The Institute for Reforming Government (IRG) has filed a lawsuit against the Wisconsin Department of Public Instruction (DPI) and its Standard Setting Committee, alleging violations of the state’s Open Meetings Law during a closed-door conference at a Wisconsin Dells resort in 2024.
The suit, filed in Adams County (where the Chula Vista Resort is located), seeks to invalidate actions taken at the four-day event, where 88 educators participated in setting new cut scores for the Wisconsin Forward Exam. This move effectively lowered academic proficiency standards for math and English language arts in grades 3-8. The retreat cost taxpayers $368,885 and was not open to the public.
According to court documents, DPI and its vendor, Data Recognition Corporation, convened the Standard Setting Committee and six subcommittees without public notice. Participants signed broad nondisclosure agreements covering not only test materials but also workshop recommendations, feedback, and related information. Attendees were barred from using personal electronic devices, and materials were confiscated daily. No public access or prior notice was provided, constituting multiple violations of Wisconsin’s Open Meetings Law, which requires governmental bodies to hold meetings in full view of the public and advance notice.
IRG, represented by the Wisconsin Transparency Project, argues that the committees qualify as governmental bodies subject to open meetings requirements. DPI later adopted the committee’s recommendations with minor adjustments, which Superintendent Jill Underly approved in June 2024. The changes renamed and lowered cut scores, making year-over-year comparisons difficult and potentially giving families a false sense of student proficiency compared to national standards.
“DPI cannot lower academic standards in secret and simply expect parents and students to accept the outcome,” IRG General Counsel Jake Curtis said. “Taxpayers funded this process, but DPI shut them out. The DA’s silence left us no choice but to pursue legal action — Wisconsin families deserve to know how and why decisions about their children’s education are being made behind closed doors.”
The story emerged last year after public records requests by IRG and the Dairyland Sentinel were delayed. IRG filed a verified complaint with Adams County District Attorney in April 2026. When the DA, appointed by Gov. Tony Evers, took no action within the required 20 days, IRG proceeded to court. An oversight hearing by legislative Republicans highlighted the issues, but DPI defended the process as routine and not subject to open meetings rules because it involved educators and a private vendor rather than a quorum of officials.
“There’s nothing wrong with a government agency creating a committee to help it do its job. But any committee like that has to follow Wisconsin’s Open Meetings Law,” said Tom Kamenick, President and Founder of the Wisconsin Transparency Project. “Compliance is not difficult. Put up a public notice and then tell people they are welcome to attend and see the work being done. It’s a few simple steps.”
If successful, the lawsuit could void the new testing standards and force DPI to redo the process publicly.
