Wisconsin School Funding Lawsuit: Districts Sue State Over Adequacy
Madison, Wisconsin – A broad coalition of Wisconsin school districts, teachers’ unions, advocacy groups, parents, students, and other stakeholders has launched a legal challenge against the state legislature, alleging chronic underfunding of public schools. The lawsuit, filed in Eau Claire County Circuit Court, argues that the current system violates the Wisconsin Constitution’s guarantee of an equal opportunity for a sound, basic, and uniform education for all children.
The legal action comes as Wisconsin grapples with a widening achievement gap and increasing reliance on local property taxes to supplement state funding. Plaintiffs contend that the state’s current funding model disproportionately harms high-needs students and places an unsustainable burden on local communities.
“When schools are underfunded, students lose opportunities and communities suffer,” said Jeff Mandell, president and general counsel at Law Forward, the firm representing the plaintiffs, in a statement. “Supporting public education isn’t just good policy – it’s a legal and moral obligation.”
The lawsuit specifically challenges the adequacy of the state’s special education reimbursement rate, arguing it is unconstitutionally low. It seeks a court order compelling the legislature to adopt a new school finance system that adequately addresses the needs of Wisconsin’s districts, or to enact increased funding “in a timely fashion.”
The coalition leading the legal effort is spearheaded by the Wisconsin PTA and includes 18 other organizations and individuals. Participating school districts represent a diverse geographic range, including Beloit, Green Bay, Eau Claire, Adams-Friendship, and Necedah. Teachers’ unions from these communities are also plaintiffs in the case.
Here’s not the first time Wisconsin’s school funding formula has faced legal scrutiny. In , the Wisconsin Supreme Court upheld the existing system as constitutional. However, attorneys involved in the current lawsuit argue that significant changes in demographics, economic conditions, and educational needs warrant a fresh examination of the issue.
The timing of the lawsuit coincides with ongoing negotiations between Democratic Governor Tony Evers and the Republican-controlled legislature regarding the allocation of a state surplus of $2.5 billion. Discussions have centered on potential tax cuts and increased funding for schools, but a consensus has yet to be reached.
The shift in financial responsibility for public education in Wisconsin has been dramatic in recent decades. As recently as , the state covered approximately two-thirds of the cost of educating each student. Today, local districts are responsible for roughly half of those costs, leading to increased reliance on property taxes.
The growing financial strain on local schools has prompted a surge in the number of referendums seeking property tax increases for school funding. In alone, a record such referendums were put before voters, with ultimately approved, according to the Wisconsin Policy Forum. The resulting property tax bills, mailed in , have fueled further calls for state-level action.
The lawsuit also points to a concerning trend of declining student test scores in Wisconsin over the past two decades, coupled with the state’s consistently wide achievement gap between white and non-white students. Leah Hover-Preiss, a teacher in the Adams-Friendship School District and a plaintiff in the lawsuit, described the impact of inadequate funding on classroom conditions. “I have seen the impact of inadequate funding in the classroom through increased class sizes, reduced support for teachers, fewer opportunities for students and a lack of mental health services,” she said.
The legal challenge is expected to ultimately land before the Wisconsin Supreme Court, which currently has a liberal majority. The outcome of the case could have far-reaching implications for the future of public education in Wisconsin, potentially reshaping the state’s school finance system and impacting the educational opportunities available to its students. Republican legislative leaders have not yet publicly commented on the lawsuit.
Governor Evers, a former state superintendent of public instruction, has previously clashed with the legislature over school funding. In , he utilized his broad veto powers to ensure annual increases in per-pupil spending for the next 400 years, a move that drew criticism from Republicans. However, without additional state funding, districts remain reliant on raising property taxes to meet their budgetary needs.