Underly, DPI Shrug Off Complaints Over State Benchmarks; Superintendent and Her Department Have Yet to Comply With Open Records Request

2.6.25

This is an update to an earlier Dairyland Sentinel post.

Although still not providing records requested by Dairyland Sentinel last month, the Wisconsin Department of Public Instruction has provided us this list of ‘nearly 100 experts’ DPI Superintendent Dr. Jill Underly says back her recent changes to Forward Exam cut scores and grading terminology.

Underly’s significant overhaul of the Wisconsin Forward Exam’s performance benchmarks and terminology, has ignited a debate among educators, politicians, and parents across the state.

DPI, under the leadership of State Superintendent Dr. Jill Underly, revised the standards for English Language Arts (ELA) and Mathematics on the Forward Exam. These changes, effective from the 2023-2024 school year, were purportedly to align the exam with updated academic standards and to provide a more accurate reflection of student performance.

The new benchmarks have stirred controversy primarily because they disrupt the continuity of performance data over time. Critics argue that these alterations make it impossible to compare this year’s results with previous years, potentially masking declines in educational outcomes. The terminology shift from ‘Proficient,’ ‘Basic,’ and ‘Below Basic’ to ‘Advanced,’ ‘Meeting,’ ‘Approaching,’ and ‘Developing’ has also been contentious, with some viewing it as an attempt to soften the perception of student performance.

Last month, Dairyland Sentinel filed an Open Records Request with the State of Wisconsin Department of Public Instruction seeking information regarding the controversy.

Here is the content of our Records Request and an update

Brian Fraley, Publisher
Dairyland Sentinel
3215 Golf Road #129
Delafield, WI 53018

January 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 53703

Dear 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

Underly’s moves on the Forward Exam brought about swift backlash from policy makers. Republican legislators, including Assembly Speaker Robin Vos, have criticized the changes, suggesting they could be an effort to “dumb down” educational standards. Governor Tony Evers, a Democrat, has also expressed concerns, noting there was insufficient communication with parents prior to implementing these changes.

Although still not providing records requested by Dairyland Sentinel last month, DPI has provided us this list of ‘nearly 100 experts’ Underly says back her recent changes to Forward Exam cut scores and grading terminology.

Brian,

The participant list you request is publicly available and has been publicly available here in this report that has posted to this page of our website. Sounds like you’ll be looking at Page 322, and you will see the long list of experts who took part in this standard setting, which is a routine process that takes place. As we detailed and as Dr. Underly has stated, these experts represent private Choice schools, charter schools, CESAs, rural, urban, and suburban public school districts. I appreciate you including that full context verbatim.

Additionally, I strongly encourage you to check out this one-page resource that details this routine, transparent process, in addition to the other publicly-available resources on our website – they may be very helpful for your reporting.

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.

I hope this all helps. Thanks!

Chris Bucher

Interim Communications Director | Education Information Services

Department of Public Instruction

Here is the list, as appeared in the document. It is not sorted by school district, nor last name. In typical bureaucratic helpfulness, the list is sorted in alphabetical order by first names.

These are the ‘experts’ Underly says support her and her department’s changing of terminology and cut scores on state testing.

Is your local district represented here?