Originally Published March 26, 2025
Sixty-four days have passed since the Dairyland Sentinel filed an open records request with the Wisconsin Department of Public Instruction (DPI) and State Superintendent, Dr Jill Underly. Underly and the Department have yet to hand over the records, despite the legal requirement to do so.
The request, submitted Jan. 21, seeks details on controversial changes to the state’s Forward Exam’s performance benchmarks and grading terms—changes critics say lower state education standards and obscure student performance data.
The Dairyland Sentinel, a Wisconsin-based nonprofit outlet that publishes a website and newsletter on Wisconsin history and current events, filed an official open records request for communications, documents, analyses, and meeting records tied to the revisions, which took effect at Underly’s direction.
As of March 26, the DPI has provided only a list of nearly 100 experts backing Underly’s decisions, a response that falls short of addressing the specific records sought.
The Forward Exam, Wisconsin’s annual standardized test for grades 3-8, underwent a shift in how student performance is measured and described. Critics, including educators and parents, argue the new benchmarks disrupt years of consistent data and make it harder to track educational progress. Some suggest the adjustments could mask declines in student outcomes, a charge the DPI and Underly have yet to fully address.
Under Wisconsin’s Open Records Law, public agencies must provide records unless specific exemptions apply. The DPI has not cited any exemptions in this case, nor has it released the requested materials.
Underly, who faces re-election next Tuesday, has defended the changes as necessary updates supported by experts. But without the documents—ranging from internal memos to correspondence with the State Board of Education—the rationale remains unclear. The delay has fueled broader concerns about transparency at the DPI, especially as Underly’s leadership comes under fire from members of both parties, including Democratic Governor Tony Evers.
For the Dairyland Sentinel and its readers, the standoff is about more than test scores—it’s about the public’s right to know and our desire to hold public officials accountable for their actions.
After more than two months, DPI and Jill Underly continue to refuse compliance with the Dairyland Sentinel’s open records request, which leaves voters in the dark as they make the decision whether or not Underly deserves another four years on the job.
We will keep you posted on her and her department’s continued failure to comply with state law, and whether or not we will pursue a legal fight to obtain the public information that is being withheld.
Here is the content of our original Open Records Request:
Brian Fraley, Publisher
Dairyland Sentinel
3215 Golf Road #129
Delafield, WI 53018January 21, 2025
Jill Underly and the Official Custodian of Records for the Department
State of Wisconsin Department of Public Instruction
201 West Washington, Avenue
Madison, WI 53703Dear Superintendent Underly:
Under the Wisconsin Open Records Law, §§19.31 to 19.39 I am requesting an opportunity to inspect or obtain copies of public records that relate to the panel of “nearly 100 experts from across the state” who recommended the updated achievement benchmarks for the forward exam, as per your statement of early today as reported by Corrinne Hess of Wisconsin Public Radio.
Specifically:
1) Who were these experts? How are they chosen? Please provide documentation, including invitations and relevant discussions regarding the geographic and ideological diversity. Please also provide any communication with anyone in your department regarding the vetting of these experts including correspondence with any groups or individuals consulted regarding the composition of this group.
2) When and where did they meet? Please provide agendas, minutes and any Zoom or other recording of the meetings.
3) Were any of the 100 experts asked to sign a non disclosure agreement or similar document that would shield the public from information regarding the discussions? Please provide any relevant emails and other documents given to the advisory group, including any Non Disclosure contracts or discussions regarding any such agreements.
4) Please provide a complete timeline of this consultation process and include an itemized listing of any state expenditures including staff time and equipment purchases, meeting space rental, food, travel, lodging or other accommodations.
If there are any fees for searching or copying these records, please inform me if the cost will exceed $1. However, I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding of the changes in terminology and cut scores. I intend on publishing your response at DairylandSentinel.com. This information is being sought in the public interest and the data will not be used for commercial purposes.
I would request a response in writing, within the 5 days described by law, if you intend to deny this request. Also, if you expect a significant delay in fulfilling this request, please contact me with information about when I might expect copies or the ability to inspect the requested records.
If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.
Thank you for considering my request.
Sincerely,
Brian Fraley
info @ DairylandSentinel.com
(262) 204-705XX
