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Wisconsin schools are in crisis, according to a coalition of educators and community members who filed a lawsuit Monday challenging the state’s education funding system. The legal action, announced Tuesday, claims the Wisconsin Legislature is failing to meet its constitutional obligation to adequately fund public education.
Filed in Eau Claire County Circuit Court, the lawsuit argues that Wisconsin’s current school finance system particularly harms high-needs students. The coalition is asking the court to mandate a new funding structure unless lawmakers and Governor Tony Evers act quickly to address the issue themselves.
The Wisconsin PTA leads the coalition, which includes five school districts—Beloit, Green Bay, Eau Claire, Adams-Friendship and Necedah—along with teachers unions and individual educators, parents, and students. Law Forward, in partnership with the statewide teachers’ union, is representing the plaintiffs.
“When schools are underfunded, students lose opportunities and communities suffer,” said Jeff Mandell, president and general counsel at Law Forward. “Supporting public education isn’t just good policy – it’s a legal and moral obligation.”
This case marks a significant shift in Wisconsin’s education funding battles, moving the debate from the statehouse to the courthouse. The lawsuit will likely end up before the Wisconsin Supreme Court, which now has a liberal majority.
Wisconsin’s school funding formula was last challenged in 2000, when the state Supreme Court upheld the system as constitutional. However, attorneys for the coalition argue that educational conditions have changed dramatically since then, warranting a fresh legal examination.
The lawsuit comes at a politically charged moment. Democratic Governor Tony Evers and the Republican-controlled Legislature have been negotiating over how to use the state’s $2.5 billion surplus, with tax cuts and potential school funding increases both on the table.
At the heart of the case is Wisconsin’s retreat from its previous commitment to education funding. As recently as 2003, the state covered two-thirds of education costs. Today, local districts bear about half the financial burden, forcing many to increase property taxes or seek voter approval for additional funding through referendums.
The reliance on referendums has reached unprecedented levels. In 2024 alone, voters faced a record-high 241 school funding referendums statewide, approving 169 of them, according to the Wisconsin Policy Institute. The December property tax bills resulting from these local funding decisions have sparked calls for property tax relief.
Leah Hover-Preiss, a teacher in the Adams-Friendship School District and plaintiff in the lawsuit, has witnessed the consequences firsthand. “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 lawsuit specifically alleges that the state has violated the Wisconsin Constitution’s requirement to provide all children with an equal opportunity for a “sound, basic and uniform education.” It further argues that high-needs students’ constitutional rights are being denied by the current system.
Special education funding is another focal point, with plaintiffs describing the current reimbursement rate as “unconstitutionally deficient.” This connects to broader concerns about Wisconsin having the nation’s widest achievement gap between white and non-white students, a disparity the lawsuit links to inadequate funding.
Governor Evers, a former state education superintendent, has previously attempted to address school funding issues. In 2023, he used his veto powers to ensure districts could increase per-pupil spending annually for the next 400 years—a move that angered Republican legislators.
Republican legislative leaders, named as defendants along with the Legislature’s budget committee, did not immediately respond to requests for comment on the lawsuit.
The case represents the latest chapter in a nationwide trend of school funding litigation, which has seen varying degrees of success across different states. For Wisconsin, it could potentially reshape how the state funds public education for generations to come.
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8 Comments
This is an important case for education funding in Wisconsin. Adequate school resources are crucial for student success and community development. I hope the lawsuit leads to a fair, long-term solution.
Public education is a core responsibility of government. Lawmakers need to prioritize sustainable funding to ensure all students, regardless of background, have access to quality learning opportunities. I’ll be watching this closely.
Absolutely. Education is a fundamental right and schools should have the resources they need to provide a strong foundation for students. This lawsuit could be a catalyst for positive change.
Underfunded schools harm disadvantaged students the most. This lawsuit rightly challenges the state’s failure to meet its constitutional obligations. I hope the courts rule in favor of equitable education funding.
It’s concerning to hear about the dire state of Wisconsin’s public schools. Students deserve access to well-resourced learning environments. This lawsuit could set an important legal precedent.
This lawsuit raises critical questions about the state’s responsibility to ensure equitable access to education. I hope the courts recognize the importance of fully funding public schools in Wisconsin.
Investing in public education benefits the whole community. I’m glad to see this coalition taking legal action to push for the education funding that Wisconsin students and families deserve.
Agreed. Quality public schools are the backbone of a strong society. This lawsuit highlights the urgent need for state leaders to uphold their constitutional duty and properly fund education.