Adding to the curious tale for data submitted to DPI 7.15.2025:
e-mail received 21 October, 2025:
Jim,
Public records laws do not require agencies to create records that do not currently already exist. The data you requested is not currently available in a record that is responsive to your request. Districts are required to submit the data to DPI by July 15. DPI is required to submit a report to the legislature by November 30th (presumably to allow DPI adequate time to organize the data and compile a report). Staff is currently working to compile the report that is due to the legislature, but the data is still being compiled and organized. Since the requested information will be available to you at some point in just over a month (at the latest), I did not consider my original response to be a formal denial of your request. But if you would like additional justification for our delay in providing you the record you requested here you are. DPI’s obligation is limited to producing records that already exist; “the public records law does not require an authority to provide requested information if no record exists, or to simply answer questions about a topic of interest to the requester.” The Journal Times v. City of Racine Bd. of Police and Fire Comm’rs, 2015 WI 56, ¶ 55. Further, “[t]he open records law does not require the custodian to collect or compile statistics or create a record for the benefit of a requester.” George v. Rec. Custodian, 169 Wis.2d 573, 579 (Ct. App. 1991). An authority is also not required to extract information from existing records and compile that information in a new format to respond to a request. Wis. Stat. § 19.35(1)(L).Pursuant to Wis. Stat. § 19.35(4)(b), DPI’s decision to deny your request as described above is subject to review by mandamus under Wis. Stat. § 19.37(1), or upon application to the attorney general or to your local district attorney.
Please either check our website or follow up with me directly on or around November 30.
Best,
Wisconsin Department of Public Instruction
Stephanie Arnott (she/her/hers)
Paralegal – Advanced | Office of Legal Services
Wisconsin Department of Public Instruction
201 W Washington Ave | Madison, WI | 53703
(608) 224-6176
My Letter to Attorney General Josh Kaul on a recent Wisconsin DPI open records request (Act 20 at risk data)
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Did taxpayer funded Wisconsin DPI Superintendent Underly Juice Test Scores for Reelection?
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Only 31% of 4th graders in Wisconsin read at grade level, which is worse than Mississippi.
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Madison taxpayers have long supported far above average (now > $25,000 per student) K-12 tax & spending practices. This, despite long term, disastrous reading results.
Madison Schools: More $, No Accountability
The taxpayer funded Madison School District long used Reading Recovery…
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?