Attorneys at public-interest law firms the Liberty Justice Center and WILL notified the union that in the event of an illegal strike, Wisconsin law authorizes students and parents, as well as the school district, to enforce the ban on teacher strikes in court. Liberty Justice Center and WILL plan to file a lawsuit in state court on behalf of Madison parents to stop the strike.

The Liberty Justice Center is a nonprofit law firm that won a pivotal Supreme Court case against government unions in 2018. Their attorneys have taken on illegal teachers strikes across the country, including in Idaho, Virginia, Arizona and most recently in Chicago.

Related: Catholic schools will sue Dane County Madison Public Health to open as scheduled

Notes and links on Dane County Madison Public Health. (> 140 employees).

Molly Beck and Madeline Heim:

which pushed Dane County this week not to calculate its percentage of positive tests — a data point the public uses to determine how intense infection is in an area.   

While positive test results are being processed and their number reported quickly, negative test results are taking days in some cases to be analyzed before they are reported to the state. 

Channel3000:

The department said it was between eight and 10 days behind in updating that metric on the dashboard, and as a result it appeared to show a higher positive percentage of tests and a lower number of total tests per day.

The department said this delay is due to the fact data analysts must input each of the hundreds of tests per day manually, and in order to continue accurate and timely contact tracing efforts, they prioritized inputting positive tests.

“Positive tests are always immediately verified and processed, and delays in processing negative tests in our data system does not affect notification of test results,” the department said in a news release. “The only effect this backlog has had is on our percent positivity rate and daily test counts.”

Staff have not verified the approximately 17,000 tests, which includes steps such as matching test results to patients to avoid duplicating numbers and verifying the person who was tested resides in Dane County.

All 77 false-positive COVID-19 tests come back negative upon reruns.

Madison private school raises $70,000 for lawsuit against public health order. – WKOW-TV. Commentary.

WEAC: $1.57 million for Four Wisconsin Senators

Assembly against private school forced closure.

Wisconsin Catholic schools will challenge local COVID-19 closing order. More.

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration.

Wisconsin Institute for Law and Liberty:

New study examines Wisconsin’s emergency powers laws, provides recommendations for reform

The News: A new study from the Wisconsin Institute for Law & Liberty (WILL) makes the case that Wisconsin’s antiquated emergency powers statutes are in urgent need of reform. The report, titled More Than “A Little Danger:” Reforming Wisconsin’s Emergency Powers After COVID-19, provides an in-depth examination of the state of Wisconsin’s emergency powers laws and how they have failed to protect liberty and the separation of powers during the COVID-19 pandemic.

Related: Catholic schools will sue Dane County Madison Public Health to open as scheduled

Notes and links on Dane County Madison Public Health. (> 140 employees).

Molly Beck and Madeline Heim:

which pushed Dane County this week not to calculate its percentage of positive tests — a data point the public uses to determine how intense infection is in an area.   

While positive test results are being processed and their number reported quickly, negative test results are taking days in some cases to be analyzed before they are reported to the state. 

Channel3000:

The department said it was between eight and 10 days behind in updating that metric on the dashboard, and as a result it appeared to show a higher positive percentage of tests and a lower number of total tests per day.

The department said this delay is due to the fact data analysts must input each of the hundreds of tests per day manually, and in order to continue accurate and timely contact tracing efforts, they prioritized inputting positive tests.

“Positive tests are always immediately verified and processed, and delays in processing negative tests in our data system does not affect notification of test results,” the department said in a news release. “The only effect this backlog has had is on our percent positivity rate and daily test counts.”

Staff have not verified the approximately 17,000 tests, which includes steps such as matching test results to patients to avoid duplicating numbers and verifying the person who was tested resides in Dane County.

All 77 false-positive COVID-19 tests come back negative upon reruns.

Madison private school raises $70,000 for lawsuit against public health order. – WKOW-TV. Commentary.

WEAC: $1.57 million for Four Wisconsin Senators

Assembly against private school forced closure.

Wisconsin Catholic schools will challenge local COVID-19 closing order. More.

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration.

Benjamin Yount:

The Wisconsin Institute for Law and Liberty is releasing a new study that puts the cost for keeping schools closed last spring at over $7 billion. 

Will Flanders, research director at WILL, said the number comes from study after study that shows less time in the classroom as well as a widening achievement gap hurts students in the long run. 

“There are solid studies conducted over a number of years on how much lifetime earning decline from missing a year of school,” Flanders explained. “These have primarily been based on dropouts before COVID, obviously, but they are applicable here. We applied those numbers to the percentage of curriculum that each district says they missed during the spring semester.”

And that’s just from last spring. 

Flanders says many schools in Wisconsin, including the largest district in Milwaukee, Madison, Racine and Kenosha kept kids learning from home for most of this year as well. Many of those kids continue to learn from home. 

“This study takes a very conservative approach by accepting the notion that kids are learning at home,” Flanders said. “While we think that such learning is likely to be far more limited than in the traditional environment, we’re only using the percentage of curriculum that school districts admit to having missed out on. The learning loss is actually likely to be far more dramatic than what has been reported here.”

Related: Catholic schools will sue Dane County Madison Public Health to open as scheduled

Notes and links on Dane County Madison Public Health. (> 140 employees).

Molly Beck and Madeline Heim:

which pushed Dane County this week not to calculate its percentage of positive tests — a data point the public uses to determine how intense infection is in an area.   

While positive test results are being processed and their number reported quickly, negative test results are taking days in some cases to be analyzed before they are reported to the state. 

Channel3000:

The department said it was between eight and 10 days behind in updating that metric on the dashboard, and as a result it appeared to show a higher positive percentage of tests and a lower number of total tests per day.

The department said this delay is due to the fact data analysts must input each of the hundreds of tests per day manually, and in order to continue accurate and timely contact tracing efforts, they prioritized inputting positive tests.

“Positive tests are always immediately verified and processed, and delays in processing negative tests in our data system does not affect notification of test results,” the department said in a news release. “The only effect this backlog has had is on our percent positivity rate and daily test counts.”

Staff have not verified the approximately 17,000 tests, which includes steps such as matching test results to patients to avoid duplicating numbers and verifying the person who was tested resides in Dane County.

All 77 false-positive COVID-19 tests come back negative upon reruns.

Madison private school raises $70,000 for lawsuit against public health order. – WKOW-TV. Commentary.

WEAC: $1.57 million for Four Wisconsin Senators

Assembly against private school forced closure.

Wisconsin Catholic schools will challenge local COVID-19 closing order. More.

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration.

Noel Evans:

Math test scores in schools across Wisconsin have been steadily improving, according to a new study.

The study from The Wisconsin Institute for Law & Liberty (WILL), “Keeping Score: Act 10’s Impact on Student Achievement,” attributes the rise in scores, particularly in the math scores of students from kindergarten through high school, to changes enacted under Act 10.

Approved by state lawmakers in 2011 and signed by Gov. Scott Walker, Act 10 focused on a wide-range of policies to alleviate deficits in the state budget. From an education standpoint, Act 10 cut back the collective bargaining powers of public-sector unions in the state, including teacher unions.

Notes and links on Act 10.

Ed Treleven:

An Oregon dance studio that last week drew a 119-count complaint from the joint Madison and Dane County public health department for alleged COVID-19 health order violations is suing the department, joining a lawsuit that challenges Dane County’s indoor gathering limits.

A Leap Above Dance, which faces nearly $24,000 in fines for alleged violations of an emergency order issued by Public Health Madison and Dane County, on Tuesday became a plaintiff in a lawsuit filed last month on behalf of two local parents who have children involved in sports teams.

The lawsuit, filed on Jan. 20 by the conservative Wisconsin Institute for Law and Liberty, challenges the health department’s authority to issue emergency orders to curb the spread of COVID-19 without approval from the Dane County Board. It also questions limits placed on sports in the latest emergency order, No. 12, issued on Jan. 12.

The lawsuit was originally filed directly with the Wisconsin Supreme Court, which in December decided 4-3 against taking the case and told plaintiffs to start in circuit court.

Related: Catholic schools will sue Dane County Madison Public Health to open as scheduled

Notes and links on Dane County Madison Public Health. (> 140 employees).

Molly Beck and Madeline Heim:

which pushed Dane County this week not to calculate its percentage of positive tests — a data point the public uses to determine how intense infection is in an area.   

While positive test results are being processed and their number reported quickly, negative test results are taking days in some cases to be analyzed before they are reported to the state. 

Channel3000:

The department said it was between eight and 10 days behind in updating that metric on the dashboard, and as a result it appeared to show a higher positive percentage of tests and a lower number of total tests per day.

The department said this delay is due to the fact data analysts must input each of the hundreds of tests per day manually, and in order to continue accurate and timely contact tracing efforts, they prioritized inputting positive tests.

“Positive tests are always immediately verified and processed, and delays in processing negative tests in our data system does not affect notification of test results,” the department said in a news release. “The only effect this backlog has had is on our percent positivity rate and daily test counts.”

Staff have not verified the approximately 17,000 tests, which includes steps such as matching test results to patients to avoid duplicating numbers and verifying the person who was tested resides in Dane County.

All 77 false-positive COVID-19 tests come back negative upon reruns.

Madison private school raises $70,000 for lawsuit against public health order. – WKOW-TV. Commentary.

WEAC: $1.57 million for Four Wisconsin Senators

Assembly against private school forced closure.

Wisconsin Catholic schools will challenge local COVID-19 closing order. More.

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration.

Benjamin Yount:

There are winners and losers in Wisconsin’s Open Enrollment program, but just who fits in either category may be a bit surprising. 

The Wisconsin Institute for Law and Liberty released its deep dive into the state’s Open Enrollment program last week. The report details a number of positives, a handful of negatives, and some suggestions to make sure that all kids in Wisconsin get a shot at a high quality education. 

The report states there are net winners and net losers in the program. It’s not a reflection on the quality of education, rather it’s WILL’s measure of school districts that gain students through open enrollment and school districts that lose students. 

WILL found that many low-income schools lose both students and state funding because of open enrollment, and that higher income schools usually attract those students. 

“Between 2015 and 2019 the top 15 net winning districts each year saw net increases in enrollment of between 24%- 69%,” the report states. “The top 15 ‘net-losing’ school districts between 2015 and 2019 saw enrollment losses between 13% and 47%.”

WILL’s Jessica Holmberg said the numbers tell only part of the story. 

WILL:

The News: With the approach of National School Choice Week, January 24-29, the Wisconsin Institute for Law & Liberty (WILL) provides a first of its kind look at Wisconsin’s open enrollment program, arguably Wisconsin’s largest and most popular school choice program. Wisconsin’s open enrollment program serves more than 62,000 Wisconsin students who choose to attend public schools outside of their designated attendance zone. This new study charts the history of the program, the fiscal and enrollment impacts on school districts, and recommendations for reform.

Diving Deeper: For more than 20 years, Wisconsin’s open enrollment program has provided a vital option for Wisconsin families seeking public school options beyond their designated attendance zone. WILL’s new study, Public School Choice in Wisconsin: A Work in Progress, by Jessica Holmberg and Will Flanders, details the growth and impact of Wisconsin’s open enrollment program.

• The open enrollment program is Wisconsin’s largest school choice program. More than 62,000 students across the state participated during the 2018-19 school year. This is approximately 20,000 more than the next largest choice program—private school choice (43,000). The program continues to grow between .3 and .6% each year.

• Parents make open enrollment decisions based on academics. With controls for a number of other variables, Forward Exam proficiency predicts positive open enrollment into a district.

WILL:

The News: The Wisconsin Institute for Law & Liberty (WILL) filed a lawsuit in Dane County Circuit Court, on behalf of two Dane County residents, challenging the Dane County health department’s legal authority to issue sweeping restrictions on all aspects of life in Dane County. This lawsuit is substantially similar to an original action WILL filed with the Wisconsin Supreme Court in November 2020. The Court voted not to grant WILL’s original action, 4-3, without addressing the merits of the case, but four Justices indicated the claims had substantial merit.

The Quote: WILL Deputy Counsel, Luke Berg, said, “Dane County’s health department has enacted some of the strongest restrictions in Wisconsin without any express sanction from local elected officials. This lawsuit asks the court to rein in the ability of local, unelected health officers to unilaterally issue sweeping restrictions.”

Related: Catholic schools will sue Dane County Madison Public Health to open as scheduled

Notes and links on Dane County Madison Public Health. (> 140 employees).

Molly Beck and Madeline Heim:

which pushed Dane County this week not to calculate its percentage of positive tests — a data point the public uses to determine how intense infection is in an area.   

While positive test results are being processed and their number reported quickly, negative test results are taking days in some cases to be analyzed before they are reported to the state. 

Channel3000:

The department said it was between eight and 10 days behind in updating that metric on the dashboard, and as a result it appeared to show a higher positive percentage of tests and a lower number of total tests per day.

The department said this delay is due to the fact data analysts must input each of the hundreds of tests per day manually, and in order to continue accurate and timely contact tracing efforts, they prioritized inputting positive tests.

“Positive tests are always immediately verified and processed, and delays in processing negative tests in our data system does not affect notification of test results,” the department said in a news release. “The only effect this backlog has had is on our percent positivity rate and daily test counts.”

Staff have not verified the approximately 17,000 tests, which includes steps such as matching test results to patients to avoid duplicating numbers and verifying the person who was tested resides in Dane County.

All 77 false-positive COVID-19 tests come back negative upon reruns.

Madison private school raises $70,000 for lawsuit against public health order. – WKOW-TV. Commentary.

WEAC: $1.57 million for Four Wisconsin Senators

Assembly against private school forced closure.

Wisconsin Catholic schools will challenge local COVID-19 closing order. More.

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration

Wisconsin Institute for Law and liberty:

Notice of Claim asserts racial quotas violate the law, Constitution

The News: The Wisconsin Institute for Law & Liberty (WILL) filed a Notice of Claim, Wednesday, putting the City of Madison on notice that an ordinance and resolution creating the new Police Civilian Oversight Board imposes unconstitutional racial quotas. WILL represents seven Madison residents challenging Madison’s decision to require nine members of the eleven-member Police Civilian Oversight Board to belong to specific racial groups – a clear violation of the Constitution’s ban on racial discrimination.

The Quote: WILL President and General Counsel, Rick Esenberg, said, “While it may represent the current zeitgeist, the City of Madison’s decision to insert racial quotas and classifications into law violates the Constitution’s ban on racial discrimination and equal protection before the law. The City of Madison may think they are advancing racial progress, but this policy is, in effect, cloaking deeply regressive policies of racial discrimination.”

WILL:

SUMMARY JUDGMENT HEARING TO DETERMINE FATE OF VACANT ELEMENTARY SCHOOL

The News: Attorneys from the Wisconsin Institute for Law & Liberty (WILL) will participate in a summary judgment hearing, Monday, in a rural school choice case before the Shawano County Circuit Court. WILL represents Shepherd’s Watch, a Mattoon-based Christian community group, attempting to purchase a vacant school building. The Village of Mattoon and the Town of Hutchins are in a legal dispute with the Antigo School District over ownership of the vacant elementary school in Mattoon, Wisconsin.

Monday’s summary judgment hearing will occur at 10:30 am, in-person, before Shawano County Circuit Court Judge William F Kussel Jr.

Benjamin Yount:

Wisconsin schools saved about $40 million by not being open last spring, but a new report says no one is sure where the money went. 

The Wisconsin Institute for Law and Liberty looked at the data included in the coronavirus report issued by the state’s Department of Public Instruction last month. 

“The report asks for costs and savings in five categories: utilities, transportation, food service, personnel, contract terminations, and a catch-all ‘other’ bucket,” WILL Director of Research Will Flanders wrote. “By far the biggest savings came from transportation costs. When schools are shut down, obviously most kids are no longer being transported, leading to a savings statewide of more than $34 million.”

Related: Catholic schools will sue Dane County Madison Public Health to open as scheduled

Notes and links on Dane County Madison Public Health. (> 140 employees).

Molly Beck and Madeline Heim:

which pushed Dane County this week not to calculate its percentage of positive tests — a data point the public uses to determine how intense infection is in an area.   

While positive test results are being processed and their number reported quickly, negative test results are taking days in some cases to be analyzed before they are reported to the state. 

Channel3000:

The department said it was between eight and 10 days behind in updating that metric on the dashboard, and as a result it appeared to show a higher positive percentage of tests and a lower number of total tests per day.

The department said this delay is due to the fact data analysts must input each of the hundreds of tests per day manually, and in order to continue accurate and timely contact tracing efforts, they prioritized inputting positive tests.

“Positive tests are always immediately verified and processed, and delays in processing negative tests in our data system does not affect notification of test results,” the department said in a news release. “The only effect this backlog has had is on our percent positivity rate and daily test counts.”

Staff have not verified the approximately 17,000 tests, which includes steps such as matching test results to patients to avoid duplicating numbers and verifying the person who was tested resides in Dane County.

All 77 false-positive COVID-19 tests come back negative upon reruns.

Madison private school raises $70,000 for lawsuit against public health order. – WKOW-TV. Commentary.

WEAC: $1.57 million for Four Wisconsin Senators

Assembly against private school forced closure.

Wisconsin Catholic schools will challenge local COVID-19 closing order. More.

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration

Unions, political affiliation more predictive of virtual learning decision than COVID cases. The report.

Run for Office: Dane County Executive is on the Spring, 2021 ballot.

Will Flanders & Ben DeGrow:

In the spring, many families were willing to give schools the benefit of the doubt as they adjusted to distance-learning programs, but it looks like time has run out on that goodwill. Part of the frustration is tied to students’ learning losses in key subjects such as math. Even more significant, perhaps, are concerns about mental health and child care.

Fewer parents are now “completely satisfied” with their children’s education; their number fell by 10 percentage points since last year, according to a Gallup poll. Parents across the country have expressed their dissatisfaction by voting with their feet: States from Colorado to Georgia have experienced substantial declines in public school enrollment.

How well do officials’ decisions to keep schools closed explain these enrollment declines? One recent study in Wisconsin attempted to find out. Using data from the more than 400 school districts in the state, the Wisconsin Institute for Law and Liberty found that districts that went fully virtual saw a 3 percent decline in enrollment, on average, once other factors were accounted for.

Many students who left public schools enrolled in the state’s private school choice programs, where a significant number of schools maintained in-person instruction even as traditional public schools shut down. The biggest enrollment declines occurred in the grade levels that have the most difficult time with virtual learning – kindergarten and pre-kindergarten.

Related: Catholic schools will sue Dane County Madison Public Health to open as scheduled

Notes and links on Dane County Madison Public Health. (> 140 employees).

Molly Beck and Madeline Heim:

which pushed Dane County this week not to calculate its percentage of positive tests — a data point the public uses to determine how intense infection is in an area.   

While positive test results are being processed and their number reported quickly, negative test results are taking days in some cases to be analyzed before they are reported to the state. 

Channel3000:

The department said it was between eight and 10 days behind in updating that metric on the dashboard, and as a result it appeared to show a higher positive percentage of tests and a lower number of total tests per day.

The department said this delay is due to the fact data analysts must input each of the hundreds of tests per day manually, and in order to continue accurate and timely contact tracing efforts, they prioritized inputting positive tests.

“Positive tests are always immediately verified and processed, and delays in processing negative tests in our data system does not affect notification of test results,” the department said in a news release. “The only effect this backlog has had is on our percent positivity rate and daily test counts.”

Staff have not verified the approximately 17,000 tests, which includes steps such as matching test results to patients to avoid duplicating numbers and verifying the person who was tested resides in Dane County.

All 77 false-positive COVID-19 tests come back negative upon reruns.

Madison private school raises $70,000 for lawsuit against public health order. – WKOW-TV. Commentary.

WEAC: $1.57 million for Four Wisconsin Senators

Assembly against private school forced closure.

Wisconsin Catholic schools will challenge local COVID-19 closing order. More.

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration

Unions, political affiliation more predictive of virtual learning decision than COVID cases. The report.

Run for Office: Dane County Executive is on the Spring, 2021 ballot.

Racine Journal Times:

It’s one thing when an individual school district, such as Racine or Kenosha Unified, decide that they are going to go virtual. It’s another thing for the Racine health department to step in and rule that all schools, including private schools, in its jurisdiction must also shut their doors.

Yet that is exactly what Racine’s health director did when issuing an order saying that all schools within the department’s jurisdiction must switch to virtual learning from Nov. 27 through Jan. 15. That includes not just schools in private and public schools in Racine, but also Elmwood Park and Wind Point.

Now, local parents along with the assistance of the Wisconsin Institute for Law and Liberty are fighting the order, trying to stop it before it goes into effect.

And they are right to fight it. It’s an overreach by the City of Racine.

It’s exactly the type of order that the Wisconsin Supreme Court halted in September when Dane County and Public Health Madison tried to require virtual learning there for grades 3-12.

Madison private school raises $70,000 for lawsuit against public health order. – WKOW-TV. Commentary.

WEAC: $1.57 million for Four Wisconsin Senators

Assembly against private school forced closure.

Wisconsin Catholic schools will challenge local COVID-19 closing order. More.

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration

MD Kittle:

The lawsuit of an Oxford, Wis. teen threatened with arrest for posting on Instagram that she had COVID-19 remains mired in delays six months after her parents took the sheriff’s department to court.

Luke Berg, deputy counsel for the Wisconsin Institute for Law & Liberty (WILL), tells Empower Wisconsin that Amyiah Cohoon and her parents are still waiting for the U.S. District Court to rule.

“The case was recently re-assigned to the newly appointed Judge (Brett) Ludwig, so hopefully we’ll get a decision sooner since he has less of a backlog,” Berg said.

WILL is suing Marquette County Sheriff Joseph Konrath and Sergeant Cameron Klump, alleging they violated Amyiah Cohoon’s First Amendment rights. The Milwaukee-based public interest law firm is representing the girl and her parents, Rick and Angela Cohoon.

As Empower Wisconsin reported, on March 27 Klump threatened to cite or jail Amyiah or her parents if she did not remove the social network post indicating she was recovering from COVID-19, according to the lawsuit.

WILL:

WILL Policy Brief revisits how state law was thwarted by local actors for the last five years

The News: A new Wisconsin Institute for Law & Liberty (WILL) policy brief reveals how a state law passed in 2015 intended to make vacant Milwaukee schools available to charter and private schools has been thwarted by local actors. Empty Handed: How Milwaukee Thwarted a State Law Meant to Help Schools reveals that just one vacant Milwaukee school was sold to a Milwaukee charter school in the last five years despite the intent of a state law intended to facilitate sales.

The Quote: Director of Education Policy Libby Sobic said, “This is a story of hard lessons. Good intentions were thwarted by a lack of taxpayer accountability at the local level. And a state law intended to help meet the high demand for school facilities has resulted in just one sale to a charter school. The problems haven’t gone away and it’s time to develop new solutions.”

Diving Deeper: In 2015, state lawmakers were fed up with repeated stories from Milwaukee where thriving charter and private schools couldn’t purchase vacant Milwaukee school buildings. A Surplus Property Law, supported by Sen. Alberta Darling and then-Rep. Dale Kooyenga, was added to the state budget and a new process was established that required the City of Milwaukee to facilitate the sale of dozens of empty former public school buildings.

But by 2020, just one Milwaukee charter school had purchased a vacant school despite interest by local school leaders. What happened? Director of Education Policy Libby Sobic takes a deep dive into the sordid history of vacant schools in Milwaukee in Empty Handed: How Milwaukee Thwarted a State Law Meant to Help Schools. This important policy brief reveals:

Will Flanders:

Last week, a Jefferson County Circuit Judge  “); background-size: 1px 1px; background-position: 0px calc(1em + 1px); background-repeat: repeat no-repeat”>ruled that the Wisconsin Department of Public Instruction (DPI) violated the law when it came to releasing data on the state’s private school choice programs. Along with Jim Bender of School Choice Wisconsin and Matt Kittle of Empower Wisconsin, I served as a plaintiff in this case brought by the Wisconsin Institute for Law & Liberty (WILL). While issues with data may tend to make people’s eyes glaze over, this case actually represents an important opportunity to highlight the successes of Wisconsin’s school choice programs, and how DPI has routinely tried to hide them.

The Court ruled in WILL’s favor on two counts. First, the Court ruled that the Department cannot hold a private press briefing before releasing all school choice data to the public. State law requires a public release of the data, and instead DPI regularly has held a private briefing in the days leading up to the release. This provides DPI with an opportunity to shape the narrative that will be reported when the data becomes public. Those of us who are regular critics of the public school system are denied access to the calls, meaning that our opportunity to respond to what is released is limited. In today’s 24-hour news cycle, immediate response is critical if one wants their perspective to be a part of the narrative on the data. Mandating a full, public release will give those on all sides of education issues in the state a fair shot to let their voice be heard.

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration

Todd Richmond:

The Wisconsin Department of Public Instruction violated state law when it withheld voucher students’ standardized test scores for a day last fall, a judge ruled Friday.

School Choice Wisconsin and the Wisconsin Institute for Law and Liberty, a conservative law firm, sued the department in Jefferson County court in November. The lawsuit revolved around the 2018-19 standardized test scores that the department released that September.

The scores showed only 39% of all students were proficient or advanced in English and that 40% were proficient or advanced in math. Only 20.7% of voucher students were proficient or advanced in English and just 17.8% were proficient or advanced in math.

Students in voucher programs can use state dollars to subsidize tuition at private schools. Republicans have touted the programs as an alternative for students stuck in failing public schools. Democrats argue the programs are a drain on state revenues that could go to help public schools.

Wisconsin has generally lacked a rigorous approach to statewide assessments: see the oft criticized WKCE.

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration

Wisconsin institute for law and liberty:

The News: Jefferson County Circuit Court Judge Bennett Brantmeier issued a summary judgement ruling in a lawsuit brought by the Wisconsin Institute for Law & Liberty (WILL) that the Wisconsin Department of Public Instruction (DPI) violated state law when the state agency released partial data on Wisconsin’s school choice programs to a select media list ahead of a September 2019 public release. The Court’s decision includes a permanent injunction to prevent DPI from violating state law that says data on Wisconsin’s school choice programs must be released “all at the same time, uniformly, and completely.”

WILL sued DPI in Jefferson County in November 2019 on behalf of School Choice Wisconsin (SCW), Empower Wisconsin journalist Matt Kittle, and WILL Research Director Will Flanders.

The Court’s Decision: Judge Brantmeier ruled that DPI’s actions violated state law by providing press with early access and by releasing incomplete data on Wisconsin’s school choice programs. Judge Brantmeier declined to restrict the state Superintendent’s ability to comment on the data it releases but emphasized that DPI remains bound to release full data sets on equal terms to all Wisconsinites.

Why It Matters: Wisconsin’s state agencies must understand that following state law is not optional. This is another victory for a more accountable state government.

Wisconsin has generally lacked a rigorous approach to statewide assessments: see the oft criticized WKCE.

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration

Elizabeth Beyer:

In his briefs, Kaul states, “For over a century, Wisconsin has maintained a public health infrastructure that empowers local health officials to be a critical line of defense, barring public gatherings and swiftly taking any actions that are reasonable and necessary to suppress spreading diseases. That is precisely what Dane County did here, barring in-person school instruction in order to prevent outbreaks of COVID-19.”

The petitions challenging the emergency order were filed on behalf of eight Dane County families, five private schools, School Choice Wisconsin Action, and the Wisconsin Council of Religious and Independent Schools, by the conservative Wisconsin Institute for Law & Liberty (WILL).

In its petitions, WILL states the emergency order exceeds Heinrich’s statutory authority and violates petitioners’ religious liberties and right to direct their children’s education by barring in-person education.

“This order injected unnecessary chaos, confusion, and frustration into the lives of children, families, and school leaders preparing to navigate a difficult new school year,” WILL President and General Counsel Rick Esenberg said in a statement.

Unsurprising.

Related: Catholic schools will sue Dane County Madison Public Health to open as scheduled

Notes and links on Dane County Madison Public Health. (> 140 employees).

Molly Beck and Madeline Heim:

which pushed Dane County this week not to calculate its percentage of positive tests — a data point the public uses to determine how intense infection is in an area.   

While positive test results are being processed and their number reported quickly, negative test results are taking days in some cases to be analyzed before they are reported to the state. 

Channel3000:

The department said it was between eight and 10 days behind in updating that metric on the dashboard, and as a result it appeared to show a higher positive percentage of tests and a lower number of total tests per day.

The department said this delay is due to the fact data analysts must input each of the hundreds of tests per day manually, and in order to continue accurate and timely contact tracing efforts, they prioritized inputting positive tests.

“Positive tests are always immediately verified and processed, and delays in processing negative tests in our data system does not affect notification of test results,” the department said in a news release. “The only effect this backlog has had is on our percent positivity rate and daily test counts.”

Staff have not verified the approximately 17,000 tests, which includes steps such as matching test results to patients to avoid duplicating numbers and verifying the person who was tested resides in Dane County.

All 77 false-positive COVID-19 tests come back negative upon reruns.

Madison private school raises $70,000 for lawsuit against public health order. – WKOW-TV. Commentary.

WEAC: $1.57 million for Four Wisconsin Senators

Assembly against private school forced closure.

Wisconsin Catholic schools will challenge local COVID-19 closing order. More.

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration

Patrick Gibbons:

When Katrina Olguin applied for private school scholarships for her sons, she probably never imagined she would be disqualified for being over the income threshold – by less than $50.

Unfortunately for Olguin, of West Allis, Wisconsin, her state’s Department of Public Instruction rules prohibit parents from reapplying in the same year, even if they amend their application.

The Wisconsin Institute for Law and Liberty believes that rule is illegal and has filed suit on behalf of Olguin and her sons. 

According to the institute, Olquin reapplied for the Wisconsin Parental Choice Program after making legal contributions to her IRA so her family was again income eligible. The state denied the application, citing the rule prohibiting same-year reapplication.

Wisconsin’s scholarship program provides scholarships to low-income and working-class students. Household income must be at or below 220 percent of the federal poverty level, or about $66,000 for a family of five. 

“We were just $47 over and I did everything to adjust it legally,” Olguin wrote in a blog post that was published on Medium. “And then they were just like, no, sorry.”

WILL:

Broad speech restrictions, bias response teams, and free speech zones impair free expression and open debate

The News: A review of speech codes at Wisconsin colleges and universities by the Wisconsin Institute for Law & Liberty (WILL) found that more than half of institutions reviewed substantially restrict freedom of speech. Three quarters of Wisconsin’s technical colleges and one third of the four-year colleges in the University of Wisconsin system have policies that severely restrict free speech. WILL could not identify one college or university that had no policies that restrict or threaten free speech.

Speech Code Review: WILL rated Wisconsin institutions of higher education according to the Foundation for Individual Rights in Education (FIRE) traffic light system: red means that the school “has at least one policy that both clearly and substantially restricts freedom of speech,” yellow means that the school “is one whose policies restrict a more limited amount of protected expression or, by virtue of their vague wording, could too easily be used to restrict protected expression,” and green means that the school’s “policies do not seriously imperil speech.” Critical findings include:

Wisconsin institute of law & liberty:

Further Empower Parents and School Leaders

1.    Ensure accountability on schools – As stories appear that school districts are dropping the ball and failing to educate students, state policymakers must make it abundantly clear that school districts must use tax dollars to educate students.

2.    Oversight of federal stimulus dollars – The federal CARES Act will soon allocate over $200 million for Wisconsin K-12 education to Governor Evers and local school districts. This influx in funding needs to be allocated in a collaborative and transparent manner that helps families, teachers, and school leaders continue to provide education in this difficult environment.

3.    Increase virtual course access – SB 789 (Darling / Thiesfeldt) would better prepare families for the fallout of COVID by allowing any student to take up to 2 courses at any other school, including virtual courses. The bipartisan bill, already approved in the Assembly, awaits a vote in the Senate.

The free market coalition of Wisconsin stands ready to assist you in these unprecedented, challenging times. Thank you for considering our recommendations.

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

In addition, Madison recently expanded its least diverse schools.

Wisconsin Institute of Law & Liberty:

WILL’s performance data represents the most comprehensive look at Wisconsin’s test scores. WILL takes DPI’s report card data and adjusts the scores to place all schools on a level playing field. Schools with a negative performance score have lower performance than would be expected based on the composition of their students. Schools with a positive performance score are doing more than would be expected.

James Wigderson:

A new bill to make school spending more transparent will get its first public hearing at the legislature on Thursday.

The bill, Assembly Bill 810, would create a computerized database of public school expenditures maintained by the Department of Public Instruction (DPI). The agency would then post the information on the internet for the public.

“DPI must present the data on its Internet site in a format that allows the public to download, sort, search, and access the data at no cost,” according to the Legislative Reference Bureau memo. “Finally, the bill requires DPI to annually conduct a public information campaign on the availability of financial data on its Internet site.”

The law, if passed by the legislature this session, would go into effect for the 2021-22 school year.

Libby Sobic, the Director of Education Policy for the Wisconsin Institute for Law & Liberty, explained in an interview by John Muir of WTAQ on Tuesday the importance of increasing school expenditure transparency.

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

In addition, Madison recently expanded its least diverse schools.

WILL:

Waukesha Circuit Court Judge Bohren issued a summary judgement order Tuesday in favor of School Choice Wisconsin Action (SCWA), a WILL client, that sued the Wisconsin Department of Public Instruction (DPI), the state education agency, for their unfair, illegal treatment of private schools in Wisconsin’s choice programs. WILL filed the lawsuit on behalf of SCWA in March after DPI denied private choice schools the opportunity to fully utilize online, virtual learning as part of classroom instruction.

Judge Bohren wrote in his decision, “There is not a legitimate government interest in denying Choice Schools the opportunity to use “virtual learning” as Public schools do. The denial is harmful to the Choice Schools and its students.”

The Quotes: Libby Sobic, Director of Education Policy at the Wisconsin Institute for Law & Liberty said, “Today, the Waukesha Circuit Court ruled that the Wisconsin Department of Public Instruction broke the law when it denied private schools in the choice program the opportunity to fully utilize online learning as part of classroom instruction. For too long, DPI has been unfair in their treatment of private schools in Wisconsin’s choice programs and today’s decision affirms that when they break the law, they will be held accountable.”

Terry Brown, Chair of School Choice Wisconsin Action said, “State statutes are created and changed by elected officials accountable directly to the public. State agencies run by unelected bureaucrats are not allowed to modify or interpret those laws without legislative oversight.”

Nygren and Thiesfeldt Call for Audit of the Wisconsin Department of Public Instruction

Long overdue. An “emphasis on adult employment.”

The Wisconsin DPI, long lead by our new Governor, Tony Evers, has granted thousands of mulligans to elementary reading teachers unable to pass a content knowledge examination. This exam, the Foundations of Reading is identical to the highly successful Massachusetts’ MTEL teacher requirement.

Despite spending far more than most taxpayer supported K-12 school districts, Madison has long tolerated disastrous reading results.

Logan Wroge:

Last school year, the district began using a 35-page guidance document on student gender identity, which is based on federal and state laws and School Board policies regarding anti-bullying and non-discrimination, Hohs said.

While the document was not voted on by the Madison School Board, members received updates on it when it was in development, she said.

The document covers topics like when a student’s name can be changed in the district’s student information system, the policy for restroom and changing area use, and how to communicate with the family of transgender and non-binary students about their identity.

The document states: “School staff shall not disclose any information that may reveal a student’s gender identity to others, including parents or guardians and other school staff, unless legally required to do so or unless the student has authorized such disclosure.”

David Blaska:

The things Madison public schools won’t tell you.

They’re teaching your children that they may not be boy or girl. Five and six years old. Gender confusion, et cetera. But don’t tell mom or dad. Because the policy enacted one year ago was secret. Until now.

The Wisconsin Institute for Law and Liberty uncovered this policy, never before revealed to Madison voters or parents:

Related: The notion that parents inherently know what school is best for their kids is an example of conservative magical thinking.”

Madison has long spent far more than most taxpayer supported K-12 school districts, between $18k and 20k per student, depending on the district documents reviewed.

“An emphasis on adult employment”.

Yet, we have long tolerated disastrous reading results.

Bethany Blankley:

Their plight “is symbolic of rural education in Wisconsin (and the Midwest) which lags far behind the suburbs and, in Wisconsin, performs worse academically than urban schools,” CJ Szafir, executive vice president at Wisconsin Institute for Law and Liberty (WILL), told The Center Square.

WILL filed a motion to intervene in the lawsuit on behalf of Shepherd’s Watch, the local Christian community group run by Wade Reimer. Reimer attempted to purchase the vacant Mattoon Elementary school building to use it as a community center and eventually a Christian school.

A Shawano County judge will hear WILL’s argument Friday and either decide then, or by the end of August.

“Children in Mattoon deserve a high quality, local school and right now there is nothing,” Szafir said. “Yet the Antigo School District would rather have an empty school building sit empty than sell it to a Christian community group with the hopes of turning it into a private school. We’re asking the judge to allow our client to intervene into the case so their story could be heard.”

To date, the district has closed seven rural schools. All students attending public school must travel to the city of Antigo, some commuting 90 minutes round trip.

It, like other districts, argues the schools are “too expensive to run,” but it won’t sell a vacant building, but it won’t sell it to anyone who wants to open a private school, according to the lawsuit.

“The Antigo School District says they own the building and refuses to sell it unless there is a promise made to not use it for a school,” Anthony LoCoco, deputy counsel on the case, told WSAU radio. “They don’t want the competition of a private school because some children from Mattoon would go to a local elementary school and they would lose funds.”

Unified School District of Antigo Superintendent Dr. Julie Sprague told The Center Square she was unable to comment due to the pending litigation.

Last fall, Antigo School District business manager Tim Prunty told the Antigo Daily Journal that opening a private school would make public schools like Antigo receive less federal aid, WJFW News 12 reported.

WILL:

The Wisconsin institute for Law & Liberty (WILL) issued a letter to the Appleton Area School District on June 18 explaining why a school board member was well within his rights to discuss his Christian faith at a graduation ceremony in early June. In addition, WILL warned the school board against taking any action that would serve to violate the First Amendment rights of speakers based on their viewpoint.

The Background: Rev. Alvin Dupree, a member of the Appleton Area School District school board, invoked his Christian faith in remarks at a June 6 graduation ceremony at Appleton North High School. In response, a group of students and the Madison-based Freedom From Religion Foundation (FFRF) expressed outrage and asked the Appleton school board to prevent Dupree from speaking at future district-sponsored events. Additionally, FFRF encouraged the school board to adopt a policy for graduation remarks that require review and approval.

CJ Szafir and Libby Sobic:

The latest attack is from Gov. Tony Evers’ appointed successor at the Wisconsin Department of Public Instruction, Carolyn Stanford Taylor, who is refusing to allow private schools in the choice programs to count online (“virtual”) learning toward annual class-time requirements. She is doing so even though DPI has permitted public schools to use virtual learning for a variety of reasons, including to make up for class cancellations caused by Wisconsin’s winter weather.

This is unfair and wrong. We also believe it is illegal. Last month, attorneys at our organization, the Wisconsin Institute for Law and Liberty (WILL), sued Taylor and DPI in Waukesha Circuit Court on behalf of School Choice Wisconsin Action, a membership organization of private choice schools.

This winter has been brutal for Wisconsin’s schools. With unprecedented snowfall, temperatures frequently below zero and mass flooding, Wisconsin K-12 schools have been forced to cancel classes at an extraordinary rate. Because of a state law that requires students to attend more than 1,000 hours in the classroom, many schools are having to make up class time by extending minutes in their school day or by adding days to the school year.

Jessie Opoien:

WILL’s most likely battle with Evers, Esenberg said, is over administrative rules — a “fight that only a wonk could love.” As Evers seeks to implement policies with a Republican Legislature opposed to most of his goals, he could direct state agencies to implement administrative rules — most of which WILL would be likely to oppose.

“To the extent that there are more regulations enacted by a new administration, they would have more targets to shoot at, although they were not lacking for targets in the ‘old world,’” Tseytlin said.

As Evers seeks to freeze enrollment in the state’s taxpayer-funded voucher schools and halt the creation of new charter schools, WILL will push back.

Sobic contends those programs offer alternatives to improve student achievement, while Evers has said the freezes are needed so officials can reexamine the state’s education system and the way each portion of it is funded. Evers has argued the state currently has two parallel systems.

Related: Repeated Wisconsin DPI elementary reading teacher mulligans – this despite our long term, disastrous reading results.

Molly Beck:

He said in the Milwaukee program especially, enrollment freezes in private voucher schools would disproportionately affect children of color living in low-income households.

“Most of our families don’t have the kind of income where they would have realistic choices,” he said at the time.

Under Evers’ proposal, voucher schools also would be banned from charging tuition for students living in poverty under the proposal and would be required to allow students to opt out of religious activities.

All teachers working in schools receiving taxpayer-funded vouchers would be required to be licensed like public school teachers, and all voucher schools would be required to be accredited before receiving taxpayer funds, under Evers’ proposal.

In another provision, increases in the amount of money private voucher schools receive per student would be tied to increases in the amount of money school districts could raise in revenue and receive through the state’s funding formula.

Suspend charter school expansion

Evers in his spending plan also would suspend programs created by Republicans in recent years to expand independent charter schools in school districts that have persistent gaps in academic achievement between groups of students.

The University of Wisconsin System Office of Educational Opportunity, which was created in 2015 and may authorize independent charter schools over the objection of school district officials, would be barred from authorizing new schools until 2023.

The budget proposal also seeks to prevent a flurry of new independent charter schools from opening.

Under state law, charter schools may be authorized by technical colleges, the City of Milwaukee, all UW System chancellors, the state’s tribal leaders, and the Waukesha County Executive. Evers’ budget proposal suspends the organizations’ authority to authorize new charter schools until 2023.

A spokesman for UW System did not respond to a request for comment on the proposals to suspend the system’s ability to create new charter schools.

Another program known as the Opportunity Schools and Partnership Program would be eliminated. The program was created in 2015 and required public school districts receiving persistent failing grades from the state to be taken over by county officials.

The program, which was created to address low-performing schools in Milwaukee, requires the county executive to appoint a special commissioner to take over a select number of schools in a district receiving failing grades and turn them over to an outside operator.

Scott Bauer:

Evers is also calling for requiring all teachers working in private schools that accept taxpayer-funded voucher students to be licensed like public school teachers. He also wants to give taxpayers more information on property tax bills about how much of their money is going to fund voucher schools. He’s also calling for a cap on enrollment in the voucher program for students with disabilities.

Jesse Opoien:

Evers is set to deliver his first budget address Thursday evening, but has shared some details from the spending plan with reporters in the weeks leading up to it. His plans for voucher and charter schools were first reported by the Milwaukee Journal Sentinel on Monday, then shared with other reporters later that day.

Aides to the governor framed the proposal as a way to reduce property taxes and to discuss funding sources for the voucher program without affecting currently-enrolled students.

Opponents of the plan accused Evers of favoring teachers’ unions over students.

“Evers’ budget would end school choice as Wisconsin knows it,” said C.J Szafir, executive vice president of the conservative Wisconsin Institute for Law & Liberty, in a statement.

Related: The DPI, lead by Mr. Evers, granted thousands of elementary teacher reading content knowledge requirement exemptions.

Yet: “The data clearly indicate that being able to read is not a requirement for graduation at (Madison) East, especially if you are black or Hispanic”.

Eugene Volokh:

Richard Esenberg, Tom Kamenick and Clyde Taylor at the Wisconsin Institute for Law & Liberty have just filed a lawsuit challenging the policy; you can read the Complaint, which lays out the facts and some of the Institute’s legal arguments.

The ban on “offensive” speech is clearly unconstitutionally vague and likely viewpoint-based; and, even setting that aside, the rule limiting leafletting to a narrow zone would be unconstitutional even if it were content-neutral. A university does have power to limit speech that is loud enough to cause a disruption, or to limit large demonstrations that can block pedestrian traffic; that is particularly so within university buildings. But the policy here is much broader than that.

Anna Welch and Mckenna Kohlenberg:

In the five years since the group’s inception, MOST has not given the public notice of its meetings times, dates, locations, and agendas, allowing little to no oversight.

According to an internal document from a 2014 meeting, MOST formalized an “Action Team” that began meeting twice a month starting July 2013. But, the group did not make meeting notices publicly available. The same handout said the City’s Education Committee adopted MOST as one of its “key initiatives” in November 2013.

According to MOST meeting notes sent only to MOST participants by the former coordinator, Jennifer Lord, on Nov. 3, 2013, concerns about the committee’s need to comply with open records laws were discussed. In response, city employees cited a desire to want to remain an “independent coalition.”

But, a desire to remain an “independent coalition” is not sufficient to grant MOST immunity from open meetings laws. Nor does this desire grant MOST immunity from open records laws.

Tom Kamenick is a deputy counsel and litigation manager at the Wisconsin Institute for Law & Liberty (WILL), a non-profit organization that advocates for open government and civil liberties. WILL successfully litigated the 2017 Supreme Court case.

Kamenick said in an email to Simpson Street Free Press that after briefly reviewing MOST, he was unable to definitively determine if the group qualifies as a public body. But, he also said the Attorney General has stipulated open records and meetings laws should be “applied expansively.”

According to Kamenick, there is a five-factor test for determining if groups must comply with open records and open meetings laws; whether the group is funded government money, whether the group serves a government function, whether the group appears to be a government entity, whether the group is subject to some level of government control, and whether a governmental body can access to group’s records.

MOST is a publically funded city initiative staffed by government officials on the city payroll.

Taxpayer funded MOST’s website.

The Wall Street Journal:

Teachers’ unions and their liberal allies are desperately trying to preserve the failing public school status quo. Witness how the Milwaukee Public School (MPS) system is defying a state mandate to sell vacant property to charter and private schools.

Milwaukee’s public schools are a mess. Merely 62% of students graduate from high school in four years, and proficiency rates are 15% in math and just over 20% in English. Families are escaping to charter and private schools, which has resulted in 11,000 vacant seats and a budget shortfall that’s expected to swell $130 million within five years.

Milwaukee’s recalcitrance is denying thousands of students a better education—St. Marcus Lutheran alone has 264 students on its wait list—while draining tax dollars. Annual utility bills for vacant buildings cost $1 million, and the Wisconsin Institute for Law and Liberty calculates that the district could recover $5 million from selling its unoccupied real estate.

The legislature ought to punish Milwaukee for flouting the law by, say, snipping its share of state funding. But State Superintendent Tony Evers, the Democratic front-runner to challenge Gov. Scott Walker in November, would likely do the opposite. He wants to freeze and then phase out vouchers, which help nearly 28,000 low-income students across Milwaukee attend private schools.

If Democrats defeat Gov. Walker and take the statehouse in November, there will be nothing to stop Milwaukee or any other district from barricading students into lousy public schools.

Madison has long tolerated disastrous reading results, despite spending far more than most.

Wisconsin Institute for Law & Liberty:

On this page, you can search WILL’s Performance Rankings for most Wisconsin schools. The Performance Ranking puts all schools on a level playing field to arrive at an estimate of the effect of that school on student outcomes. You can search for schools by grade level, sector, city, or the specific name of a school. Schools will be ordered based on their WILL Performance Ranking among the criteria you select. You do not have to select an option in every category to conduct the search..

Much more, here.

Wisconsin posts lowest ever NAEP reading score.

Madison’s long term, disastrous reading results.

Apples to Apples

Stretch Targets.

WTAQ interviews Will Flanders.

Patrick Marley:

A group of teachers and parents sued, arguing the law didn’t apply to Evers because of the powers granted to him by the state constitution. A Dane County judge agreed with them in 2012 and the state Supreme Court upheld that ruling in 2016.

In 2017, Walker signed a new, similar law. Evers did not follow that law in the way that he wrote new rules, saying he didn’t need to because of the past court rulings.

Soon afterward, a group of teachers and local school board members represented by the conservative Wisconsin Institute for Law & Liberty asked the Supreme Court to take up anew whether Evers had to follow the law on writing state rules.

Under Friday’s ruling, the high court agreed to decide that case.

The 2016 decision was unusual in that two liberals — Shirley Abrahamson and Ann Walsh Bradley — joined with conservatives Michael Gableman and David Prosser to rule on the side of Evers’ allies.

Wisconsin ranked 34th nationally reading, our lowest ranking to date

Wisconsin has just one (!) teacher content knowledge requirement: Foundations of Reading. The Tony Evers lead DPI has been attempting. to weaken this lone requirement.

Compare Massachusett’s MTEL.

Stretch Targets.

Many links on UW-Madison Professor Mark Seidenberg’s new book:

“Too often, according to Mark Seidenberg’s important, alarming new book, “Language at the Speed of Sight,” Johnny can’t read because schools of education didn’t give Johnny’s teachers the proper tools to show him how”

Dylan Brogan:

Madison assistant city attorney Roger Allen has apologized for the police department taking more than a year to fulfill an open records request from Isthmus, saying the request accidentally “fell through the cracks.” He says the city is working to make sure that delays like this won’t happen again.

“This [delay] was an outlier and, quite frankly, was embarrassing both to the records section in MPD and to my office,” Allen tells Isthmus.

The request for police records was made in December 2016 but not filled until after Isthmus and the Wisconsin Institute for Law and Liberty filed a lawsuit on Feb. 1, 2018. The city then turned over the records, which resulted in the March 8 article “Shielded.” The piece examined how the police department handled an internal investigation of Officer Stephen Heimsness.

Tom Kamenick, deputy counsel and open government specialist for the Wisconsin Institute for Law and Liberty, or WILL, calls the settlement a victory for public access to government records.

Todd Richmond:

The Wisconsin Institute for Law and Liberty (WILL) filed a lawsuit directly with the Supreme Court. The lawsuit argues the Department of Public Instruction has been writing administrative rules without permission from the Department of Administration and the governor as required by the REINS Act.

Republicans passed the act this summer. It requires state agencies to submit rule proposals to DOA and the governor before drafting anything. Rules are the legal language that enacts statutes and agency policy. Requiring permission from DOA and the governor before agencies can start writing them essentially gives the governor oversight of every major move the agency makes.

Much more on Tony Evers, here.

Wisconsin Supreme Court:

¶27 Applying these principles, we conclude that CAMRC was a committee created by rule under Wis. Stat. § 19.82(1). First, it qualifies as a “committee” for purposes of the open meetings law because it had a defined membership of 17 individuals upon whom was conferred the authority, as a body, to review and select recommended educational materials for the Board’s approval. This authority to prepare formal curriculum recommendations for Board approval was not exercised by teachers and curriculum specialists on their own. The Board——acting through Rule 361 and the Handbook——provided that the members of review committees would exercise such authority collectively, as a body. Second, CAMRC was created by rule because District employees, when they formed CAMRC, relied on the authority to form review committees that was delegated to them by Rule 361 and the Handbook.
1. CAMRC Was a “Committee”
¶28 The parties appear to agree that CAMRC took the form
of a “committee” for purposes of the open meetings law, and they focus their dispute instead on the second part of the definition. But we are not bound by the parties’ concessions. See State v. Hunt, 2014 WI 102, ¶42 n.11, 360 Wis. 2d 576, 851 N.W.2d 434. We therefore briefly explain why we agree that CAMRC was a “committee” under Wis. Stat. § 19.82(1).
¶29 First, CAMRC was formed as a collective entity with a defined membership of 17 particular individuals. Although these individuals volunteered, and Bunnow suggested that more would have been welcome to join, the 17 nevertheless constituted a defined membership selected pursuant to the procedures set forth in the Handbook. Bunnow testified that all 17 members were present and voting at all CAMRC meetings, except for a final meeting which Bunnow characterized as merely a “subcommittee” meeting.

Patrick Marley:

John Krueger and the parent group Valley School Watch asked the Appleton Area School District to offer an alternative freshman communications course because they didn’t want children reading references to suicide and sex in the book “The Body of Christopher Creed.”

District Superintendent Lee Allinger asked the district’s chief academic officer and humanities director to respond to Krueger’s concerns but didn’t tell them how to specifically handle it.

They declined to form a new course because students already could opt out of reading specific books. Instead, they formed a 17-member committee and Krueger argued its meetings must be conducted in public because it was essentially created by order of a high-ranking official.

The committee did not meet in public and Krueger sued in 2011 with the assistance of the Wisconsin Institute for Law & Liberty. A Waupaca County judge ruled in the school district’s favor in 2014, as did the District 3 Court of Appeals in 2016.

Annysa Johnson:

At least 40 Milwaukee Public Schools buildings are vacant or underused, according to a new report by a conservative law firm that wants to see them sold off to private and public charter schools that will compete with the state’s largest public school system.

The study by the Wisconsin Institute for Law & Liberty, which represents school choice advocates, says only five buildings are currently for sale, despite interest from potential buyers.

It accuses the City of Milwaukee, which owns the buildings, of violating a 2015 state law aimed at forcing the sale of surplus MPS school buildings. And it calls on the Legislature to add enforcement measures, including the awarding of attorney’s fees “if the aggrieved party prevails,” a measure that could bankroll choice schools’ lawsuits against the city and directly benefit WILL.

Tony Evers (PDF):

1. Why are you running for State Superintendent of Public Instruction?

I’ve been an educator all my adult life. I grew up in small town Plymouth, WI. Worked at a canning factory in high school, put myself through college, and married my kindergarten sweetheart, Kathy-also a teacher.

I taught and became a principal in Tomah, was an administrator in Oakfield and Verona, led CESA 6, and have twice been elected State Superintendent. I’ve been an educator all across Wisconsin, and no matter where I worked, I put kids first. Always.

But I have to tell you, I worry for the future. Years of relentless attacks on educators and public schools have left a generation of young people disinterested in teaching. The words and actions of leaders matter.

We have to restore respect to the teaching profession.

For teachers in the field, endless requirements and policies from Washington, Madison, and district offices are drowning our best educators in paperwork and well-intended “policy solutions” you never asked for.

I know we need to lighten the load.

As your State Superintendent, I have always tried to find common ground, while holding firm to the values we share.

I worked with Gov. Doyle to increase funding for schools and with Gov. Walker around reading and school report cards. But when Walker wanted to use school report cards to expand vouchers and take over low performing schools, we pushed back together-and we won.
When Walker proposed Act 10, I fought back. From the halls of the Capitol to rallies outside, my union thug wife and I stood with the people of Wisconsin.

I champion mental health in schools, fight for school funding reform, and work to restore
respect to the teaching profession.

But I am not a fool. The world has changed.

In my previous elections, we faced weak opponents we outspent. I won 62% of the vote and all but the three counties voted Evers last time.

But last November, Diane Hendricks and Besty DeVos dropped $5 million into the “Reform America PAC” at the last minute and took out Russ Feingold. Devos is likely to be Education Secretary and Henricks has the ear of the President.

And these people are coming for us.

They’ve recruited a field of conservative candidates vying for their support.

The folks at the conservative Wisconsin Institution for Law & Liberty are doing everything they can to undermine the independent authority of the elected state superintendent. These folks have powerful friends and allies through the state and federal government.

But we ore going to win.

We hired great a campaign team in Wisconsin. We’re raising more money than ever, and we
will need to raise more. We’re mobilizing voters and activating social media.

While Wisconsin went for Mr. Trump, those voters overwhelmingly passed 80% of the referenda questions. They love their public schools. That is what we need to connect with to win.

But I need your help. You’ve stood with me before, and I need your help again. I need you to do more than you’ve ever done before. This is the last office they don’t hold, and it is the first electoral battle in the new world. We cannot afford to lose.

2. Do you believe that public schools are sufficiently funded? If no, describe your plan to provide sufficient funds?

No.

My current state budget request restates our Fair Funding proposal. Under my proposal, all students will receive a minimum amount of aid. To provide an extra lift for some students, the general aid formula will weight students living in poverty.

Additionally, the per-pupil categorical aid will be weighted to account for foster kids, English learners and students that come from impoverished families.

Furthermore, changes to the summer school aid formula will incentivize all schools, but
especially those districts that have students who need extra time to achieve at higher levels to engage in fun, summer learning activities.

The people of Wisconsin are on record that they want to keep their schools strong. An
astounding 88% of the districts (600,000 voters) approved revenue limit exemptions just this last November. Ultimately, I come down on the side of local control and support the eventual elimination of revenue limits. In my budget proposal, I requested a reasonable increase in revenue limits. In the future, these increases should be tied to the cost of living.

3. Madison schools have experienced increasing attrition over the past five years and increasing difficulty in attracting highly qualified candidates in a growing number of certification areas. What factors do you have as the causes of this shortage? What measures will you take to promote the attraction and retention of highly qualified teachers and other school employees?

There are several main factors impacting these issues. The first is the negative rhetoric that occurs all too often around the teaching profession. The second is that Wisconsin educators’ pay has taken a significant hit in recent years -an actual decrease of over 2 percent over the past few years (and changes to benefits and retirement have further eroded take home pay). Our current high school students pick up on this, and increasingly they are not look at teaching as a viable career path, and in Wisconsin, our teacher preparation programs are reporting record lows.

We need to continue to highlight the excellent work our teachers do each and every day and bring back teacher voice in to what goes on in the classroom. I am currently working with a small group of Wisconsin educators, including several from Madison, on a project we are calling “Every Teacher a Leader,” an effort to highlight and promote instances of excellent teacher voice and leadership. Let’s highlight the leadership and critical decision-making our educators use every day in their roles. The cultures of our schools must be strong and support teachers as they work with our students. I continue to advocate for additional resources in our schools to address the most pressing needs of our students and to provide resources for teacher to do their jobs.

4. What strategies will you enact to support and value Wisconsin’s large, urban school districts?

I have championed several initiatives to support large, urban school districts, including
expanding access to:

Small class sizes and classroom support staff to help teachers effectively manage behavioral issues;

Restorative justice and harm reduction strategies that reduce the disproportionate impact of discipline on student of color;

Fun summer learning opportunities for students to accelerate learning or recover credits (increased funding, streamlined report requirements);

Community schools, wrap around services and out-of-school time programs that because schools are the center of our communities;

Culturally-responsive curriculum and profession development that helps educators meet the needs of diverse students;

Mental health services and staff integrated with schools to meet students’ needs.

I also support school finance policies that recognize that many students in poverty, English learners, foster youth, and students with special needs require additional resources to succeed.

Finally, I strongly support a universal accountability system for schools enrolling
publicly-funded students. All schools should have to meet the same high bar.

5. What strategies will you enact to support and value Wisconsin’s rural school districts?

In addition to the proposing the Fair Funding changes, my budget:

Fully-funds the sparsity categorical aid and expands it to more rural schools;

Expands the high cost transportation programs; and

Provides funds for rural educator recruitment and retention.

6. How do you feel about the present Educator Effectiveness (teacher) evaluation system? What changes would you like to see to that system?

I support the Educator Effectiveness (EE) system. It was created with input from teachers, administrators as well as school board members and legislators. I believe we have administered the EE program with great care, listening to stakeholders from across that state.

That said, I believe changes need to be made. Recently, I have recommended that results from the state achievement test (Forward Exam) not be a required element in the evaluation process.

We must also continually message that the EE system was created to support professionals through a learning centered continuous improvement process. Evaluation systems implemented in isolation as an accountability or compliance exercise, will not improve educator practice or student outcomes.

7. What is your plan to work with Milwaukee Public Schools to assure that all students receive a quality public education?

While achievement gaps persist across the state, our city of the first class presents unique challenges and requires a multi-pronged approach. Milwaukee is ground zero for our state’s efforts to accomplish major reductions in achievement gaps.

I have worked closely with Dr. Darienne Driver, MTEA and Milwaukee community leaders to support improvement efforts. We are working hand-in-hand to provide more learning time when needed, expand access to summer school, establish community schools, and create a best-in-state educator workforce.

We must continue to have honest conversations about our challenges and provide the resources and support for improvement. Divisive legislative solutions from Washington and Madison have not worked. We need more support for our students and schools, not less.

8. Do you believe the position of State Superintendent of Public Instruction should continue to be an elected position as currently provided in the State Constitution?

Absolutely yes.

The creators of our constitution got it right. Public education was so important they made the State Superintendent independently elected and answerable directly to the people. However, Governors and special interests always try to usurp this authority. The Supreme Court has consistently held up the independent power of the State Superintendent-mostly recently in the Coyne case advanced by MTI. Undeterred by their loss, the Wisconsin Institute for Law and Liberty is currently working to circumvent the authority of the State Superintendent over the federal ESSA law. Rest assured we are fighting back and must again prevail.

9. Describe your position on the voucher program?

Powerful special interests and the majorities in Washington and Madison have spent years cutting revenue, growing bonding, and expanding entitlement programs like school vouchers. The result: historic cuts to education followed a slow trickle of financial support for public school amidst the statewide expansion of vouchers.

My friend former Sen. Dale Schultz often said, “We can’t afford the school system we have,
how can we afford two-a public and private one?”

It is a good question. A recent Fiscal Bureau reports indicate that over 200 districts (almost half) would have received more state aid without the changes in voucher funding that shifted cost to loca I districts.

When we move past the ideological battles, we’re left with tough choices about priorities and responsibilities. Bottom line: we have a constitutional obligation to provide an education for every kid in this state, from Winter to West Salem.

Our friends and neighbors are stepping up to pass referenda at historic rates to keep the lights on in rural schools. It is an admirable, but unsustainable effort that leaves too many kids behind. Expanding vouchers while underfunding rural schools exacerbates the problem.

That said, we all know the current majorities and proposed U.S Education Secretary support voucher expansion, so here are some key principles for moving forward:

1. The state should adequately fund our public school system before expanding vouchers;

2. The state, rather than local school districts, should pay the full cost of the voucher program;

3. Accountability should apply equally to all publicly-funded schools, including voucher schools;

Finally, we should talk more about the great things Wisconsin schools are doing and less about vouchers. They suck the air out of the room and allowing them to dominate the
conversation is unhelpful.

Around 96 percent of publicly-funded students go to a school governed by a local school board. Regardless of whether legislators support or oppose vouchers, they need to support our public schools. That’s where our focus needs to be and what I will champion.

10. Describe your position on independent charter schools.

In general, charter schools work best when authorized by a locally-elected school board that understands their community’s needs, and is accountable to them.

As both State Superintendent and a member of the Board of Regents, I am concerned the new UW System chartering authority could become controversial and disruptive. New schools are best created locally, not from a distant tower overlooking the city.

11. Wisconsin teacher licensing has the reputation as being one of the most rigorous and respected systems in the country. Recently, proposals were made that would allow any individual with a bachelor’s degree or work experience in trades to obtain a teaching license. Do you support these proposals? Why or why not?

I do not support any proposal that would ignore pedagogical skills as a key component of any preparation program. Content knowledge is not enough. A prospective teacher must know “how” to teach as well as “what’ to teach.

12. Teachers report a significant increase in mandated meetings and “professional development” sessions that are often unrelated or not embedded to the reality of their daily work with children. What will you do as State Superintendent to provide teachers with the time needed to prepare lessons, collaborate with colleagues, evaluate student work, and reflect on their practices?

When I travel the state and talk to educators, I hear this sentiment a lot, but it’s quickly followed by an important caveat: When educators believe that the meeting, the professional development opportunity, the extra responsibility, or the new idea will truly make a difference for kids they serve, they become the first and best champion of it–always.

We absolutely must find ways to lighten the load for our teachers so that the work we do out of the classroom is meaningful, manageable and powerful for kids. My Every Teacher a Leader Initiative focuses on highlighting cultures that support teacher leadership, and this often means that a principal or a superintendent has created systems that value and honor the expertise teachers bring to an initiative. They involve teachers early in decisions rather than convening them after a decision is made to implement it.

I just heard from an educator in a school district that is receiving national attention for its dramatic academic improvement over the past five years. When asked what the recipe for success was, she said the superintendent convened a team of veteran educators on his first day, listened to what they needed, worked long and hard to meet those needs, andkept them involved the whole way. That’s it.

13. Do you support restoring the rights of public sector workers to collectively bargain over wages, hours and conditions of employment?

Yes.

I have been a champion for collective bargain and workers’ rights my entire career. I signed the recall petition over Act 10 – and I haven’t changed my mind about it.

14. Are you interested in receiving MTI Voters endorsement? If so, why?

MTI has been a great partner of mine over the years. I would be honored to continue that collaboration going forward. Additionally, I have five grand-kids Madison Public Schools, and I want to them to continue to be proud of the strong relationship I have with Madison educators.

15. Are you interested in receiving financial support for your campaign from MTl-Voters?

Yes, my opponents will be seeking funding from organizations that have very deep pockets and MTI full financial support is more important than ever.

16. Is there anything else you’d like MTI members to know about your candidacy and why you are seeking election to the State Superintendent of Public Instruction?

I hope our work together, mutual commitment, and shared values continue for another four years.

Much more on Tony Evers, here.

The 2017 candidates for Wisconsin Department of Public Instruction Superintendent are Tony Evers [tonyforwisconsin@gmail.com;], Lowell Holtz and John Humphries [johnhumphriesncsp@gmail.com].

League of Women Voters questions.