Money allocated for Wisconsin reading law could go to state surplus if not used by June 30

If the $50 million allocated to fund mandated reading changes in Wisconsin schools is not released by the Legislature by June 30, the money will go into the state’s massive surplus. 

The money has been fought over since February 2024, with members of the Republican-led Joint Finance Committee saying the Department of Public Instruction can’t be trusted to spend it. 

Changes to how students are taught to read began this school year under a law passed in summer 2023 known as Act 20. 

Wisconsin school districts began shifting children to a phonics-based reading instruction for 4-year-old kindergarten through third grade this fall. 

But the change is complicated and expensive. 

New curriculum has to be purchased by already cash-strapped school districts. And literacy coaches need to be hired. 

State Superintendent Jill Underly says Republicans are “playing politics” by withholding funding that is critical for fully implementing Act 20. 

“I mean, we all agree that every child should have the ability to read, and that’s why this funding is so important,” Underly said. “Schools have done their part. It’s the legislature that is not doing its part. That money was already promised and approved, and yet the Joint Finance Committee is putting politics ahead of our kids’ future.” 

Money for Act 20 in separate appropriations bill 

Act 20 was a bipartisan bill, proposed by Republicans who worked with DPI on the details. 

When it was approved, the Legislature created a separate, nearly $50 million appropriations bill for implementation. 

Then disagreements began over how that money would be used, and who would decide how to use it.

Wisconsin allows its governors to use partial vetoes on appropriations bills. Evers’ use of that power in February 2024 prompted a lawsuit in April from Legislative Republicans asking the $50 million be withheld from DPI. 

Evers and DPI then filed a counterclaim saying without the money, implementing the new law in time for the 2024-25 school year will be impossible.

In July, the Wisconsin Supreme Court ruled 6-1 the GOP overstepped its constitutional authority by blocking Evers’ actions related to the Department of Natural Resources. But the court did not rule on the $50 million for DPI. 

Attorney General Josh Kaul has asked the high court to bypass the Appellate Court and rule on the matter. 

Joint Finance Committee co-chairs Sen.Howard Marklein, R-Spring Green, and Rep. Mark Born, R-Beaver Dam, said legislative Republicans have consistently supported efforts to increase literacy in Wisconsin. 

“This is why we allocated $50 million to create the Office of Literacy and passed Act 100 to lay the framework for DPI to implement this important initiative,” the two said in a statement. 

Evers’ partial veto in February 2024, known as Act 100,  struck language allocating  money for school boards and charter school compliance in the early literacy program.

“Unfortunately, Governor Evers vetoed that framework,” the Marklein and Born statement continued. “The responsibility for the unreleased funding lays squarely at his feet. If DPI and Governor Evers are serious about funding the literacy initiative, they should support and sign into law the pathway to implementing it.”

Evers’ spokesperson Britt Cudaback said nothing is preventing Republicans from releasing the $50 to invest in improving reading outcomes.

“Much like the over $100 million in taxpayer dollars aimed at fighting PFAS statewide, responding to hospital closures, and helping stabilize our child care industry that have languished for months in Madison, Republicans can choose to release nearly $50 million to help improve our kids’ reading at any time—they simply refuse to do so,” Cudaback said.

Bill in the works to save $50M for reading bill

State Rep. Joel Kitchens, R-Sturgeon Bay, who co-authored Act 20, said he hopes it doesn’t come down to the $50 million going back into the state surplus, which totaled $4.6 billion at the end of fiscal year 2024. 

Kitchens said there is a bill being worked on that would release the money for reading before June 30. 

“I’m reluctant to say more until it is introduced, but I would expect that something will be out in the next week or so,” Kitchens said. “If it goes the way I hope, I think there will be bipartisan support.”

Meanwhile, Underly has asked the Legislature for $42 million in her budget proposal to further fund Act 20 over the next two years.

“We know we need ongoing professional development for our teachers, we need to fund reading initiatives and we need to support high-dosage tutoring,” Underly said. “Those are high impact strategies that we know we need to give kids the tools they need to succeed and ensure our schools have the support to make that happen.”