Wisconsin schools and teachers sue GOP-led Legislature over public school funding

A coalition of school districts, teachers’ unions, advocacy groups, parents and students in Wisconsin have filed a lawsuit against the state Legislature, arguing that public schools are not being funded adequately. The complaint, filed in Eau Claire County Circuit Court, contends that high needs students face the greatest risk under the current system. The lawsuit asks the court to require a new school finance structure unless lawmakers and the governor enact one in a timely fashion, the Associated Press reports.

For decades, disputes over Wisconsin’s complex funding formula have played out in the Statehouse. This time, the matter is expected to reach the Wisconsin Supreme Court, which is currently controlled by liberal justices. In 2000, when the formula was last challenged, the court upheld it as constitutional. Attorneys behind the new case argue that fiscal and educational conditions have changed significantly since then.

A long shift in who pays

As recently as 2003, the state covered roughly two thirds of the cost of educating each student. Today, districts pay about half. That shift has altered how schools balance their budgets and how communities experience the cost of education.

Democratic Governor Tony Evers and the Republican controlled Legislature are negotiating how to use a $2.5 billion surplus. Proposals include tax cuts and possible increases in school funding. According to the Associated Press, the talks remain unresolved.

In 2023, Evers used his veto authority to allow districts to raise per pupil spending annually for the next 400 years. However, without additional state funding, districts often rely on property taxes to meet those limits. When allowable increases fall short, districts have turned to local referendums.

In 2024, a record 241 school funding referendums appeared on ballots. Voters approved 169 of them, according to the Wisconsin Policy Forum, AP reports. Property tax bills mailed in December prompted renewed pressure on lawmakers to deliver relief.

For students, these fiscal mechanics translate into visible changes. Districts that cannot secure voter approval may reduce staff, defer maintenance or scale back support services. Districts that win referendums may stabilise programs but deepen disparities between communities with different tax bases.

Classroom impact and testing gaps

The lawsuit links funding levels to student outcomes. Wisconsin has long recorded one of the widest achievement gaps between white and non white students. Plaintiffs argue that declining test scores over the past two decades reflect inadequate investment.

Leah Hover Preiss, a teacher in the Adams Friendship School District and a plaintiff in the case, described the effects inside classrooms. “In order to best support students and families, our schools need strong and stable funding from the state,” she said, according to AP. She cited larger class sizes, fewer supports and limited access to mental health services.

The complaint also challenges the state’s special education reimbursement rate, calling it constitutionally deficient. It argues that students with higher needs cannot receive an equal opportunity for a sound, basic and uniform education under the current formula.

Jeff Mandell, president and general counsel at Law Forward, which filed the lawsuit alongside the statewide teachers’ union, framed the case in constitutional terms. “When schools are underfunded, students lose opportunities and communities suffer,” he said, according to AP. “Supporting public education is not just good policy. It is a legal and moral obligation.”

From policy debate to legal test

The Wisconsin Parent Teacher Association is leading the lawsuit, joined by 18 individuals and entities, including districts in Beloit, Green Bay, Eau Claire, Adams Friendship and Necedah. Teachers’ unions and community members are also listed as plaintiffs. The Legislature and its budget writing committee are named as defendants.

School funding lawsuits have appeared across the United States for decades, with mixed results. Courts have sometimes ordered legislatures to revise formulas. In other cases, they have deferred to lawmakers.

If the Wisconsin Supreme Court revisits its 2000 ruling, the decision could reshape how the state defines educational adequacy and equity. The outcome will not be immediate. Budget cycles, appeals and legislative negotiations will continue.

Students, however, already experience the present system. They sit in classrooms affected by staffing levels, support services and local tax votes. Whether the court mandates change or lawmakers reach a compromise, the central question remains practical rather than procedural. Will the next budget cycle narrow opportunity gaps, or widen them further.

That is the measure that will matter most inside Wisconsin’s schools.
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