Wisconsin Schools and Teachers File Lawsuit Against GOP-Led Legislature Over Funding

Lawsuit alleges state is violating constitutional requirement to provide equal educational opportunities

Published on Feb. 24, 2026

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A coalition of Wisconsin school districts, teachers' unions, advocacy groups, parents, and students have filed a lawsuit against the state Legislature, alleging that it is failing to adequately fund public schools. The lawsuit argues that schools are in crisis, with high-needs students facing the greatest risk, and asks the court to adopt a new finance system that meets the needs of districts unless the Legislature and governor enact one first.

Why it matters

School funding lawsuits have been brought for decades in states across the country, with varying degrees of success. This challenge will likely end up before the liberal-controlled Wisconsin Supreme Court, where a ruling could have significant implications for the state's education system and funding model.

The details

The lawsuit, filed in Eau Claire County Circuit Court, alleges 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. It also argues that the constitutional rights of students with high needs are not being met and cannot be met unless the Legislature changes the public school finance system and increases funding. The lawsuit further contends that the current special education reimbursement rate is unconstitutionally deficient.

  • The lawsuit was filed on Monday, February 24, 2026.
  • The last time the state's school funding formula was challenged was in 2000, when the Wisconsin Supreme Court upheld the system as constitutional.

The players

Wisconsin School Districts, Teachers' Unions, Advocacy Groups, Parents, and Students

A coalition of entities and individuals that have filed the lawsuit against the state Legislature, alleging inadequate funding of public schools.

Wisconsin Legislature

The budget-writing committee and legislative leaders named as defendants in the lawsuit.

Tony Evers

The Democratic governor of Wisconsin, who has been negotiating with the Republican-controlled Legislature to tap the state's $2.5 billion surplus to cut taxes and potentially increase funding for schools.

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What they’re saying

“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.”

— Jeff Mandell, President and General Counsel at Law Forward

“In order to best support students and families, our schools need strong and stable funding from the state.”

— Leah Hover-Preiss, Teacher in the Adams-Friendship School District and a plaintiff in the lawsuit

What’s next

The lawsuit will almost certainly end up before the liberal-controlled Wisconsin Supreme Court, where a ruling could have significant implications for the state's education system and funding model.

The takeaway

This lawsuit highlights the ongoing battle over school funding in Wisconsin, with advocates arguing that the state is failing to meet its constitutional obligation to provide equal educational opportunities for all students, particularly those with high needs. The outcome of this case could reshape the state's approach to education financing for years to come.