WASBO
Statement

Lawsuit filed to "hold legislature responsible for adequately funding schools"

By WASBO Research Director Anne Chapman • February 24, 2026

Last night, a lawsuit was filed in Eau Claire County Circuit Court against the Wisconsin legislature on the basis that the school finance system that the legislature is charged with providing does not comply with the state constitution.

The goal of the lawsuit, as stated on the effort's website, is to "...have the court hold the legislature responsible for fulfilling its constitutional obligation to adequately fund Wisconsin public schools so that every Wisconsin student has an equal opportunity education."

The lawsuit is referred to as "Wisconsin PTA, et.al. V. Wisconsin Assembly." The plaintiffs include the Wisconsin PTA; five school districts (Adams Friendship, Beloit, Eau Claire, Green Bay, and Necedah); local education unions in four of those districts; parents, teachers, students, taxpayers, and other community members in those five communities; and WPEN. The plaintiffs are being represented by Law Forward and WEAC.

The defendants include the Wisconsin State Assembly, the Wisconsin State Senate, legislative leadership (including the Assembly Speaker, Senate President, and Senate Majority Leader), the Joint Finance Committee, and each member of the Joint Finance Committee. The lawsuit makes six claims about how Wisconsin's school finance system fails to meet constitutional requirements.

  • The first four claims are based on violations ofArticle X, Section 3 of the Wisconsin State Constitution, which guarantees every Wisconsin student an equal opportunity for a sound basic education in a tuition-free public school where the character of instruction is as uniform as practicable.
  • The fifth claim states that the school finance system fails to provide students with high needs (i.e., students with disabilities, English learners, and economically disadvantaged students) with a sound basic education, violating Wisconsin's equal protection guarantee, as appears in Article I, Section 1.
  • The sixth claim is based on Article I, Section 22, which guarantees a system of free government based on frequent recurrence to first principles. It states that an essential component of free government is free public schools supported with state funding, a commitment the people of Wisconsin have maintained since before statehood.

The defendants have 45 days to respond in court. You can read the full complaint here.

This litigation will unfold along a relatively long time horizon, but it is possible the court could make a ruling that could help inform the next state budget. Because the process and outcome of this litigation will be central to your work as district leaders and WASBO's research and advocacy efforts, we will be watching how this case develops and will provide more information over the next few weeks and months. Please let me know if you have any questions.