Lawsuit filed against Wisconsin State Legislature over public school funding

EAU CLAIRE, WI—(CIVIC MEDIA)— A group of students, parents, educators, school districts, and advocacy groups from across Wisconsin filed a lawsuit against the Wisconsin State Legislature and the Joint Committee on Finance for failing to adequately fund public schools.

Jeff Mandell, President and General Counsel at Law Forward, said the claims in the lawsuit are constitutional. The goal of the case is to have the court define and clarify for the legislature that it is responsible for fully funding schools.

“ From the birth of our state, we have valued, as a state, public education. Article X of our state Constitution is about public schools,” Mandell said. “Article 10, section three, of our Constitution expressly makes it the obligation of the legislature to create and maintain public schools around the state that provide every student between the ages of four and 20 in the state of Wisconsin, an equal opportunity for a sound basic education with a character of instruction that’s as uniform as practicable.”

Reasoning for lawsuit

In Wisconsin, school districts’ spending limits are based on what districts spent per pupil in 1993. These spending limits were increased annually based on inflation until 2010. A press release from Fund Wisconsin Public Schools, a broad-based coalition made up of supporters from across the state, said that since 2010, the state statutory increase has been minimal and unpredictable, forcing school districts to go to referendum. In 2024, 150 operational referendums appeared on ballots across the state.

The Necedah Area School District is one of the plaintiffs in the lawsuit. In a press conference on Tuesday, its superintendent, Tanya Kotlowski, said after years of just waiting and watching, she feels compelled to support school districts across the state as a part of the case. 

“The funding system has not kept up with the needs of our children and the needs of our current realities. It is through faithful stewardship today that we move forward with litigation,” said Kotlowski. “ Over the past decade, we have been underfunded in special education by over $13 million just in 10 years. Our local referendum, some would argue or could argue, has been 100% funding that mandated, legal, constitutional obligation.

Lawsuit Plaintiffs

Nineteen plaintiffs are involved in the case. Mandell said more may join the suit later. The plaintiffs include five school districts, education unions, parents, students, and advocacy groups. Law Forward, a Wisconsin-based nonprofit, is representing the plaintiffs, with the Wisconsin Education Association Council (WEAC) as a partner.

School Districts

• Adams-Friendship Area School District
• School District of Beloit
• Eau Claire Area School District
• Green Bay Area Public School District
• Necedah Area School District

Education Unions

• Beloit Education Association (BEA)
• Eau Claire Association of Educators (ECAE)
• Green Bay Education Association (GBEA)
• Necedah Area Teachers Association 

Education Advocacy Associations

• Wisconsin Public Education Network (WPEN)
• Wisconsin PTA

Individuals

• Avi Miller – Student, Eau Claire Area School District
• Chris Hambuch-Boyle – Community member, Eau Claire Area School District
• Julie Stridde – Parent, Necedah Area School District
• Dr. Leah Hover-Preiss – Teacher & parent, Adams-Friendship Area School District
• Joshua Miller – Parent, Eau Claire Area School District
• Merrik Moore – Student, Adams-Friendship Area School District
• McKenna Rounds – Student, Beloit School District
• Shane McDonough – Teacher & parent, Green Bay Area Public School District

Lawsuit Claims Filed

The following six counts explain the lawsuit’s claims.

Count One

The Legislature’s current public school finance system and the insufficiency of state funding contributed to the system denying students an equal opportunity to obtain a sound basic education, as guaranteed by the Wisconsin Constitution article X, Section 3.

Count Two

The Legislature’s public school finance system does not provide a character of instruction for all Wisconsin students that is as nearly uniform as practicable, as guaranteed by the Wisconsin Constitution article X, Section 3.

Count Three  

The constitutional rights of students with high needs cannot be met unless the Legislature changes the public school finance system and provides greater state funding for high needs students. 

Count Four

The Legislature’s deficient special education reimbursement rate for Wisconsin public schools precludes them from providing all students an equal opportunity for a sound basic education, as guaranteed by the Wisconsin Constitution article X, Section 3.

Count Five

The Legislature’s school finance system deprives students with high needs an equal opportunity for a sound basic education that meets their needs, in violation of the Wisconsin Constitution’s equal protection guarantee.

Count Six

The Legislature’s school finance system violates the guarantee that the State will maintain a free government with reference to first principles, as set forth in the Wisconsin Constitution article I, Section 22.

DPI Response

State Superintendent Dr. Jill Underly responded to the court challenge to public school funding. In a press release, she said, “Our current funding formula is not working. Some districts thrive, while others struggle to meet basic needs. Opportunity should not depend on geography, but too often it does.” 

She added that supporting public education is a bipartisan issue and fixing how the legislature funds it should be as well. 

Next Steps

Wisconsin joins the list of states seeing lawsuits over school funding in recent years. The case was filed in Eau Claire County Circuit Court on Monday night. The next step is for the court to assign a judge. Then the defendants, the Joint Committee on Finance and the Wisconsin State Legislature, have 45 days to respond. The case could eventually end up before the liberal-leaning Wisconsin Supreme Court.