A coalition of Wisconsin school districts, teachers’ unions and education advocates filed a lawsuit against the state Legislature seeking more money for public schools and asking a court to take control of the state’s school finance system. The case was filed Monday in Eau Claire County Circuit Court, after plaintiffs announced the litigation Tuesday, arguing that Wisconsin is failing to fund public schools adequately—particularly for high-needs students, who they say face the greatest risk.
The lawsuit asks the court to adopt a new finance system unless lawmakers and Gov. Tony Evers act first “in a timely fashion.” It also argues that the state is violating the Wisconsin Constitution’s requirement that all children be provided with an equal opportunity for a sound, basic and uniform education. The plaintiffs further contend that constitutional rights of students with high needs are not being met and cannot be met without changes to the public school finance system and increased funding for those students.
Plaintiffs said the challenge has shifted from the Statehouse to the courthouse. Wisconsin has brought school funding cases before, and the dispute over how to reshape Wisconsin’s complex school finance system has historically taken place at the legislative level. The lawsuit now, attorneys say, will move to the Wisconsin Supreme Court, which has previously ruled on the state’s school funding formula.
The last time Wisconsin’s school funding formula was challenged, in 2000, the Wisconsin Supreme Court upheld the system as constitutional. Attorneys in this case argue that conditions have changed since then enough to justify a new constitutional challenge. The filing comes as Evers, a former state schools superintendent, and the Republican-controlled Legislature have been negotiating whether to tap the state’s $2.5 billion surplus for tax cuts and potentially for additional school funding.
The lawsuit’s allegations describe how state support has changed over time. It says that as recently as 2003, the state paid two-thirds of the cost of each student’s education, but that districts now pay about half of those costs. Plaintiffs also point to property-tax strain on districts that cannot raise enough locally under spending limits to meet expenses, saying more districts have increasingly asked voters to approve property tax increases to fund local schools.
The case also arrives against a backdrop of local referendums to cover school needs. In 2024, the Wisconsin Policy Forum reported that 241 referendums were put before voters for approval to fund schools, with 169 approved. Plaintiffs say anger over property tax bills mailed in December has motivated lawmakers and Evers to try to enact a property tax cut this year, though they have not reached a deal.
In interviews tied to the filing, plaintiffs described classroom impacts they say are linked to funding levels and service gaps. Leah Hover-Preiss, a teacher in the Adams-Friendship School District and a plaintiff, said she has seen the impact of inadequate funding through increased class sizes, reduced support for teachers, fewer opportunities for students and a lack of mental health services, adding: “In order to best support students and families, our schools need strong and stable funding from the state,” she said.
Jeff Mandell, president and general counsel at Law Forward, which brought the lawsuit in partnership with the statewide teachers’ union, said underfunding harms both students and communities. “When schools are underfunded, students lose opportunities and communities suffer,” Mandell said. “Supporting public education isn’t just good policy – it’s a legal and moral obligation.”
The Wisconsin PTA is taking the lead on the lawsuit, and the complaint names 18 other individuals and entities, including multiple school districts and teachers in Beloit, Green Bay, Eau Claire, Adams-Friendship and Necedah. It also includes teachers unions in Beloit, Eau Claire, Necedah and Green Bay, along with eight teachers, parents, students and community members, according to the filing. The Legislature and its budget-writing committee are named as defendants, and Republican legislative leaders did not immediately return messages seeking comment.