Action Could Lead to Court Striking Down
DPI’s Lowered Test Score Standards
On Tuesday, IRG announced the filing of a complaint to hold the Department of Public Instruction (DPI) accountable for its secret meeting that led to DPI lowering test score standards.
Actions taken at illegal meetings are voidable under state law. If a court determines that DPI violated Wisconsin’s Open Meetings Law by conducting the meeting in secret, a judge could declare the newly adopted controversial testing standards invalid.
The complaint was filed in partnership with the Wisconsin Transparency Project, a law firm dedicated to robust enforcement of the state’s Open Meetings and Public Records Laws.
Tomorrow, IRG General Counsel and Director of the CIO, Jake Curtis will testify at the Wisconsin Assembly Committee on Government Operations, Accountability and Transparency’s informal hearing related to open records and open meetings for the Department of Public Instruction’s Forward Exam. You can watch the hearing live on Wiseye here.
What Happened
During the summer of 2024, DPI held a closed-door $368,885 meeting in the Wisconsin Dells to discuss and ultimately lower statewide test score standards. The meeting was not noticed to the public, was not open to the public, and participants were required to sign blanket non-disclosure agreements.
IRG previously called on DPI to explain why this meeting was exempt from Open Meetings Law requirements. IRG discovered the existence of the secret meeting after the Dairyland Sentinel received responsive records to a public records request, but only after waiting 12 months. Information about the meeting was disclosed after IRG and The Dairyland Sentinel sought the release of additional public records.
What They’re Saying
*Listen to Dan O’Donnell’s analysis of the complaint here.
Listen to Benjamin Yount and Jake Curtis break down the filing on the Benjamin Yount Show here.
What Happens Next
The Adams County District Attorney has until Thursday, April 30th to decide if she will pursue an investigation and charges of violations of Wisconsin Open Meetings law. If she declines, IRG plans to pursue the case itself.
If a court ultimately finds that DPI’s actions violated the Open Meetings Law, the result could be the invalidation of the lowered standards. The court could also require DPI to reconvene and properly adopt new testing benchmarks in a forum open to the public.
The Quote
“DPI cannot lower academic standards in secret and simply expect parents and students to accept the outcome. Working groups created by DPI are not exempt from Wisconsin’s Open Meetings Laws. Taxpayers funded this process, but DPI shut them out. A state agency doesn’t get to spend public dollars, make consequential decisions, and then hide the process from public scrutiny.”
— Jake Curtis, IRG General Counsel
IRG’s complaint was drafted with assistance from Attorney Tom Kamenick, President & Founder of the Wisconsin Transparency Project, a law firm dedicated to robust enforcement of the state’s Open Meetings and Public Records Laws.
