As of Thursday, October 23, 2025, it will have been 275 days since the Dairyland Sentinel filed a lawful open-records request with the Wisconsin Department of Public Instruction (DPI) and Superintendent Jill Underly. The request, originally submitted on January 21, 2025, sought internal communications, analyses, and meeting documentation related to DPI’s decision to revise performance benchmarks for the state’s Forward Exam.
The DPI has not complied with the lawful records request.
In February, DPI provided only a partial response referencing nearly 100 “experts” Underly claimed worked on the revised standards. The Department did not provide underlying correspondence, meeting minutes, vetting documentation, or other basic records that would show how and why those benchmark changes were made.
Despite repeated follow-ups, DPI has neither fulfilled the request nor formally denied it. In February, a staff communication stated the request would be fulfilled “as soon as practicable.” Two hundred and seventy five days after the initial inquiry, that has not occurred.
In a new letter sent to DPI today, Dairyland Sentinel publisher Brian Fraley wrote:
“Two hundred and seventy five days is neither soon, nor practicable. The lack of transparency on the part of your department is troubling. Citizens of Wisconsin should not have to obtain the services of attorneys in order to obtain public records from the Wisconsin Department of Public Instruction.”
The unanswered request seeks information any taxpayer should be able to access: who the “experts” were and how they were chosen; when and where they met and what they discussed; whether any non-disclosure agreements were used; and the full cost to taxpayers, including staff time, travel, lodging, food, and materials.
Absent a timely, lawful response, Dairyland Sentinel is evaluating next steps to compel compliance and ensure the public can review how and why statewide education standards were altered.
Full text of today’s letter to DPI:
To Secretary Underly and any Department employee to whom it may concern:
Thursday marks 275 days since I first filed this request for public records.
To date, you have not provided the records I requested on January 21, 2025. On February 6th, I did receive a link to a document in which you said some of the information requested could be found. In that response, department employee Chris Bucher further indicated that; “To your question on your records request, I can confirm that the DPI has received your request, and will fulfill it as soon as practicable. If the DPI ultimately denies your request in whole or in part, the DPI will notify you with the reasons for any denial.”
Two hundred and seventy five days is neither soon, nor practicable.
The lack of transparency on the part of your department is troubling. Citizens of Wisconsin should not have to obtain the services of attorneys in order to obtain public records from the Wisconsin Department of Public Instruction.
It is reasonable for the public to wonder: What are you hiding?
The original request was quite straightforward and the answer is clearly in the public interest.
- 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.
- When and where did they meet? Please provide agendas, minutes and any Zoom or other recording of the meetings.
- 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.
- 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.
Two hundred and seventy five days later, the public continues to await answers to these questions.
Sincerely,
Brian Fraley, Publisher
Dairyland Sentinel
(262) 204-7059
Previously at Dairyland Sentinel
