MMSD First Day 090123 08-09012023120405 (copy)

The state Department of Public Instruction is proposing a change to a decades-old state law that currently restricts schools from starting the term before Sept. 1. 

The state Department of Public Instruction is seeking to make it easier for schools to begin the fall semester before the usual Sept. 1 start date, though opponents say the change could harm the tourism industry. 

Under current state law, DPI cannot allow a public school to commence the school term before September, unless it has “extraordinary reasons” to do otherwise. The proposed rule would amend the current law — enacted in 2002 — and expand the types of exemptions allowed for districts to begin school ahead of Sept. 1. 

The number of school districts submitting waivers to start school earlier has increased in recent years, according to DPI spokesman Chris Bucher. In the 2023-24 term, over 100 districts — nearly 1 in 4 — requested to begin the school year before Sept. 1.  

For comparison, only 18 districts sought exemptions in the 2020-21 school year.

What are the current exemptions? 

Among the “extraordinary reasons” or exemptions currently allowed for schools to start earlier include major construction projects; unexpected school closures; and excessive costs associated with bussing private school students who start school prior to September.

Also on the list of exemptions are high schools with over three-quarters of 11th and 12th grade students who are enrolled in international baccalaureate courses. 

School boards typically set the school calendar each year, and Bucher said districts have “long asked for greater local control” to determine a schedule that is best suited to their community. In public hearings so far, 92% of respondents have registered in favor of the change, many of them representing school districts, according to DPI. 

“The success of our students is the priority, so updating this outdated rule is another way we can give additional flexibility to our schools to help focus on our collective work and improving student achievement,” Bucher said. “Updating it allows for each school board to determine what works best to help their learners achieve.” 

What exemptions would be added? 

In a proposal, DPI outlined the additional exemptions it would consider allowing under the new rule. Those include schools seeking to improve attendance, student achievement, graduation rates and proficiency in math and reading, as well as recruitment and retention strategies for educators. 

DPI said it would also expand the exemptions to include districts that want to start school earlier to address the mental health of students and staff or those that need to coordinate with colleges for dual enrollment programs. 

Why are businesses opposed? 

In a public hearing March 25, several small business and tourism leaders spoke out against the proposed change. They said more schools starting the term in August — one of Wisconsin’s busiest months for tourism — would be detrimental to the state’s economy. 

“If these changes are implemented as proposed, they will have a negative impact on Wisconsin’s tourism economy … during August, the second highest month in generating visitor revenue for Wisconsin,” said Pam Seidl, chair of Destination Wisconsin and executive director of the Fox Cities Convention & Visitors Bureau. 

Joe Klimczak, general manager for Cave of the Mounds, said the tourist attraction relies on teachers and high school students who work there during their summer break, and the additional help is needed amid a challenging hiring climate. 

“Tourism businesses in general face many challenges because we are largely seasonal operations,” he said. “Providing more start date exemptions … would deprive us of much of our workforce when we need them most.”

The last two weeks of August, Klimczak added, are the most important of the year for Cave of the Mounds. “Please don't take them away by changing the current legislation,” he said.

State Rep. Joel Kitchens, a Republican who chairs the Assembly education committee, also decried the proposed rule for limiting families’ summer vacations and allowing “virtually any school district to start early.”  

“That's not within the power of DPI — something like that needs to be decided by the Legislature,” he said. “The way this is portrayed is that somehow we are choosing business over students, and that's not true. I think what we're really talking about here is putting the convenience of school personnel over families, and I think we need to keep the law as it is.”

What are school districts saying? 

While the Madison Metropolitan School District typically begins the school term on Sept. 1 or after Labor Day, spokesman Ian Folger said the district is “always in favor of re-examining legislation when potential changes involve the opportunity for us to better serve our families.” 

Zachary Fugate, superintendent of the Unity School District in northwestern Wisconsin, also said the expanded exemptions would help rural schools and impoverished students. 

“Many of our students struggle with transportation needs during the summer months,” he said in public testimony. “As a result, a portion of our students miss out on opportunities to participate in middle and high school activities that begin before the start of the school year.” 

The option to start school before Sept. 1, Fugate said, would allow more students to participate in extracurriculars because they would already have transportation to school. 

An earlier start date would also address staff recruitment and retention by providing increased opportunities for professional development, he said.  

What’s next? 

DPI will hold additional hearings to gather public input, the department said in a news release

Spokesman Bucher said there is no specific timeline for the rule to be enacted. The department will review all feedback, he said, and take those comments into consideration when preparing a final rule. 

Gov. Tony Evers has already signed off on the proposed change. A legislative committee still needs to review the policy before it takes effect. 

Kayla Huynh joined the Cap Times in 2021 and covers education. She graduated from Northwestern University with a master's degree in journalism after attending UW-Madison.

Support Kayla's work and local journalism by becoming a Cap Times member.

To comment on this story, submit a letter to the editor.