FOR IMMEDIATE RELEASE – February 24, 2026
Media Contact: media@fundwipublicschools.org
Parents, Teachers, and School Districts File Landmark Lawsuit Against Wisconsin State Legislature for Failing to Adequately Fund Public Schools
Plaintiffs Ask Court to Rectify Legislature’s Broken Promise to Wisconsin Students
EAU CLAIRE, WI — On Monday evening, a group of students, parents, advocates, educators, school districts, and community members from across the state filed suit against the Wisconsin State Legislature and its Joint Committee on Finance for failing to adequately fund public schools across Wisconsin. The 19 plaintiffs, led by the Wisconsin PTA, are asking 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. The plaintiffs are represented by the Wisconsin-based non-profit Law Forward, in partnership with Wisconsin Education Association Council (WEAC).
“A free and uniform public education is fundamental to our democracy,” said Jeff Mandell, President and General Counsel at Law Forward. “When schools are underfunded, students lose opportunities and communities suffer. Supporting public education isn’t just good policy – it’s a legal and moral obligation. We have asked the court for nothing more than to hold the Legislature responsible for fulfilling its constitutional obligation – so that every Wisconsin kid has the same opportunity for education regardless of their ZIP code, background, or socioeconomic status.”
For decades now, Wisconsin public schools have been struggling because of underfunding from the state. For the past 16 years, 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.
As a result, the complaint filed today shows Wisconsin students are falling behind, particularly in reading and math. Between the 1999-2000 and 2022-2023 school years, statewide reading proficiency for fourth-grade students dropped from 78% all the way to 44.8%. In the same time period, statewide math proficiency rates for eighth-grade students fell from 42% to 30.5%. For high need students–whether those are students with disabilities, English learners, or economically disadvantaged students–the numbers are even starker.
“As a teacher, I see every day how funding decisions show up in our schools: increased class sizes, reduced classroom support for teachers, fewer opportunities for students in art, music, and sports, a lack of student mental health services – and that’s just to name a few,” said Dr. Leah Hover-Preiss, a Math Interventionist in the Adams-Friendship Area School District. “My colleagues and I want to focus on helping kids succeed, and it’s nearly impossible to do so while we’re trying to accommodate the diverse needs of students in our classroom or working to prevent critical programs from being cut next. In order to best support students and families, our schools need strong and stable funding from the state.”
In Wisconsin’s school funding system, district per pupil spending is limited based on what districts spent per pupil in 1993. Until 2010, per pupil funding was increased annually based on inflation. Since 2010, the state statutory increase has been minimal and unpredictable. Because of this reduced revenue, school districts across Wisconsin have become so financially strapped 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.
In recent years, the number of Wisconsin public school districts advancing referendums – and the dollar amount of those referendums – has risen substantially. In 2024, 150 operational referendums appeared on ballots across the state, surpassing the previous single-year record, set in 2022, by 59. As recently as 2003, the state paid 2/3 the cost of each student’s education. Now, local districts are shouldering about half the costs themselves.
“It’s the Legislature’s responsibility to properly fund public schools, but because they refuse to do so, it’s unfairly falling on the backs of local taxpayers,” said James Lyerly, President of the Board of Education for the Green Bay Area Public School District. “I’m grateful that the Green Bay community passed a capital and operational referendum in 2017 and capital referendums in 2022 and 2024, but we can’t keep doing this, and neither can other communities – it’s simply unsustainable. It’s past time for the Legislature to relieve school districts – and taxpayers – of this financial burden and start contributing what they are constitutionally obligated to pay for public education.”
“As a public school teacher, I’ve watched my students and colleagues give all they have while the state has walked away from its basic duty to fund our public schools,” said Peggy Wirtz-Olsen, President of the Wisconsin Education Association Council (WEAC). “Programs to feed children, provide mental health services, and innovate in education are being cut every year, and that hurts our communities. WEAC is drawing a line in the sand with this lawsuit during Public Schools Week to demand a fix to this broken school funding system, so every child has a real shot at success. Our students, our neighborhoods, and our future are too important to shortchange.”
The case was filed in Eau Claire County Circuit Court. After filing, the court will assign a judge, and the defendants will have 45 days to answer.
The plaintiffs bringing the case include the following school districts, education associations, and individuals.
School Districts:
Adams-Friendship Area School District
School District of Beloit
Eau Claire Area School District
Green Bay Area Public School District
Necedah Area School District
Education Unions:
Beloit Education Association (BEA)
Eau Claire Association of Educators (ECAE)
Green Bay Education Association (GBEA)
Necedah Area Teachers Association
Education Advocacy Associations:
Wisconsin Public Education Network (WPEN)
Wisconsin PTA
Individuals:
Avi Miller - Student, Eau Claire Area School District
Chris Hambuch-Boyle - Community member, Eau Claire Area School District
Julie Stridde - Parent, Necedah Area School District
Dr. Leah Hover-Preiss - Teacher & parent, Adams-Friendship Area School District
Joshua Miller - Parent, Eau Claire Area School District
Merrik Moore - Student, Adams-Friendship Area School District
McKenna Rounds - Student, Beloit School District
Shane McDonough - Teacher & parent, Green Bay Area Public School District
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Law Forward is a nonprofit, nonpartisan organization that does impact litigation to protect and advance democracy.
Claims
COUNT ONE
The Legislature’s current public school finance system and the insufficiency of state funding contributed to the system denying students an equal opportunity to obtain a sound basic education, as guaranteed by the Wisconsin Constitution article X, section 3.
COUNT TWO
The Legislature’s public school finance system does not provide a character of instruction for all Wisconsin students that is as nearly uniform as practicable, as guaranteed by the Wisconsin Constitution article X, section 3.
COUNT THREE
The constitutional rights of students with high needs cannot be met unless the Legislature changes the public school finance system and provides greater state funding for high needs students.
COUNT FOUR
The Legislature’s deficient special education reimbursement rate for Wisconsin public schools precludes them from providing all students an equal opportunity for a sound basic education, as guaranteed by the Wisconsin Constitution article X, section 3.
COUNT FIVE
The Legislature’s school finance system deprives students with high needs an equal opportunity for a sound basic education that meets their needs, in violation of the Wisconsin Constitution’s equal protection guarantee.
COUNT SIX
The Legislature’s school finance system violates the guarantee that the State will maintain a free government with recurrence to first principles, as set forth in the Wisconsin Constitution article I, section 22.