A group of school districts is suing the Wisconsin Legislature, arguing that the manner in which it funds K-12 education is unconstitutional.
A group of Wisconsin school districts and teachers’ unions filed a lawsuit in Eau Claire County Circuit Court Tuesday against the state Legislature and its Joint Finance Committee, arguing that the current public school funding system violates the Wisconsin Constitution by failing to provide students with a “sound basic education.”
The plaintiffs are represented by left-wing law firm Law Forward and include the Green Bay Area Public School District, along with districts in Beloit, Eau Claire, Necedah, and Adams-Friendship, local teachers’ unions, and individual parents.
The complaint alleges that state funding has not increased sufficiently to match rising operational costs since the 2008 recession. This has reduced the state’s share of K-12 education expenses, leading districts to depend more heavily on local property tax referendums and one-time federal aid. According to the suit, per-pupil revenue limits in recent years have fallen short of actual expenses and contribute to significant budget deficits.
The plaintiffs claim that eliminating cost-of-living adjustments in the 2009-11 budget has resulted in districts receiving approximately $3,380 less per pupil than they otherwise would have.
The suit also highlights challenges in supporting students with greater needs, including those with disabilities, English language learners, and from economically disadvantaged backgrounds. It points to low proficiency rates in reading and math, declining student outcomes, and underfunding of mandated special education services.
The plaintiffs also contend that state-supported private school voucher programs receive preferential treatment, diverting resources from public schools.
This action follows a period of ongoing funding debates in Wisconsin, including recent calls from superintendents to allocate part of the state’s surplus toward school aid and property tax relief. Property taxes for K-12 education rose significantly in late 2025 due to approved referendums amid limited state increases. The lawsuit seeks a court declaration that the funding system is unconstitutional and an order requiring the state to establish a compliant alternative, unless the Legislature and governor act to do so first.
The suit faces significant legal challenges, however, as courts have very narrowly interpreted Article X, Section 3 of the Wisconsin Constitution, which requires the Legislature to establish district schools that are “as nearly uniform as practicable,” and forms the basis of the lawsuit’s central claims. Longstanding precedent has emphasized legislative discretion in setting funding levels over partisan disagreements over what those levels should be.
