Wisconsin Assembly Bill AB5

Wisconsin 2025-2026 Regular Session

• Introduced: 2/3/25
• Refer: 2/3/25
• Report Pass: 2/17/25
• Refer: 2/17/25
• Engrossed: 2/19/25
• Refer: 2/21/25
• Enrolled: 10/15/25
• Vetoed: 10/31/25

Caption

An Act to amend 118.03 (1) and 118.03 (4); to create 118.03 (1m) and 118.032 of the statutes; Relating to: requiring school boards to make textbooks, curricula, and instructional materials available for inspection by school district residents.

Summary

AB 5 would require Wisconsin school boards to give school district residents a way to inspect adopted textbooks, curricula, and instructional materials upon written request. For textbooks on a district’s adopted-textbook list, and for curricula or instructional materials used in district schools, the school board would have to comply within 14 days of receiving the request, and each board would also have to adopt procedures to make those materials available in fewer than 14 days. The bill also requires school boards to post their adopted-textbook lists on their websites. The bill defines “curriculum” as a curriculum plan adopted by a school board to satisfy certain state-law duties, and “instructional material” as course content or resources included in a curriculum. It further states that the inspection requirement cannot be read to force a school board to violate federal copyright law, and it preserves any existing rights residents have under Wisconsin’s open records law to inspect or copy records.

Impact

AB 5 would amend existing school-textbook law in s. 118.03 and create a new inspection right for district residents in s. 118.032. In practical terms, it expands public access to instructional content by imposing deadlines and procedural obligations on school boards, while also adding a website-posting requirement for adopted textbook lists. The bill applies prospectively to textbooks adopted and curricula/instructional materials used in school years beginning after the effective date, and it leaves open-records rights and copyright limits intact.

Sentiment

The bill appears to have had meaningful support in the Assembly and Senate, passing the Assembly 54-43 and later receiving 18-15 votes in the Senate on amendment rejection and concurrence. That pattern suggests a generally favorable but partisan or closely divided reception. The bill ultimately did not become law, as it failed to pass notwithstanding the Governor’s objections, indicating that support was not sufficient to override executive opposition.

Contention

The main points of contention are likely transparency versus administrative burden and educational discretion. Supporters appear to favor greater parental and resident access to what is being taught and used in schools, while opponents may view the bill as adding compliance obligations, potentially exposing curriculum decisions to more scrutiny, and creating tension with copyright restrictions. The explicit copyright carveout and preservation of open-records rights suggest lawmakers were trying to balance access with legal limits, but the close votes indicate disagreement over whether the bill struck that balance appropriately.