IRG Issues Demand Letter to DPI Over Year-Long Delay on Dairyland Sentinel’s Public Records Request
Delafield, Wis. – The Institute for Reforming Government (IRG) sent a formal demand letter to the Wisconsin Department of Public Instruction (DPI) on Thursday seeking the immediate release of public records that have been withheld for one year.
The original request, submitted by the DairylandSentinel.com on January 21, 2025, sought documents essential for public transparency. Despite DPI’s initial acknowledgment of the request, the Department has failed to provide these public records for one full year.
THE REQUEST:
The request originally submitted by Dairyland Sentinel’s publisher Brian Fraley on January 21, 2025, sought internal communications, analyses, and meeting documentation related to DPI’s decision to revise performance benchmarks for the state’s Forward Exam.
DPI has not complied with the lawful public records request.
In February, DPI provided only a partial response referencing a list of nearly 100 “experts” Superintendent Underly claimed worked on the revised standards. The Department did not provide underlying correspondence, meeting minutes, vetting documentation, or other basic records that would show how and why those benchmark changes were made.
The unanswered request seeks information any taxpayer should be able to access: who the “experts” were and how they were chosen; when and where they met and what they discussed; whether any non-disclosure agreements were used; and the full cost to taxpayers, including staff time, travel, lodging, food, and materials.
THE LEGAL REQUIREMENT TO PRODUCE RECORDS:
Under Wis. Stat. § 19.35(4)(a), state agencies are required to respond to public records requests with speed and diligence. As noted in the demand letter, a records custodian has only two lawful choices: comply or deny. Keeping a request in an “unspecified future” limbo is not an authorized option under the Wisconsin DOJ Compliance Guide.
THE QUOTES:
“The public shouldn’t have to engage legal representation to get DPI to comply with the law,” said Fraley, “but I’m certainly happy the team at IRG is willing to engage in this fight.”
“Transparency delayed is transparency denied,” said Jacob J. Curtis, IRG General Counsel and Director of the Center for Investigative Oversight. “Wisconsin law is clear: records must be provided ‘as soon as practicable and without delay.’ Keeping the public in the dark for a year is not just a bureaucratic failure, it is a violation of the law. We are hopeful that DPI will choose transparency over litigation.”
About the Institute for Reforming Government
The Institute for Reforming Government is a non-profit organization dedicated to simplifying government, exposing waste, and ensuring that Wisconsin’s public institutions operate with the transparency and efficiency that citizens deserve.
About the Dairyland Sentinel
DairylandSentinel.com is a nonprofit online publication founded in 2023. In addition to hosting original reporting and commentary on the events, people, history and traditions of Wisconsin, Dairyland Sentinel also publishes a free weekday newsletter.