Why does this issue require legal action?

For decades now, Wisconsin public schools have been struggling because of underfunding from the state. Since 2009, state funding has not even attempted to keep pace with inflation, nor has it taken into account the rising numbers and costs of educating high-needs students, namely students with disabilities, students experiencing poverty, and students who are English language learners. Due to declining state funding, many districts across the state cannot meet student needs, and have been forced to cut essential programs, let go of critical staff, and increase class sizes.

Despite worsening academic outcomes and a historic number of operating referendums in districts across the state, the state legislature chose to not add any general aid for education in the 2025-2027 budget. Schools in Wisconsin are now at a crisis point, and we need to take drastic measures to get public education funding back on track to meet constitutional standards – that’s why plaintiffs from across the state have brought this lawsuit. 

Why are the plaintiffs suing the State Legislature and Joint Finance Committee? 

For decades, the state Assembly and Senate have failed to properly fund public education. The Wisconsin constitution makes clear that the state legislature bears the obligation to fund public schools. The Joint Committee on Finance is principally responsible for the state budget and state funding decisions, which is why it and its members are named in the lawsuit.

How much funding would be enough to fully fix Wisconsin’s public school system? 

The plaintiffs aren’t asking the court to determine a specific number. There are countless ways the legislature could approach calculating the funding of our schools. It’s not the court’s role to tell the legislature exactly how to do that – but the plaintiffs are asking the court to hold the legislature accountable for not doing their job and meeting their obligations to Wisconsinites.

Why file in Eau Claire as opposed to other district courts in the state?

The Eau Claire Area School District and Eau Claire Association of Educators (ECAE) are both plaintiffs in the case. Since this case will require significant resources, it was important to file in a court with enough judges to take on this work. 

Why these plaintiffs? 

Given the massive funding gaps that school districts are facing, almost any school district in the state could have led this case. These plaintiffs proudly stepped forward to take action to fix school funding. The lawsuit features 5 communities from across the state; each one has its own challenges and problems that highlight shortcomings in the public education finance system. In each community, there is a broad cross-section of plaintiffs demonstrating the harm that insufficient funding imposes on students, teachers, administrators, and parents. 

Why are Madison and Milwaukee not plaintiffs in this case? 

This case has been informed by conversations with many school districts about the education finance issues they’re experiencing, and additional districts may join the suit or weigh in otherwise. The Madison and Milwaukee school districts have both voiced their support for this litigation. 

Are voucher and charter schools addressed in the complaint? 

This case is not about voucher or charter schools. The plaintiffs are not asking the court to address voucher or charter schools. Voucher and independent charter schools in Wisconsin receive funding from the State Legislature and must be considered to understand the full picture of Wisconsin public school funding.

Why are so many school districts going to referendum? 

Because of reduced state revenue, school districts across Wisconsin are under such incredible financial strain that they are forced to rely on local referendums just to fund basic school operations. This is a change from how local referendums were previously used, which was to fund unique or capital projects.

If this lawsuit is successful, how will it impact taxpayers?

Across Wisconsin, local property taxpayers have continually been asked to increase their property taxes to help fund local schools. Those increases have largely been approved because Wisconsinites support funding their local schools. Increasing state funding for public education will help ease the burden on local taxpayers. Additionally, properly funding Wisconsin’s public schools will benefit all taxpayers by, among other things, creating more jobs – thus boosting local economies – and improving student outcomes, which will produce a stronger workforce.

Why is this in state court under the state constitution and not in federal court? 

The litigation is in state court because it is a challenge under the Wisconsin constitution. Wisconsin’s constitution guarantees a sound basic education for every child. Wisconsin has a strong history of funding public education that dates back to before our state’s founding. 

What does ‘a sound basic education’ mean?

The Wisconsin Legislature defines a “sound basic education” as one that provides all students the opportunity to be “proficient in mathematics, science, reading and writing, geography, and history, and to receive instruction in the arts and music, vocational training, social sciences, health, physical education and foreign language, in accordance with their age and aptitude.”

Why not go directly to the Wisconsin Supreme Court with this as an original action? 

This litigation will require significant evidentiary review and fact finding, which needs to be done at the circuit (trial) court. 

Who do I contact if I’m interested in joining the lawsuit? 

If you are a Wisconsin resident or entity and are interested in joining the lawsuit, please contact Law Forward, the legal team behind the case, at: info@lawforward.org.