The Institute for Reforming Government (IRG) has filed a lawsuit against the Wisconsin Department of Public Instruction (DPI) and its Standard Setting Committee, alleging violations of the state’s Open Meetings Law during a closed-door conference at a Wisconsin Dells resort in 2024.
The suit, filed in Adams County (where the Chula Vista Resort is located), seeks to invalidate actions taken at the four-day event, where 88 educators participated in setting new cut scores for the Wisconsin Forward Exam. This move effectively lowered academic proficiency standards for math and English language arts in grades 3-8. The retreat cost taxpayers $368,885 and was not open to the public.
According to court documents, DPI and its vendor, Data Recognition Corporation, convened the Standard Setting Committee and six subcommittees without public notice. Participants signed broad nondisclosure agreements covering not only test materials but also workshop recommendations, feedback, and related information. Attendees were barred from using personal electronic devices, and materials were confiscated daily. No public access or prior notice was provided, constituting multiple violations of Wisconsin’s Open Meetings Law, which requires governmental bodies to hold meetings in full view of the public and advance notice.
IRG, represented by the Wisconsin Transparency Project, argues that the committees qualify as governmental bodies subject to open meetings requirements. DPI later adopted the committee’s recommendations with minor adjustments, which Superintendent Jill Underly approved in June 2024. The changes renamed and lowered cut scores, making year-over-year comparisons difficult and potentially giving families a false sense of student proficiency compared to national standards.
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Much more on the taxpayer funded Wisconsin DPI, here.