A group of Wisconsin students, parents, teachers, school districts and unions is suing the state Legislature over what they say is an inadequate public school funding system that falls short of constitutional requirements to serve students.
Instead of specific monetary damages, the lawsuit is asking the Eau Claire County Court to declare that the Legislature “has not fulfilled—and may no longer shirk—its constitutional obligation” to sufficiently fund Wisconsin’s public schools. Such a ruling would then compel state lawmakers to find a solution.
“The Legislature has failed to ensure that state funding to public school districts has kept pace with the increased educational costs, and the growing gap has imposed an ever-increasing burden on local taxpayers and property tax revenues,” states the lawsuit, which was filed last week.
Legislatively imposed revenue limits are part of what pushes districts to repeatedly bring referendums to voters to fund much-needed projects or even year-to-year operating expenses, according to the lawsuit. Capital referendums typically ask voters to sign off on adding or upgrading buildings, whereas operational referendums help cover a district’s operating expenses, such as salaries.
In 2024, voters considered 150 operational referendums in Wisconsin, a steep increase of 59 over the previous record set in 2022. Dozens of districts’ operating referendums failed in 2024.
“Our schools have to scrape by year after year after year, slimming down, reducing, getting smaller and smaller,” Joshua Miller, a parent in the Eau Claire Area School District who, along with his daughter, is a plaintiff in the suit, said at a recent press conference. “The dire need for adequate funding has been made clear to lawmakers, but they have refused to hear our pleas. The situation is sad, absurd and infuriating. Wisconsin’s current school finance system is broken.”
The lawsuit compares the 1999-2000 school year — when public school revenue consisted of 53.7% of funding from the state, 41.6% local and 4.7% federal — to the 2023-24 school year, when funding was 45% state, 43% local and 12% federal. The jump in federal funds is largely attributable to temporary COVID-19 pandemic relief dollars.
The nonprofit firm Law Forward and the Wisconsin Education Association Council trade union are representing the plaintiffs, which Law Forward’s general counsel said vary geographically and demographically to highlight the broad nature of the problem. The districts listed as plaintiffs are Beloit, Eau Claire, Green Bay and Necedah, as well as the Adams-Friendship Area School District. The Wisconsin PTA, a statewide parent group, is leading the plaintiffs.
“None of us is itching to sue the Legislature about this. None of us takes this lightly or thinks that this is about politics,” Jeff Mandell, president and general counsel at Law Forward, said at the press conference. “This is a moment of last resort.”
Mandell said state aid to public school districts this year is $2 billion less than the inflation-adjusted number from 2009, which is when the Legislature repealed the statutory provision for automatic revenue limit adjustments for inflation.
The funding system is having an effect on Wisconsin student performance, the lawsuit argues. Statewide fourth grade reading proficiency dropped from 78% in 1999-2000 to 44.8% in 2022-23. Eighth grade math proficiency dropped from 42% to 30.5% over that same time period.
“The Legislature’s persistent failure to adequately fund public school districts, coupled with decisions to cap school district spending and prioritize funding for private school vouchers and independent charter schools, has driven student outcomes, as measured by proficiency data, into steady decline,” the lawsuit states. “And high needs students have suffered the steepest proficiency losses.”
Republican Assembly Speaker Robin Vos, who announced in February that he would not seek reelection, said in a statement to the Cap Times: “This complaint is another meritless attempt by liberal activists to defund the State’s highly successful school-voucher program and interfere with the Legislature’s authority to fund public schools. We will vigorously defend against this suit and are confident that the courts will soundly reject it.”
Shane McDonough, a special education teacher and parent in the Green Bay Area Public School District, said he has seen “firsthand how schools bravely and honorably serve our students and families every day.”
“I look at the social and emotional needs of our students, and I would say that we have done the best with what we’ve been given,” McDonough said. “But there’s tremendous pressure and there is tremendous need that’s currently in our school district and beyond.”
Necedah Area School District Superintendent Tanya Kotlowski has spent 31 years working in public education. She said her district has been open about its needs by providing testimony to state committees, passing school board resolutions and meeting with local legislators.
The Necedah district is now facing its third operational referendum, with a vote coming in April. Kotlowski froze her salary to direct more money to student needs, the lawsuit states. She took on other roles, coordinating transportation, acting as business manager and overseeing curriculum and instruction, because the district cannot afford to fill the vacant positions.
“There have been many times where I have sat back and waited patiently and hopeful. But there were times when my silence was just easier than taking action,” she said. “There are also moments when you feel compelled due to just faithful love and service. It requires courage, and right now at this moment is one of those times.”
By Jonah Beleckis for the Wisconsin Independent.
Broadcast version by Judith Ruiz-Branch for Wisconsin News Connection reporting for the Wisconsin Independent-Public News Service Collaboration
