A bill restricting referendum proposals comes as school districts continue to rely on funding raised from property taxes through referendum requests, requiring voter approval. A rally calling attention to schools' reliance on referendums in the Capitol in 2025. Photo by Baylor Spears/Wisconsin Examiner.

Wisconsin Republicans want to restrict school districts’ ability to seek referendums if they haven’t turned in financial reports to the Department of Public Instruction on time. 

At a public hearing Thursday, the Assembly Education Committee Thursday heard testimony on a bill drafted in reaction to the historic referendum that voters approved for the Milwaukee Public Schools last year, and that was followed by the revelation that the district was months late in submitting financial documents to the state.

The school district’s tardiness has led to upheaval throughout the district, including the decision to replace the MPS superintendent and additional audits ordered by Gov. Tony Evers.

The education committee also took testimony on a bill that would allow education students to complete their student teacher requirements during the summer and a bill to change curriculum requirements for human development classes if districts offer them. 

Rich Judge,  assistant state superintendent in the Division of Government & Public Affairs for the Wisconsin Department of Public Instruction (DPI), registered against each bill, but did not provide testimony. The agency has not yet responded to a request for comment from the Wisconsin Examiner about its opposition to the bills.

AB 457, coauthored by Rep. Amanda Nedweski (R-Pleasant Prairie) and Sen. Rob Hutton (R-Brookfield), would require DPI to certify schools are in compliance with all applicable requirements to submit financial information to DPI. 

If a district is not in compliance, the school board would be prohibited from adopting a resolution to hold  a referendum. A resolution adopted or a referendum passed without the certification would be void.

“If a district cannot even meet its minimal statutory reporting duties, how can voters trust them to be responsible?” Nedweski asked rhetorically during her testimony. “This bill places no additional cost or burdens on school districts. It simply reinforces accountability and transparency… Trust is the foundation of strong schools and strong communities, and AB 457 helps ensure that that trust is never taken for granted.” 

MPS sought a $252 million recurring operating referendum in April 2024 to assist with staff pay and educational programming costs. The measure passed narrowly, and by the end of May 2024, DPI announced that the district was months late in submitting required financial reports. 

The DPI was still withholding about $42 million from the district as of June of this year due to its late financial reports. 

Nedweski said she didn’t know how many other districts might be late in their financial reporting to DPI. School districts need to be in compliance before they seek a referendum so that voters have adequate information, she said 

“If you’re going to pass a $252 million dollar recurring referendum, I think you should be able to make an informed decision,” Nedweski said.

The legislation comes as school districts continue to rely on funding raised from property taxes through referendum requests, requiring voter approval.

Democratic lawmakers on the committee expressed concern about the potential barrier the legislation could pose.

Rep. Angelina Cruz (D-Racine) noted that there have been a record number of referendum requests t in recent years and that the state Legislature opted not to provide any additional general aid in the 2025-27 state budget. School district leaders have said the lack of state aid will put them in tough positions when it comes to funding, even with the additional aid that the state is providing for special education costs. 

“With the state Legislature putting zero dollars in state [general] aid forward in this last budget to local school districts, we’re going to see that pattern of referendum continuing,” Cruz said. “I’m just concerned that we are creating another barrier in terms of our local public school districts having access to choosing to… fill the gaps that the state is intentionally creating.”

Even with the recent referendum, MPS is still looking at a $100 million budget shortfall and newly hired Superintendent Brenda Cassellius is looking for ways to tighten its budget.

This is not the only bill lawmakers have introduced that would place additional barriers and limitations on school districts seeking referendums. A bill introduced in March would eliminate the ability for school districts to seek recurring referendums, which are ongoing into the future, in part due to Milwaukee’s referendum. 

“Are you saying that people shouldn’t have access to the financial data for school districts before they make a decision to raise their own taxes?” Nedweski replied. 

“Absolutely not,” Cruz said. “I’m seeking clarity in terms of are we trying to create an additional barrier for public school districts, local communities to fund their schools? [The financial reports are] already a requirement by law.” 

Changing human development requirements 

The committee also took testimony on AB 405, also authored by Nedweski, which would change requirements for school districts that offer human development education.

Wisconsin doesn’t require public schools to teach human growth and development, or sex education. If they opt to do so, the state makes recommendations for the curriculum and state law imposes some requirements. Those include presenting abstinence from sex as the preferred choice of behavior for unmarried students, providing instruction in parental responsibility and the socioeconomic benefits of marriage for adults and their children, and explaining pregnancy, prenatal development and childbirth. 

Nedweski’s bill would add to those requirements. If it is enacted, students would have to be shown a “high-definition ultrasound video that shows the development of the brain, heart, sex organs, and other vital organs in early fetal development” and a “high-quality, computer-generated rendering or animation that shows the process of fertilization and every stage of fetal development inside the uterus and that notes significant markers in cell growth and organ development for every week of pregnancy until birth.”

Nedweski said that allowing students to “actually see the real life process of fetal development in action will be more tangible to them than simply reading in a textbook or seeing it in the still diagram or drawing.” 

“We have the resources at our disposal to bring this science into the classrooms, and we should use it to our advantage to give students a stronger educational experience,” she added. 

Nedweski’s bill would also require schools to include a presentation on each trimester of pregnancy and the physical and emotional health of the mother if they opt into teaching on recommended topics. She said this would help address mental health concerns.

“This bill simply builds off of those existing requirements to incorporate more scientific resources, such as the ultrasound video as well as lessons pertaining to the mental and physical health of the mother,” Nedweski said. “This bill is not a mandate because school districts are not required by law to offer human growth and development instruction. It merely makes modern enhancements to the topics required of districts that choose to teach it.” 

Nedweski was the sole person to testify on the bill. 

Rep. Francesca Hong (D-Madison) asked Nedweski whether she consulted public health officials, noting that the Wisconsin Public Health Association and Wisconsin Association of Local Health Departments and Boards are registered against it, according to the Wisconsin Ethics Commission lobbying website.

Nedweski said she didn’t speak to any public health officials or either statewide group in the process of authoring the bill, but spoke to a member of one of the local health departments in her district. 

Cruz asked about how much the curriculum would potentially cost. 

“There are all kinds of free materials available to any school district that would be wanting to utilize the video portion or the high resolution animation,” Nedweski said. She added that the curriculum decisions would ultimately be made at the local level.

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