The state Assembly passed a bill to eliminate the school revenue limit increases that are the result of Gov. Tony Evers’ 400-year veto. Evers signing the 2023 state budget which included the 400-year veto. (Photo by Baylor Spears/Wisconsin Examiner)

During its final planned floor session this week, the Wisconsin State Assembly passed a constitutional amendment proposal that would limit the executive partial veto power and a bill to eliminate the school revenue limit increases that are the result of Gov. Tony Evers’ 400-year veto. 

Assembly Minority Leader Greta Neubauer (D-Racine) said it was the “wrong decision” for lawmakers to finish their work in February and “take quite a long vacation.” 

“There is a lot left on the table for us to address but we all know that an arbitrary deadline has been set for us to go home,” Neubauer said. “Thankfully, it does seem like the tide is turning in this body and one day things will be different and operate under a different framework that is focused on people rather than politics and power.” 

Neubauer mentioned the passage of the postpartum Medicaid extension bill and the breast cancer screening bills that are now on their way to Gov. Tony Evers. 

The session wrap-up will free Assembly lawmakers up to campaign for reelection, and the body could look much different next session as some longtime lawmakers, including Assembly Speaker Robin Vos (R-Rochester), are retiring. Under newly competitive maps, the balance of power in both the Assembly and Senate is up for grabs.

“We have a lot left to accomplish this session. There is still time for us to act on funding our public schools, protecting our rights and freedoms, lowering costs and helping Wisconsinites make ends meet,” Neubauer said. “This is the moment to act boldly and do the right thing for the people of Wisconsin.” 

Vos told WISN-12 on Friday that leaders and Gov. Tony Evers had not yet reached a deal on how to use the state’s projected $2.5 budget surplus. The leaders have been negotiating on ways to ease property taxes and provide funding to schools.

“We’re going to figure a way to get it done,” Vos said, adding that he wants the money to “go back to the people” while Evers wants additional investments. “The middle ground is a little of each.”

“We’ll probably have to come back in a special session or extraordinary session, something like that,” he said. 

Lawmakers passed proposals that were introduced in reaction to the veto as well as bills to ban phones in school, regulate app and social media companies and to provide state money towards “Trump accounts.” 

Fight over partial veto

The Assembly passed two proposals that took aim at the partial veto Evers used when he signed the 2023 state budget that extended an annual $325 per-pupil school revenue limit increase for 400 years. Evers, who recently defended the veto in his State of the State address, said he wanted to provide school districts with a consistent way to raise revenue in the absence of reliable state funding increases. 

The Assembly also approved in a 54-41 vote along party lines a third constitutional amendment to go before voters later this year. 

The amendments will go before Wisconsin voters in November. Two others, including one to eliminate diversity, equity and inclusion (DEI) programs from state and local governments and one to prohibit the state from ordering the closure of places of worship during a state of emergency, passed the state Legislature earlier this year. 

Constitutional amendment proposals have to pass the state Legislature in two consecutive legislative sessions before they go to voters. If approved, SJR 116 would prohibit partial vetoes from raising or creating any taxes or fees. 

Rep. Amanda Nedweski (R-Pleasant Prairie) introduced the amendment proposal  after Evers’ veto. 

“You never know for sure who’s going to be the next governor,” Nedweski said on the Assembly floor Thursday. “Choose wisely on this.” 

The Assembly also concurred in a bill that would outright eliminate the annual $325 per pupil revenue limit increases that are the result of the partial veto. The vote on SB 389 was 54-40 and it sends the bill to Evers, who is likely to veto it. 

Despite its likely rejection, Republican lawmakers still made the case for why Evers should sign the bill into law.

Rep. Karen Hurd (R-Withee) read a letter from superintendents on the professional advisory committee for the Cooperative Educational Service Agency 10, which serves parts of northwestern Wisconsin, urging Evers to reverse his veto. They argued in part that  $325 per pupil is not an increase that allows schools to keep pace with the rate of inflation, doesn’t fix chronic underfunding of special education funding and puts it all on property taxpayers.

The superintendents said that they thought the veto could impede reform of school funding in Wisconsin. 

The veto doesn’t stop lawmakers from being able to put more state funding into schools, but Republican lawmakers have refused to do so. During the state budget process, Republican lawmakers angered by the veto opted not to provide any increase in general school aid in the 2025-26 or 2026-27 fiscal years. School advocates said the decision would only further exacerbate the funding issues they face, especially since their decision on whether to use the additional $325 increase would rely only on property tax increases. 

“Every year we put together a budget, a budget that has to be sustainable. There may be a year that we could put more aid into schools than $325 per student. We have to look at that each year,” Hurd said. “We are people that are trying to fund the schools in every way that we can, but when it is set at $325 per year for the next 400 years, then that opportunity for us to work within the budget and increase it has been ripped away.”

Democrats said that before taking away authority from schools, lawmakers should consider improving the state’s system for funding schools. Rep. Christian Phelps (D-Eau Claire) said that the annual school revenue limit increase is the “only predictable source of revenue” for  Wisconsin public schools.

“We should not close public schools,” he said, alluding to Republican lawmakers who have proposed consolidating school districts as a way of helping with funding challenges. “We should fund them.”

Rep. Angelina Cruz (D-Racine) said the GOP bill does not answer the question of how to fund schools and provide relief to property taxpayers

“The answer is to reconnect school funding to inflation. The answer is to increase state aid so local property taxes are not the backstop. The answer is to modernize the formula to reflect demographic realities. The answer is to fulfill our constitutional obligation to fully fund public schools,” Cruz said. 

AB 460 would allow siblings of students in the state’s school voucher program to qualify for participation even if their family no longer meets the family income requirements. It passed on a voice vote. It now goes to the state Senate.

“I’m not going to do anything that further exacerbates the zeroing out of the state’s resources on public schools or expands privatization on the Wisconsin taxpayers dime, particularly Wisconsin property taxpayers dime,” Phelps said. “Unfortunately, this bill proposes removing income caps  on the students that Wisconsin property taxpayers would be funding to attend private schools.”

Cell phone ban, online regulations

AB 948 would require school districts to adopt policies that prohibit the use of cell phones for the entire school days, taking a step further than the recent law signed by Evers that bans phones during class. It passed via voice vote and will now go to the Senate.

Rep. Alex Joers (D-Waunakee) said he would support the bill but thought it was the “easy way out,” saying he wasn’t sure with advancing technologies in the future that to “blanketly ban things” would be an effective solution.

Rep. Alex Penterman (R-Hustisford), who has worked as a substitute teacher, said students in middle and high school can become a “social piranha” if they don’t have the latest smartphone. 

Rep. Lindee Brill (R-Sheboygan Falls) said the bill would encourage students to engage with each other and bring back “loud lunches” where “kids aren’t on the phones but instead negotiations are happening between peanut butter and jelly and grilled cheese and not Snapchat. We need to go back to kids making their after school plans while they’re eating their lunches instead of bullying each other online.”

Goeben said her bills would support the “God-given constitutional right of parents to protect and guide their children, not tech platforms.” 

The Assembly also passed a set of bills meant to put regulations on apps and social media companies that are intended to give parents more oversight over their children’s activity.

Rep. Joy Goeben (R-Hobart) said the bills were aimed at protecting children in “digital world that was not built with their safety in mind.”

“We’re living in an age of online predatory behavior, instant access and algorithm driven exposure. Children are encountering explicit material at younger and younger ages and many parents feel that they are fighting a losing battle.” 

“We cannot pretend that warning labels will solve every problem but we can insist on honesty and accountability from those who profit from this content.” 

AB 961 passed 61-34. It would would require digital distributors of media to display prominent “explicit content” warning labels on material that “predominantly appeals to the prurient, shameful, or morbid interest of children,” “is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for children” and “lacks serious literary, artistic, political, scientific or educational value for children.” 

The bill calls for the warning label to be displayed on the front page of digital platforms, the label would need to appear for at least 10 seconds or until a user acknowledges the warning.

AB 962 passed 58-37. It would require app developers and app stores to verify the age of users and get parental consent before children are able to download or purchase apps or make in-store purchases. Accounts belonging to a minor would have to be affiliated with an account owned by a parent.

AB 963 passed 60-35. It would require social media platforms that bring in more than $1 billion in revenue per year to take several steps, including estimating the age of users and for minors,  setting their privacy to the most private settings, turning off addictive features and prohibiting profile-based, paid commercial advertising in their feeds. 

Trump accounts

The Assembly also approved bills to provide state funds to the “Trump accounts” program. 

The federal tax and spending bill signed into law by President Donald Trump last year included a measure to allow parents to create dedicated “Trump accounts” similar to IRA accounts, for their children. Parents of babies born between Jan. 1, 2025 through the end of 2028 and who are U.S. citizens with a valid Social Security number will be eligible to have $1,000 deposited in the account from the federal government. 

AB 996 would provide a state match for the accounts. AB 997 includes the $60 million in annual funding for the 2025-27 budget cycle for proposal. Both passed 62-35 with eight Democrats joining Republicans in favor.

“People are not saving at the right pace for retirement,” said the author of both bills, Rep. Elijah Behnke (R- Town of Chase). “The reason this is the best possible policy is because you’re investing in your kids’ future.” 

Joers said the money should be invested in other priorities that could help children and parents more and expressed concerns about the federal program not being up and running yet.

“I think that we need to do a lot better for our kids and our parents,” Joers said. “This bill takes money that we should be giving to our children and our parents right now and instead takes it and gives it to a federal program that has not even been set up yet. I know the president wandered around stage with Nicki Minaj, but this program has not started yet.” 

“Kids need this money now, not 18 years from now. They need it now in their schools they need this money. Let’s keep the promise that we made in our budget to fund special education reimbursement.”

“Immoral conduct” investigations

The Assembly also approved two additional bills that were introduced after an investigation by the CapTimes that found there were over 200 investigations into teacher licenses due to allegations of sexual misconduct or grooming from 2018 to 2023. 

The bills seek to provide new rules on how “immoral conduct” investigations are conducted.

AB 1003, which passed on a voice vote, would prohibit the Department of Public Instruction from ending an investigation into a license holder accused of immoral conduct without a determination on whether there should be a license revocation or termination. The prohibition wouldn’t apply if a licensee permanently surrenders the licenses and waives their rights to a future appeal. 

AB 1004, which passed 87-8, prohibits public and private schools from entering agreements that would suppress information on the immoral conduct of an employee, would affect the report of immoral conduct by an employer or employees or require an education employer to expunge information about allegations of findings or immoral conduct. 

Other bills on the issue that have passed the Assembly or Senate include one to create a “grooming” crime in Wisconsin, one to ensure school districts have policies on appropriate communications and one to require DPI to maintain an online licensing portal that is searchable by the public at no cost. 

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One City Schools founder and CEO Kaleem Caire, left, foreground, and state Rep. Shelia Stubbs (D-Madison), center, take part in a Jan. 28 hearing on a bill to boost funding for "demonstration" charter schools. (Photo by Baylor Spears/Wisconsin Examiner)

Wisconsin lawmakers are set to advance a bill that would create a “demonstration” charter school designation and boost state aid for that school by more than 50%.

During the Jan. 28 public hearing, Rep. Robert Wittke (R-Caledonia) and Sen. Rachael Cabral-Guevara (R-Appleton) said the bill would help create a mechanism in the state to try out innovative teaching methods and export them across the state.

“Right now, we are reinventing the wheel in isolation rather than sharing the blueprint for success,” Wittke said. “A teaching hospital receives higher funding to train research and innovate. Similarly, a demonstration school would be a K-12 education lab.” 

Independent charter schools are different from traditional charter schools. They are not authorized by a public school district and do not answer to a public school board, but instead are authorized by one of a number of designated authorizers, including the Universities of Wisconsin’s Office of Educational Opportunity (OEO).

AB 818 would allow the Office of Educational Opportunity to designate a school that meets a certain set of criteria as a “demonstration” charter school. For a school to receive the designation, it would need to participate in a longitudinal study; provide professional development opportunities; share the best practices from its educational model to other schools and maintain partnerships with community organizations. 

The school would receive an additional $6,863 per pupil — a 55% increase from its current funding. The bill is scheduled for a vote in the Assembly Colleges and Universities committee Tuesday.

Wittke said that any school authorized through the Office of Educational Opportunity could apply once the program is set up. 

“Once this bill would get signed into law, they would have to make an application to be designated as this. Any other charter school that is under the OEO presence could make an application to do the same. There could be others that want to be chartered under OEO for the purpose of doing this. We would love to see that,” Wittke said. “This is an idea that was brought in front of me, so we looked at this framework. It wasn’t to preclude anyone, but this is what I believe is a step in the right direction so that others can follow, and we can start moving the needle up so that our children will realize opportunities that are in front of us.”

The UW Office of Educational Opportunity currently authorizes nine schools, though there is one that is seeking to serve as a model for what the bill proposes.

One City Schools, a Madison area independent charter school, operates One City Elementary and One City Preparatory Academy. The two schools serve kindergarten through 8th grade, in Monona. It also operates One City Preschool, which serves ages 2 through 4-year-old kindergarten, on Madison’s south side.

Kaleem Caire, One City Schools’ founder and CEO, told lawmakers that the organization is trying to serve students who have not been served by traditional schools, as well as to act  as an incubator for innovation. But One City Schools is always in need of money to continue operating.

“If any of you have money that you don’t like, you can send it to One City Schools,” Caire quipped, adding, “Yes, we are always at risk of closing our doors” because of the needs of students. 

He said the student population of One City Schools is 94% students of color, about 70% students in poverty and 17% special needs.

“We are the least funded public school,” he said.

The school has struggled with sustainable growth in the past. In 2023, the school sent 51 ninth- and tenth-graders back to Madison Metropolitan School District after one semester due to teacher shortages, pausing its high school aspirations for several years.

At the time, Caire said the school would reopen its high school in 2025, but as of last year, those plans have been delayed until 2026-27 due to its eighth grade enrollment numbers, facility readiness and funding uncertainties.

Caire said the independent charter school currently serves about 400 students and its preschool serves about 80. Practices that he said set the schools apart from traditional schools include providing breakfast and lunch to students each day and its partnership with Project Read AI, an artificial intelligence program meant to help teach literacy.

The bill has support of one Democratic lawmaker: Rep. Shelia Stubbs (D-Madison), whose district includes the schools.

Stubbs urged lawmakers to support the bill, calling the school a “pioneer in providing innovative, high quality education and wrap-around support services to some of Dane County’s and Wisconsin’s most vulnerable scholars.” She said the bill will “ensure that an operator with an innovative learning model is able to continue improving the educational outcome of hundreds of scholars in our community every year.” 

Stubbs said the additional funding would come from the existing charter school payment appropriation.

“Why do we need to spend more if you’re really successful?” Rep. Dave Murphy (R-Hortonville) asked Caire, who said that the organization currently must raise about $5 million annually to meet the needs of its students.

According to written testimony provided by One City Schools, the organization’s long-term sustainability goal will rely on increased state funding, including by nearly doubling its student base and boosting state aid overall. 

“Their goal is to reach 900 students, which they consider a funding tipping point where they’ll receive more predictable public funding and substantially reduce their need for private support,” the testimony stated. It also identified a plan for achieving financial sustainability including securing multi-year funding, growing enrollment, achieving “economies of scale” and increasing state aid.

Rep. Jerry O’Connor (R-Fond Du Lac) said he didn’t think the funding in the bill would provide a “phenomenal advantage” to the schools, but would instead give them, as independent charter schools, “equal funding.” 

“These are poor lives and kids and people, so I don’t have a problem with the funding,” O’Connor said. “I like the fact that the rules are in place. There’s accountability. There are consequences.”

Democratic lawmakers expressed caution and concerns about the bill, saying they weren’t sure how it would help schools and students more broadly. 

“It feels like you all are doing some amazing things at One City and I appreciate that. I think most schools would like to have the holistic approach that you are aiming for, but money is always the issue,” Rep. Jodi Emerson (D-Eau Claire), a member of the committee, said during the hearing. 

Emerson noted that Democratic lawmakers have proposed legislation that would allow for free school meals at all public and voucher schools in the state. “That’s what I’d like to see our body advocating for more than picking winners and losers, and to be honest, sir, I feel like that’s what this bill is right now.”

Caire told lawmakers that there aren’t other schools that have volunteered to serve as a “demonstration” school for the state.

“That is why we’re coming here to you,” Caire said. “How many public schools in Wisconsin do you know of are germinating this level of opportunity for kids intentionally to scale across the country at an affordable price?… What we’re asking the state for is the average per-pupil revenue that the average public school system gets from the state of Wisconsin.”

The Wisconsin Education Association Council (WEAC), the state’s largest teachers union, opposes the bill, saying it would further drain resources from traditional public schools. 

“This bill hands a single, unaccountable charter operator a funding windfall that educators in every comer of this state can only dream of for their own students,” WEAC said in written testimony. 

The union said the bill comes as public schools continue to face difficulties, and as state funding has not kept pace with inflation.

In the most recent state budget cycle, Wisconsin’s traditional public schools did not receive any increase in its state per-pupil aid. The budget did provide additional funding for special education, but the available funds are not expected to meet the percentage promised by lawmakers and Gov. Tony Evers. School districts are instead turning to property tax increases to raise additional funds.

“Public school educators experience the consequences of state budget choices every day in crowded classrooms, growing student mental health needs, outdated materials, and painful cuts to electives that once kept kids engaged in school,” WEAC’s statement said. “AB 818 does nothing to address those real and urgent problems. Instead, it carves out a special lane for one favored type of charter operator and invites others to line up for the same bonus, further draining resources from the vast majority of students who attend public schools that are transparent, democratically governed, and open to all.” 

Democratic lawmakers on the Assembly Education Committee, including Reps. Francesca Hong (D-Madison), Christian Phelps (D-Eau Claire), Angelina Cruz (D-Racine) and Joe Sheehan (D-Sheboygan), submitted testimony opposing the bill. They said they had concerns the legislation would divert resources from public schools and continue a pattern of “linking education privatization to segregation.” 

“Policies that funnel public money toward select private and charter operators have repeatedly exacerbated segregation and disparities along lines of race, socioeconomic background, disability status, and more, leaving public schools with fewer resources to meet all students’ needs despite our constitutional obligation to help them do so,” the lawmakers stated. “AB 818 promises to continue that legacy.” 

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Wisconsin Republicans are pushing to eliminate diversity initiatives throughout the state with a constitutional amendment that will likely go to voters this fall and through a government efficiency effort that seeks to cut DEI training and programs. | Illustration by stellalevi/Getty Images Creative

Republican efforts to target diversity, equity and inclusion (DEI) programs throughout Wisconsin are advancing this week with a constitutional amendment likely to appear on ballots this fall following a Wednesday Senate vote. 

For the last several years, Republican lawmakers have sought to limit DEI in Wisconsin including by introducing bills that were vetoed by Gov. Tony Evers, holding hostage pay raises for the University of Wisconsin system employees during negotiations to limit DEI, and now, placing a constitutional amendment before voters. The efforts come as the Trump administration has also targeted DEI in the federal government and throughout the country.

“It’s just a larger attack that we’re seeing in this country against anything that uplifts our most marginalized communities…,” Chair of the Legislative Black Caucus Sen. Dora Drake (D-Milwaukee) told the Wisconsin Examiner in an interview. “This started even before, you know, President Trump was elected. There’s just been a pushback with these programs and it’s because we’re starting to see some progress.” 

The Wisconsin State Senate will vote this week on a constitutional amendment that would prohibit local governments from “discriminating against, or granting preferential treatment to” anyone based on race, sex, color, ethnicity, or national origin. The proposal was first introduced and passed by the Republican-led Legislature in 2024. It is one of three constitutional amendment proposals that voters may have the final say on in November.

Drake has been seeking to increase awareness of the anti-DEI constitutional amendment over the last week.

Constitutional amendment proposals must pass two consecutive sessions of the state Legislature before they are  placed on ballots. In recent years, Republicans have, with mixed results, relied on constitutional amendment proposals to bypass Democratic Gov. Tony Evers.

If AJR 102 passes on Wednesday, voters will see the following question on their ballots in November: “Shall section 27 of article I of the constitution be created to prohibit governmental entities in the state from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in public employment, public education, public contracting, or public administration?”

Authors of the amendment, including Rep. Dave Murphy (R-Hortonville), have said the proposal will restore “merit, fairness and equality to government practices from the state Capitol, all the way down to our school boards and everything in between.” It passed the Assembly last week. 

Drake counters that Republican lawmakers are misleading Wisconsinites. 

“Legislative Republicans had the opportunity to expand economic and educational opportunities for all Wisconsinites. They’re the ones that have power, and yet they chose not to,” Drake said. “They are now trying to pin the reason why people are struggling on Black and brown people, women and other minority Wisconsinites for their failures by misleading people with what this ballot measure would do.”

Drake brought together Black leaders in Milwaukee including Mayor Cavalier Johnson and Milwaukee County Executive David Crowley, who is running for governor, to speak against the constitutional amendment proposal. 

Johnson said at the press conference that the city complies with state and federal law. 

“As mayor of a majority-minority city, I know firsthand that when every resident has the tools and every resident has the resources at their disposal to succeed, the entire community is strong,” he said. 

Drake has spoken about the risk of losing programs including the state’s Supplier Diversity Program, which was established in the 1980s and certifies minority-owned, service-disabled veteran-owned and woman-owned businesses to provide better opportunities for them to do business with the state of Wisconsin. She also says she thinks the proposal could have farther reaching consequences. For example, she said, she thinks the Holocaust education bill that lawmakers passed and Evers signed last session could be disallowed. That effort was approved in the same year that the state enacted legislation to require education on Hmong and Asian American history in schools.

“The reality is in the constitutional amendment resolution they’re putting forth, it applies for any type of public dollars, so… if our public schools and school boards put money towards that, in a way, you’re giving preferential treatment to teaching that specific history,” Drake said. “It’s so much more than just the programs… that Milwaukee county and the city have.”

“They’re saying that this constitutional amendment would prevent discrimination, but then it’s preventing the government from taking actions when discrimination actually happens, so essentially, you’re outlawing accountability when discrimination does occur,” Drake said. 

The Senate will vote on the proposal just days after Martin Luther King Day. Republican lawmakers have cited the civil rights leader’s teachings as justification for the amendment. 

“The principle of a colorblind equality and merit-based decision-making is again articulated by one of their greatest civil rights leaders, Dr. Martin Luther King Jr,” Sen. Steve Nass (R-Whitewater), the other lead author of the proposed amendment, said at a hearing in the Senate Licensing, Regulatory Reform, State and Federal Affairs Committee on Jan. 7. “Using immutable characteristics like race, sex, color, ethnicity, national origin and the like to discriminate against or grant any individual or group is wrong, no matter who it targets or what the reason, it creates distrust and injust division and represents resentments that divide people instead of uniting them. Past discrimination, however wrong, cannot be corrected with more discrimination.” 

Nass said the amendment would ensure people are hired, promoted, selected and admitted to school in the “same way we choose people for our Olympic team.” 

Drake said the lawmakers who are citing MLK misunderstand his legacy. 

“The reality is that he was someone that was a pioneer in his time and he wasn’t liked because he actually challenged and named the systematic structures that cause disparities throughout this country,” Drake said. “He actively called out his fellow white faith leaders on why they were silent in the face of injustice. He never advocated for a so-called colorblind society. What he was advocating for was that people have access to opportunity.”

GOAT report identifies recommendations to eliminate DEI

The goals of the amendment — and the broader desire to eliminate DEI — were on display during an informational hearing in the Assembly Government Operations, Accountability and Transparency (GOAT) committee on a recent report compiled by Rep. Shae Sortwell.

The Republican from Two Rivers used his authority on the GOAT committee, which was created to be the state’s version of the federal Department of Government Efficiency (DOGE), in February 2025 to begin investigating DEI practices in local government. He submitted open records requests to Wisconsin’s 72 counties, the 50 largest municipalities throughout the state and all school districts.

The resulting report released on Jan. 9 was more than 80 pages long. Sortwell also listed thousands of pages of records from counties and municipalities on his website. 

During a Jan. 15 hearing on the report, Sortwell told the GOAT committee that he wanted it to be a “fact-finding” mission. The Wisconsin Counties Association helped guide counties in responding to the requests.

“This is what we found so that you can draw your own conclusions as to what you think,” Sortwell said.

Four counties Buffalo, Richland, Sawyer and Waupaca didn’t have relevant records to share. 

Pierce County did not provide any records to the committee and was identified as uncooperative, according to the report. Sortwell noted during the hearing that Pierce is small and it is possible that is the reason they didn’t reply. 

The following municipalities reported that they had no records: Ashwaubenon, Brookfield, Caledonia, Fond du Lac, Fox Crossing, Germantown, Howard, Marshfield, Menasha, Menominee Falls, Mequon, Mount Pleasant, New Berlin, Oak Creek, Oconomowoc, Pleasant Prairie, West Bend and Wisconsin Rapids. Janesville and Sheboygan failed to provide records to the committee. 

Sortwell discussed spending that some counties, including Rock, Milwaukee and Waukesha, did on DEI training and a “disproportionality” conference hosted by the Department of Public Instruction (DPI) in 2024.

He also highlighted the report’s finding that the Manitowoc mayor attended 24 DEI-related trainings between 2021 and 2023 for a cost of $4,000.

“I’m trying to understand what he didn’t get in the first 23… Is he so racist and homophobic or something that you couldn’t manage to figure out not to treat people badly because they’re different from him in the first 23?” Sortwell said. “Where’s the controls here?”

The report listed a number of recommendations for potential bills lawmakers could pass including one to remove DEI language from state grants, to “prohibit all levels of government from contracting with vendors within a discriminatory DEI lens,” to remove the term “health equity” from all state laws and administrative codes, to prohibit policies and practices relating to equity, prohibit the hiring of DEI staff and use of DEI terminology throughout government, the use of funds for DEI trainings and the requirement that employees participate in such trainings and to prohibit DPI from requiring that school districts “adhere to discriminatory and race-based policies and practices, including spending local tax dollars to fund such.”

Sortwell said he thought the constitutional amendment would take care of some of the recommendations, but that other measures could be needed.

Chair of the committee Rep. Amanda Nedweski (R-Pleasant Prairie) said at the hearing that she thought the report “presents a lot of high-level evidence, probably just scratching the surface really, for why we need this constitutional amendment.”

Sortwell said the recommendations included in the report were based on his judgment.

Democratic lawmakers on the committee, however, spoke to the value of DEI work and questioned the framing and findings of the report.

Rep. Angelina Cruz (D-Racine) told the Wisconsin Examiner that the report includes “gross mischaracterizations” of DEI and “reflects a deep misunderstanding of what DEI is,” and said she would frame the report as more of a “witch hunt” than an investigation.

Cruz said she thought the process of compiling the report was not transparent. She noted that Sortwell’s work on the report was not discussed with Democratic members of the committee before he started and that lawmakers did not have much time to review the thousands of pages before the hearing. 

“If you want to talk about waste, fraud and abuse of taxpayer money, it is to waste public servants’ time and our taxpayer resources on generating the data that produce these conclusions that are not grounded in good research methodology,” Cruz said. 

Rep. Mike Bare (D-Verona), the ranking member of the committee, told Nedweski during the hearing that he found her comment troubling.

“I don’t want to make a partisan game here, but I think there’s one side who sees these as not valuable and one side that does see them as valuable,” Bare said. 

The report noted that local health departments have prioritized “health equity” — noting that the Wisconsin Department of Health Services (DHS) includes in its rules that local health departments work to help create it. The report called “health equity” a “phantom DEI term.” 

Republicans and Democrats then engaged in a back and forth about the meaning of the term health equity.

“I don’t think we should be treating people differently because they check some box… that’s equality and I support that, and equity says I want a certain outcome, so I’m going to rig the system,” Sortwell said. 

“I don’t think you have to rig the system — and I don’t think a lot of the things that you’ve pointed out are about rigging the system — services for moms or children support services,” Bare said. “We’re trying to allow for an outcome to be possible… You’ve got 50,000 pages. You didn’t do any analysis to tell us why this is bad. There is a lot more that goes into [the question] should we have health equity or not beyond ideology.”

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Th Democratic bill would fund special education reimbursement on a sum sufficient model instead of a sum certain model. An empty high school classroom. (Dan Forer | Getty Images)

Democratic lawmakers are proposing a bill to ensure that school districts get reimbursed for their special education costs at the rates projected when the current state budget was signed. 

The 2025-27 state budget, passed by the state Legislature and signed by Gov. Tony Evers in July, provided funding that was estimated to bring the reimbursement rate to a historic 42% in the first year of the budget and 45% in the second year. However, recent estimates show the funding set aside will not be enough to meet that rate.

Wisconsin currently uses a “sum certain” funding model for its special education reimbursement rate, meaning payments to schools come from a fixed pot of money set aside in the budget. If schools spend more than estimated, there is no increase in reimbursement and the rate falls. 

The Department of Public Instruction notified school districts in November that the initial special education reimbursement payments this year will be about 35% of their costs. This will not be the final reimbursement rate.

The Democratic bill would change state education funding to a sum sufficient model, meaning the amount of money provided by the state would meet shifting costs to maintain a set reimbursement rate.

Rep. Angelina Cruz (D-Racine) said in a statement that the bill gives Republican lawmakers the opportunity to “prove” that they were serious about providing a special education reimbursement at the rate that they proposed in the budget.

“Imagine your employer choosing to pay you for less than half of the work you’ve done,” Cruz said. “That’s the position we’re putting our public schools in. This level of reimbursement is not what our schools want or need, and it’s not what our children with disabilities deserve. At the very least, we must keep our promise.”

Rep. Christian Phelps (D-Eau Claire) said school districts deserve a higher reimbursement rate, noting that many advocates including state Superintendent Jill Underly called for a 90% reimbursement rate in the state budget, and Democratic lawmakers, who are seeking to win control of the Legislature in 2026, would pursue making that a reality in the future. 

“When Democrats control the Legislature, we will fight for full, fair funding in the budget. But right now, this bill ends the broken promises,” Phelps said. “It prevents another year of shortfalls and tells kids, families and districts that they can count on the state to keep its word.”

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