WI Legislature sues Gov. Evers for literacy bill vetoes

Article Summary –

The Wisconsin State Legislature is suing Democratic Gov. Tony Evers and the Wisconsin Department of Public Instruction over Act 100, a bill related to literacy education enacted in 2023. The bill, which allocates $50 million for literacy instruction, had parts vetoed by Evers, including a repeal date and an error that would have increased funding for private choice or independent charter schools. The Republican-controlled legislature claims Act 100 is not an appropriations bill, and Evers’ vetoes are improper and unconstitutional, also arguing that the bill gives the Department of Public Instruction too much discretion over the funding.


Democratic Gov. Tony Evers and Literacy Education Bill Lawsuit

Democratic Governor Tony Evers and the Wisconsin Department of Public Instruction face a lawsuit filed by the Wisconsin State Legislature over a literacy education bill implemented earlier this year. The dispute arose following the enactment of the 2023 Act 100 in February, which Evers signed into law using his line-item veto power.

The law, allocating $50m for literacy instruction in the 2023-2025 state budget, directs funds towards literacy coaches, early literacy curricula grants and additional support for DPI’s Office of Literacy. This law modifies the 2023 Act 20, which established the Office of Literacy and funding for curricula-purchasing grants.

Act 100’s line-item vetoes removed an automatic repeal date of July 1, 2028, for these allocations and mitigated potential ongoing increases for private or independent charter schools. This allowed DPI to administer the literacy coaching program, curriculum grants, and financial assistance for early literacy professional development more effectively, stated Governor Evers.

Lawsuit Filed By Republican-Controlled Legislature

In a new lawsuit, the Republican-controlled legislature argues that Act 100 is not an appropriations bill as it simply directs already allocated funds. They claim Evers’ line-item vetoes are unconstitutional, expressing concern over DPI’s discretion over the $50m.

The suit suggests that the partially vetoed version of Act 100 could potentially allow funds to be used by the Office of Literacy for any ‘literacy program’ devised by DPI. This lawsuit marks the second time Republicans in the Wisconsin Legislature have clashed with the Evers administration over literacy education issues related to Act 20.

Republican Rejection of New Curricula

In March, Republicans rejected 11 new curricula proposed by the Wisconsin Department of Public Instruction for teaching K-3 students in the state’s public and private schools. They instead adopted a shorter curriculum list, despite DPI’s concerns of potential lawsuits over unapproved curricula.

State Superintendent Jill Underly expressed her disappointment, stating that this action will limit the impact of their bipartisan curricular changes on students across Wisconsin. Critics argue these ongoing disputes highlight the Republicans’ opposition to Democratic Gov. Evers’ efforts to improve literacy and reading outcomes across the state.


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