(The Center Square) – There is a new fear among education reformers in Wisconsin following the lawsuit to change how the state pays for public schools.
Cory Brewer, one of the attorneys at the Wisconsin Institute for Law and Liberty, said the case filed Tuesday by Law Forward and Wisconsin’s largest teachers’ union is a clear attack on school choice.
“We think that the real targets of this lawsuit are the tens-of-thousands of kids who are participating in the private school choice, or charter school system [in the state,]” Brewer said during an interview on News Talk 1130 WISN.
Brewer said the merits of the lawsuit are thin and without evidence.
“The plaintiffs are just ignoring basic facts about education in Wisconsin,” Brewer added. “Wisconsin is spending more on public schools than we were a decade ago. Back in 2014, the state was spending about $7,600 per-student. And today it’s just over $8,300 per-student. And that’s just the state. Overall spending is even higher.”
The statewide per-pupil average actually comes in at more than $18,000 per-student. And some schools, like Milwaukee Public Schools, are spending closer to $25,000 per student.
Brewer said the intent of the case is clear.
“What it’s seeking to do, honestly, is turn the [Wisconsin Supreme Court] into having a legislative function,” Brewer explained.
WILL has defended school choice in Wisconsin for years, and Brewer said they are ready to defend school choice again.
Wisconsin’s school choice program has already survived several legal challenges, including one as recently as 2023. But Brewer is worried this approach, the lawsuit claims lawmakers give choice schools “preferred treatment,” may be different.
She said she’s also not sure the United States Supreme Court will be able to rescue school choice in Wisconsin.
“There are several recent United States Supreme Court decisions defending school choice, yes. And they are very strong decisions,” Brewer added. “However, they have more to do with funding private religious schools, and the First Amendment in that regard, or the right of parents to select schools, in that regard. Here we have a challenge to the funding mechanism.”
Brewer did say she expects this to be a “lengthy” case and said there is a chance that Wisconsin lawmakers could rework the school funding formula and end the case before it ever gets to the state’s high court.
