Wisconsin Legislature Suing Governor Evers and DPI Over Literacy Legislation

Friday, April 19th, 2024 -- 9:00 AM

(Corrinne Hess, Wisconsin Public Radio) The Wisconsin Legislature is suing Gov. Tony Evers and the Department of Public Instruction over literacy legislation passed last summer. 

According to Corrinne Hess with Wisconsin Public Radio, a February bill empowered the Joint Finance Committee to direct $50 million for specific early literacy programs. Those programs were included in a literacy bill approved by the Legislature last summer.

The lawsuit, filed Tuesday in Dane County Circuit Court, argues partial vetoes to that bill issued by Evers on Feb. 29 were unconstitutional. Evers’ partial veto, known as Act 100,  struck language allocating  money for school boards and charter school compliance in the early literacy program.

The lawsuit argues the changes “will allow DPI to treat any money directed to it as money that can be used by the Office of Literacy for any literacy program that office deems fit.”

On March 7, DPI submitted a request to the legislature to release the funds set aside in the biennial budget in accordance with the partially vetoed version of Act 100. Lawyers argue the Joint Finance Committee “can’t be assured the money will be specifically spent on literacy programs created in Act 20.”

“Instead, any money directed for that purpose might (but should not) be treated by DPI as well as its Office of Literacy as a blank check to do as it pleases, believing that it is under no statutory obligation to fund either a literacy coaching program or the grant program to offset the cost of purchasing new literacy curriculum,” the lawsuit states.

Lawyers for the Legislature are asking for a temporary injunction to stop DPI from spending any of the funds approved for literacy.

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