Education leaders, advocates file lawsuit alleging current funding is unconstitutional
The lawsuit alleges that, instead of fulfilling their constitutional responsibility, the legislature has passed more and more of the funding for public schools onto local taxpayers.
A coalition of Wisconsin school districts, teachers, parents, students, and advocates filed a lawsuit alleging that the legislature is failing to adequately fund public schools.
The lawsuit, filed on Feb. 23 in Eau Claire County Circuit Court, asks the court to hold the legislature accountable for “not meeting its constitutionally mandated obligation to provide all children with an equal opportunity for a sound basic education.” It asks the court to adopt a new finance system that meets the needs of districts unless the legislature and governor enact one first “in a timely fashion.”
Wisconsin’s K–12 public schools have gone without cost-of-living adjustments since 2009. Funding for students with special needs has decreased yearly. The increase in special education funding was less than promised again this year.
The complaint alleges that the decline in student reading and math scores is tied to the decrease in state funding to public schools over the last decade.
"The archaic funding formula has underserved our students for decades, especially our most vulnerable children," said Corey Otis, president of the Appleton Education Association. "The state must fulfill its constitutional obligation to our kids and provide them the free, equitable, quality education they deserve. This case holds the legislature accountable."
A spokesperson for Fox Cities Advocates for Public Education expressed support for the lawsuit.
“For years, Fox Cities Advocates for Public Education has been advocating for adequate and equitable funding for Wisconsin public schools,” said Patti Clark-Stojke. “We welcome this lawsuit as an important and necessary step toward ensuring that every child in Wisconsin has access to a high-quality public education – regardless of their zip code.”
Heather DuBois Bourenane, Executive Director of Wisconsin Public Education Network, and a plaintiff in the lawsuit, said it was time to take the matter to the courts.
“For decades, we have used every opportunity democracy has afforded us to stand up for our public schools while lawmakers continue to ignore the needs of our children,” she said.
The lawsuit alleges that, instead of fulfilling their constitutional responsibility, the legislature has passed more and more of the funding for public schools onto local taxpayers. Due to both reduced state revenues and legislative-imposed revenue limits, school districts have little choice but to seek voter approval via referenda to fund school operating expenses through local property tax increases
The complaint also alleges that lawmakers are breaking the law by using taxpayer dollars to fund private voucher schools while failing to meet their constitutional obligation to fund public schools.
Dr. Jill Underly, State Superintendent of Public Instruction, issued a statement in support of the lawsuit.
"Public education is central to Wisconsin's identity and future,” it read in part. “Our state's founders recognized its importance by enshrining in the Wisconsin Constitution a shared state and local responsibility to provide a system of education as ‘nearly uniform as practicable.' Every child, regardless of zip code, deserves that promise to be kept. Supporting public education is bipartisan. Fixing how we fund it should be, too."
The Wisconsin PTA is taking the lead on the lawsuit and is joined by school districts in Beloit, Green Bay, Eau Claire, Adams-Friendship, and Necedah. Other parties include teachers’ unions in Beloit, Eau Claire, Necedah, and Green Bay, as well as eight teachers, parents, students, and community members.
Legislative leaders and members of the Joint Finance Committee are named as defendants.
“This is a constitutional challenge to the deficiency of the state public finance system for our schools,” said Jeff Mandell, president of Law Forward, the firm representing the plaintiffs. “Despite heroic efforts that have held our schools together for as long as they’ve made it under this deficient funding, it’s not enough. These folks are not magicians.”
Mandell said any deal Gov. Tony Evers and the legislature might reach could help schools but would not solve the larger finance problem that has developed over decades.
Education leaders, advocates file lawsuit alleging current funding is unconstitutional © 2026 by Carol Lenz is licensed under CC BY-NC-ND 4.0
