The Dairyland Sentinel filed a formal request Tuesday asking Attorney General Josh Kaul to intervene after the Wisconsin Department of Public Instruction (DPI) failed to produce public documents for over a year.

The request asks the Department of Justice (DOJ) to compel DPI to follow state law. Dairyland Sentinel is seeking records regarding a 2024 “Waterpark Workshop” and changes to Wisconsin Forward Exam benchmarks.

“The Wisconsin Department of Justice’s Public Records Law Compliance Guide states that custodians must provide the greatest possible information regarding the affairs of government and must respond to requests as soon as practicable and without delay,” wrote Dairyland Sentinel Publisher Brian Fraley.

A Year of Delays

The dispute involves records requests first filed in January 2025. Dairyland Sentinel requested emails and cost records for a June 2024 workshop at Chula Vista Resort. During that event, officials changed student proficiency standards. The move caused state test scores to jump significantly.

DPI released some records in February 2025 and more in February 2026. The second release of information only happened after the Institute for Reforming Government (IRG) sent a formal demand letter. However, DPI still refuses to release all of the records sought in 2025. It has also withheld its contract with Data Recognition Corporation (DRC), the state’s testing vendor, a document Dairyland Sentinel requested earlier this year.

DOJ Standards

In a letter sent to Kaul on Tuesday, Fraley pointed to the DOJ’s own compliance guide. That guide states that a “routine workload” is not a legal excuse for delaying records. It also requires agencies to provide the “greatest possible information” to the public.

“DPI has not cited any legal reason for withholding the contract or other documents,” Fraley wrote.

The records released so far show the resort workshop cost taxpayers $368,885. Those findings led the Wisconsin Legislature’s Joint Finance Committee to temporarily pause $1 million in DPI funding.

The Dairyland Sentinel is now asking the DOJ to review DPI’s actions and take enforcement steps.

To understand why the Dairyland Sentinel is taking this step with the Attorney General, it helps to look at the timeline of the two distinct request cycles that led to this point.

The investigation has shifted from a broad look at a resort workshop in 2025 to a specific legal push for a hidden contract in 2026.

The 2025 Request: The “Waterpark Workshop”

On January 21, 2025, the Dairyland Sentinel filed its initial request for records regarding a four-day “standard-setting” workshop held in June 2024 at the Chula Vista Resort in Wisconsin Dells.

At the time, Dairyland Sentinel requested a full accounting of how nearly 100 “experts” were chosen to redefine student proficiency standards for the Forward Exam. The request sought:

Itemized Costs: Receipts for lodging, food, and resort amenities.
Meeting Records: Agendas, minutes, and any video or audio recordings of the sessions.
Vetting Documentation: Records showing how participants were selected and if they were required to sign non-disclosure agreements (NDAs).

For an entire year, DPI acknowledged the request but failed to produce the most of the records. It was only after a formal demand letter from the Institute for Reforming Government (IRG) in January 2026 that the agency finally released 17 pages of documents. Those records revealed a total price tag of $368,885 for the event, which directly led the state’s Joint Finance Committee to pause $1 million in DPI funding. THe Department contends there are no minutes or records of the meetings, and they did not turn over any itemized costs.

The 2026 Request: The “Secret” Vendor Contract

In February 2026, a second, more narrow request was filed. This request focuses on the legal foundation of the workshop: the contract between the DPI and its testing vendor, Data Recognition Corporation (DRC).

This request is critical because DPI has used its agreement with DRC as a shield against transparency. The agency claimed that:

No Minutes Exist: DPI asserts that no official transcripts or recordings were made of the $368,000 event.
Gag Orders: DPI confirmed that the “experts” were required to sign NDAs, preventing them from discussing the process of lowering student proficiency benchmarks with the public.
Contract Secrecy: When asked for the contract that justifies these secrecy requirements, DPI failed to provide a signed, executed copy.

The current push to Attorney General Josh Kaul is a direct result of DPI’s refusal to release this contract. Under Wisconsin’s Public Records Law, a government agency cannot “contract away” the public’s right to know by signing secrecy agreements with private vendors.

Full Letter to Attorney General Josh Kaul

March 24, 2026

Attorney General Josh Kaul

Wisconsin Department of Justice

PO Box 7857 Madison, WI 53707-7857

VIA EMAIL

General Kaul:

I am writing to request that the Wisconsin Department of Justice take action to ensure that the Wisconsin Department of Public Instruction complies with the state’s Public Records Law.

The Wisconsin Department of Justice’s Public Records Law Compliance Guide states that custodians must provide the greatest possible information regarding the affairs of government and must respond to requests as soon as practicable and without delay. The guide also states that an agency must either release requested records or provide a specific and sufficient legal reason for withholding them.

The Dairyland Sentinel has submitted multiple public records requests to the Department of Public Instruction. DPI confirmed receipt of these requests but did not provide the requested records within the timelines described in the DOJ guide. DPI released some records, more than a year after one request, but only after the Institute for Reforming Government issued a formal demand letter on our behalf. Other records, including DPI’s contract with Data Recognition Corporation, have not been released at all. DPI has not cited any statutory exemption for withholding the contract or any other documents we are seeking.

These delays and omissions conflict with the standards outlined in the guide published by your department. Your guide makes clear that routine workload is not a lawful reason for delay and that agencies must provide prompt access to public records unless a specific exemption applies.

The Dairyland Sentinel is a nonprofit organization that reports on matters of public interest, including statewide education policy and the administration of the Forward Exam. The records we requested relate directly to DPI’s policymaking and its relationship with its primary testing contractor. These are matters of clear public concern.

I respectfully request that the Department of Justice review DPI’s handling of these requests and take enforcement action as necessary to ensure compliance with Wisconsin’s Public Records Law. I also ask that the Department reaffirm the standards set forth in its own guidance and ensure that state agencies follow them.

Thank you for your prompt action.

Sincerely,

Brian Fraley

Publisher, Dairyland Sentinel