Green Bay Area Public School District building. (IMAGE: Courtesy of Fox 11 WLUK)
EAU CLAIRE, WI (WTAQ) — The Green Bay Area Public School District is one of five school districts across the state filing a lawsuit against the Wisconsin State Legislature.
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.”
Officials with Law Forward say that for decades Wisconsin public schools have been struggling because of underfunding from the state, leading to struggles to meet student needs, cutting essential programs, letting go of staff, and increasing class sizes.
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, leaders with Law Forward say the state statutory increase has been minimal and unpredictable.
In the midst of funding issues, several school districts across the state have turned to referendum to fund basic school functions.
“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.”
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.
Claims in the lawsuit are as follows:
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.
The plaintiffs bringing the case include the following school districts, education associations, and individuals.
School Districts:
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Adams-Friendship Area School District
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School District of Beloit
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Eau Claire Area School District
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Green Bay Area Public School District
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Necedah Area School District
Education Unions:
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Beloit Education Association (BEA)
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Eau Claire Association of Educators (ECAE)
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Green Bay Education Association (GBEA)
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Necedah Area Teachers Association
Education Advocacy Associations:
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Wisconsin Public Education Network (WPEN)
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Wisconsin PTA
Individuals:
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Avi Miller – Student, Eau Claire Area School District
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Chris Hambuch-Boyle – Community member, Eau Claire Area School District
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Julie Stridde – Parent, Necedah Area School District
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Dr. Leah Hover-Preiss – Teacher & parent, Adams-Friendship Area School District
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Joshua Miller – Parent, Eau Claire Area School District
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Merrik Moore – Student, Adams-Friendship Area School District
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McKenna Rounds – Student, Beloit School District
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Shane McDonough – Teacher & parent, Green Bay Area Public School District
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