Schools, Teacher Groups Sue Wisconsin Legislature Over K-12 Funding

Lawsuit alleges state is not properly funding public education as required by the state constitution.

Published on Feb. 25, 2026

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A group of Wisconsin school districts, parent-teacher groups, and educator associations have filed a lawsuit against the state legislature, arguing that it is not adequately funding K-12 public education as required by the state constitution. The lawsuit claims that the current school finance system is unconstitutional and asks the court to intervene.

Why it matters

This lawsuit could have major implications for education funding in Wisconsin, potentially forcing the legislature to significantly increase spending on public schools across the state. The outcome could impact the ongoing debate over school choice and charter schools, which some argue are siphoning resources away from traditional public schools.

The details

The lawsuit was filed by Law Forward and the Wisconsin Education Association Council on behalf of the Green Bay, Eau Claire, Beloit, Necedah and Adams-Friendship school districts, as well as various parent-teacher groups and educator associations. It alleges that the legislature's failure to provide adequate state funding for public schools violates the state constitution's guarantee of 'free government' and the principle of 'recurrence to first principles.' The lawsuit points to factors like rising local property taxes, increased numbers of students with special needs, and changes in state education spending over time.

  • The lawsuit was filed on February 25, 2026.

The players

Law Forward

A nonprofit law firm that filed the lawsuit against the Wisconsin legislature.

Wisconsin Education Association Council

A teachers' union that joined the lawsuit against the state.

Will Flanders

Research Director at the Wisconsin Institute for Law & Liberty, who argues the lawsuit is flawed because education spending has increased over the past decade.

Dan Lennington

Attorney at the Wisconsin Institute for Law & Liberty, who called the lawsuit the 'most fiscally consequential' in state history.

Jill Underly

Wisconsin Superintendent of Public Instruction, who stated that the current funding formula is not working and that education opportunity should not depend on a student's zip code.

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What they’re saying

“This may be the most fiscally consequential lawsuit in state history. It demands a new level of spending: infinity. And absolutely no evidence that infinite spending would make one kid smarter. The real targets of this lawsuit: 110,000 kids in the choice/charter system.”

— Dan Lennington, Attorney, Wisconsin Institute for Law & Liberty (Twitter)

“Public education is central to Wisconsin's identity and future. Our state's founders recognized its importance by enshrining in the Wisconsin Constitution a shared state and local responsibility to provide a system of education 'as nearly uniform as practicable.' Every child, regardless of zip code, deserves that promise to be kept.”

— Jill Underly, Wisconsin Superintendent of Public Instruction (Statement)

What’s next

The judge will decide whether to allow the lawsuit to proceed and potentially rule on the constitutionality of Wisconsin's K-12 education funding system.

The takeaway

This lawsuit highlights the ongoing debate over education funding and the role of public schools, charter schools, and school choice in Wisconsin. The outcome could have significant implications for how the state allocates resources to support K-12 education across all communities.