A group of Wisconsin parents, students, teachers, school districts and education advocates are suing the Legislature over the current school funding formula, arguing that the system does not meet the state’s obligation to provide educational opportunities to all students as required by the state Constitution. 

The suit was filed Monday evening in Eau Claire County Circuit Court by Madison-based nonprofit Law Forward and the Wisconsin Education Association Council, the state’s largest teachers union.

The plaintiffs in the suit are led by the Wisconsin Parent Teacher Association and include five school districts, including Adams-Friendship Area School District, School District of Beloit, Eau Claire Area School District, Green Bay Area Public School District, Necedah Area School District, the teachers union of each respective district, eight Wisconsinites including teachers, parents, students and community members, as well as the Wisconsin Public Education Network. 

The lawsuit names the state Legislature, Assembly Speaker Robin Vos (R-Rochester), Senate Majority Leader Devin LeMahieu (R-Oostburg), and the Joint Finance Committee and its Republican and Democratic members. 

Jeff Mandell, co-founder of Law Forward, told reporters during a press call Tuesday that schools have been doing their best to fully prepare students to be productive and active members of society but that the current funding system is making it almost impossible. 

“These folks are not magicians. They are not Rumpelstiltskin. They cannot turn straw into gold, and we do not have what we need for our schools to thrive,” Mandell said. 

Mandell noted that the Wisconsin Supreme Court has previously considered the way schools are funded in the 2000 case Vincent v. Voight. 

The Supreme Court found in the Vincent v. Voight case, which was initiated by a group of Wisconsin students, parents, teachers, school districts, school board members, citizens and the WEAC president, that the state’s funding formula was constitutional. 

The majority opinion indicated that the Legislature had articulated that an equal opportunity for a sound basic education is “the opportunity for students to be proficient in mathematics, science, reading and writing, geography and history, and for them to receive instruction in the arts and music, vocational training, social sciences, health, physical education and foreign language, in accordance with their age and aptitude.” The opinion also concluded that as long as “the Legislature is providing sufficient resources so that school districts offer students the equal opportunity for a sound basic education as required by the constitution, the state school finance system will pass constitutional muster.”

Mandell said that in the 25 years since the ruling “things have gotten considerably worse, and we are at a point where, for many districts … they are on the verge of crisis.” 

The lawsuit lays out the difference between how Wisconsin schools were funded in the  1999-2000 school year versus the 2023-2024 school year. School funding 25 years ago was comprised of 53.7% state funds, 41.6% local funds and 4.7% federal funding; in 2023-24, the mix had changed to about 45% state, 43% local and 12% federal funding.

“The fault for this crisis lies not at the feet of students, parents, families, teachers, staff, administrators, school districts, or elected board members,” the lawsuit states. “The shortcomings of our public schools are directly traceable to the Legislature’s consistent failures to ensure adequate state funding of public schools and to legislate a rational school finance system that meets constitutional mandates.”

The lawsuit states that school districts across the state are “facing financial crisis” because of expiring federal funding and stagnating state dollars. 

The suit also details the state’s history of funding schools and the increasing reliance on property taxes through school referendums to try to keep up with costs. It also details the ways that the state’s school choice program, which was launched in the 1990s and has grown exponentially over the years, has reduced funding for public schools. 

Law Forward was at the helm of the 2024 lawsuit that ended with the Wisconsin Supreme Court declaring the state’s legislative maps an unconstitutional gerrymander and is in the process of challenging the state’s Congressional maps. 

Mandell said the plaintiffs in the suit include a geographically diverse group to highlight how this is a statewide problem. He said it is possible that other districts will reach out about joining the case and they will “figure that out as we go.”

Joshua Miller, an Eau Claire Area School District parent, told reporters that “the dire need for adequate funding has been made clear to the lawmakers, but they have refused to hear our pleas” 

“The situation is sad, absurd, and it’s infuriating,” he said. “Wisconsin’s current school finance system is broken and this lawsuit, which I am proud to join, would be a way for the courts to force legislators to make a new system that works and actually meets the needs of the students of Wisconsin.” 

Tanya Kotlowski, a plaintiff in the case and superintendent for the Necedah Area School District, said her district is going to referendum for a third time this spring to help fund its operations. In April, the school district plans to ask voters to approve a four-year operational referendum that would provide a total of $5.8 million in order to maintain the district’s current level of educational programming as well as operate and maintain the district. 

Kotolowski noted that she and other school leaders have spent a lot of time advocating on behalf of their schools to lawmakers for additional funding. During the recent state budget cycle, school funding was one of the top issues brought up by members of the public at listening sessions held by the budget committee.

“Despite all of those efforts, the funding system has not kept up with the needs of our children and the needs of our current realities,” she said. “Our local referendum, some would argue or could argue, has been 100% funding that mandated legal, constitutional obligation.”

According to the lawsuit, the Necedah Area School District has directed over $6.6 million — all of its operational referendum revenue — to its special education fund over the past eight years.

Kotlowski said her district has been underfunded by $13 million for special education costs over the last decade, and that if funding had kept pace with inflation, the district wouldn’t need to go to referendum this year.

Mandell said that referendum requests used to be fairly rare and used when a school district had large projects.

“What we’re seeing now is a system where school districts have no choice but to go to referendum regularly to try to fund basic operations to keep the lights on and to keep payroll flowing, and it’s really a tremendous problem,” Mandell said. 

Referendum requests that allow schools to exceed state-imposed revenue caps through approval from voters became a part of Wisconsin’s school funding equation in the 1990s. Lawmakers implemented school revenue limit caps as part of an effort to control local property taxes. 

The revenue limits used to be tied to inflation, but that was ended in the 2009-11 state budget, leaving increases up to the decisions of state lawmakers and the governor, who have not provided predictable increases budget to budget.

The recent state budget did not invest any additional state dollars into school general aid, in part because lawmakers were upset with Evers’ 400-year partial veto in the prior state budget. The partial veto extended a $325 per pupil school revenue limit increase from two years to four centuries, giving, schools the authority to bring in additional dollars from state funds or property tax hikes. Without the state providing additional funding, many schools have turned to raising property taxes using the school revenue authority to help support their operational costs. 

“I understand there’s a big political debate about that veto, and about that mechanism, we don’t have a position on this. What we’re saying is that the school funding mechanism is not sufficient and is unconstitutional, even with that,” Mandell said.

The state budget did provide additional funding for special education reimbursement, but recent estimates show that the amount of funding will not be enough to provide reimbursement at the promised rates of 42% and 45%. Increasing special ed funding is part of ongoing negotiations between legislative leaders and Evers. 

The lawsuit comes as the legislative session is coming to a close. 

The state Assembly adjourned for the session last week and the Senate will wrap up next month, but the only bills with a chance of becoming law are those that have already passed the Assembly. 

Even if a deal arises out of the current negotiations on property taxes and school funding, Mandell said the problem identified in the lawsuit will still exist. He noted that a proposal from Evers included $450 million towards school general aids — an amount that is $2 billion less than what schools would get if inflationary increases had continued in 2009. Mandell said Evers is not named in the suit because it is the Legislature that is chiefly responsible for appropriating funds. 

“This is not a problem that arose overnight. It has developed over decades, and it’s not a problem that will be solved overnight,” Mandell said. “Any deal that the Legislature and the governor might reach… is not going to solve the problem.”

Mandell said that the plaintiffs in the lawsuit  are not looking for the court to decide on a specific amount of money that the state should provide to schools, but instead want the court to “fully explain and delve into how the finance system works, what the needs are, and to make some of those decisions.”

The lawsuit asks the court for a judgement that declares the Legislature hasn’t fulfilled and cannot “shirk” its constitutional obligation to fund schools at a sufficiently high level to “ensure that every Wisconsin student has an equal opportunity to obtain a sound basic education that equips them for their roles as citizens and enables them to succeed economically and personally in a tuition free public school where the character of instruction is as uniform as practicable.” It calls for the current funding system to be ruled invalid. 

The lawsuit calls for relief that will “establish a schedule that will enable the Court — in the absence of a superseding state law, adopted by the Legislature and signed by the governor in a timely fashion — to adopt and implement a new school finance system that meets all relevant state constitutional guarantees.” 

Mandell said, however, that it likely won’t be up to the court to decide exactly how the state should fund schools. 

“There are almost an infinite number of options for how the Legislature could do this, but what we’re asking the court to do is to look at it and say to the Legislature, not good enough…. then we do expect that the Legislature and the governor will do their jobs,” Mandell said. 

Mandell said that ideally a ruling would give lawmakers the opportunity to make changes in the next budget cycle. The budget process will kick off again in January 2027, after the state’s fall elections which will determine the make-up of the Senate and Assembly as well as choosing a new governor. 

If the Legislature and the governor don’t fix the problem, Mandell said, the court should step in again.

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States are scrambling to meet rising demand for newly expanded school choice initiatives, pouring more money into the programs as waiting lists — and budget concerns — grow.

A further boost is expected next year, when the federal government rolls out a new policy allowing taxpayers to claim a tax credit for up to $1,700 in donations to nonprofits that award private school scholarships to K-12 students.

Supporters tout such programs as a lifeline for parents desperate to get their kids out of failing public schools, while opponents have long warned that they drain resources from public education as students move from public schools to private ones.

For years, voucher and scholarship programs providing taxpayer dollars for private school tuition were limited to low-income or special needs students. In 2022, however, Arizona became the first state to allow all students to use public money for private school tuition. By next school year, at least 17 states are expected to have universal programs — making roughly half of U.S. students eligible to receive money, according to FutureEd, a think tank at Georgetown University.

As both universal and limited programs spread across the country, many families are eager to participate.

In Alabama, more than 36,000 students last spring applied for 14,000 spots in the state’s new program, prompting Republican Gov. Kay Ivey to propose increasing its funding from $180 million to $250 million for the 2027-28 school year, when income limits will be eliminated.

In Oklahoma, Republican Gov. Kevin Stitt has proposed removing the budget cap on a scholarship program that turned away 5,600 students a couple of years ago because it ran out of money. And in Tennessee, Republican Gov. Bill Lee has proposed doubling the funding for a scholarship program that has a waitlist of about 34,000 students.

“Last year, we gave families school choice with the Education Freedom Scholarship program, because parents know best,” Lee said in his State of the State address last month. “Growing the program would open the doors of opportunity for thousands more children statewide.”

South Carolina Republican Gov. Henry McMaster and Missouri Republican Gov. Mike Kehoe also are seeking more money for school choice programs.

“So far what we’ve really seen is legislatures looking to expand the programs,” said Andrew Handel, director of education and workforce development at the American Legislative Exchange Council (ALEC), a membership group for conservative state lawmakers that has pushed for choice programs nationwide.

“The ESA [education savings account] is the gold standard. It’s the one that gives parents the most flexibility,” he said, referring to programs that allow parents to use the money for other education-related expenses in addition to tuition. “The best states are where the funding for those school choice programs is tied directly to their state education formula. That ensures that no matter how many families apply, you’re always going to have the money there.”

But in Arizona, the first state with a universal program, Democratic Gov. Katie Hobbs has become an outspoken critic.

Hobbs last month criticized the program, approved under her Republican predecessor, as an “entitlement program” that “continues to operate unchecked, squandering taxpayer dollars with no accountability.” She has proposed scaling back the program to its original scope, when it was limited to children with disabilities and military families.

The program serves more than 100,000 students — about 1 in 10 K-12 students — and cost the state about $872 million in fiscal 2025, according to the Grand Canyon Institute, a nonpartisan think tank. In addition to offering vouchers to pay private school tuition, it allows money to be spent on certain school supplies.

A recent audit by the Arizona Department of Education found that about 20% of Empowerment Scholarship Account dollars were used for unauthorized purchases, including iPhones, lingerie, jewelry and other luxury items, according to documents obtained earlier this month by the television station 12News in Arizona.

At least 45% of the kids receiving aid in Arizona were never enrolled in public schools, 12News recently reported. In some states, the percentage is even higher: In the 2023-24 school year, about two-thirds of the students participating in scholarship programs in Arkansas and Iowa were already attending private schools.

Those numbers have handed ammunition to critics who argue that universal programs are creating two parallel education systems, both funded by taxpayers.

“Every state that’s passed a voucher system has had to slow down its per-pupil funding for public schools,” said Joshua Cowen, a professor of education policy at Michigan State University. “Whether they take it directly out of school aid or fund it from another pot, it’s all the same budget.

“States can’t afford to run two systems.”

The waiting lists prove that many families would like to send their children to private schools, but it’s difficult to determine whether they get a better education there: Unlike public schools, private schools can turn away students, and in many states private school students don’t take the same standardized tests, so comparing academic performance is difficult.

Patrick Wolf, a professor at the University of Arkansas who studies school choice programs, noted that in his state, students with disabilities made up 48% of first-year participants. The percentage declined to 36% the second year, but that was still nearly three times the rate of disability in the general population.

Wolf argued that choice programs can help public schools by providing competition, forcing them to adapt.

“The traditional public schools can lose students who didn’t really want to be there, and that can be a pressure release valve,” he said. “What we’ve seen when private school choice programs launch is that public school test scores often go up slightly.

“The competitive effects are either neutral or positive,” he said. “They communicate more effectively with parents. They offer new programs targeted to the kinds of students they’re afraid might leave.”

Going big in Texas

Earlier this month, Texas launched what is likely to be the nation’s largest school choice program.

The new pre-K to 12th grade scholarship program is open to any U.S. citizen or immigrant in the country legally (public schools are open to everybody), but funding will be capped at $1 billion for the 2026-2027 school year. If state lawmakers choose to spend more in future years, the cost could rise to nearly $5 billion by 2030, according to a legislative fiscal note. The state’s current biennial budget is close to $340 billion.

Most participating students who want to attend a private school will be eligible for about $10,470 per year, while students with disabilities can receive up to $30,000. Families who want to homeschool their child can get $2,000.

This year, Texas will give priority to students with disabilities, families with lower incomes, and children enrolled in public and charter schools. Starting next year, the guidelines will be adjusted to favor the siblings of current students and new applicants.

Strongly backed by Republican Gov. Greg Abbott, the program drew more than 42,000 applications when it opened on Feb. 4, according to state officials. As of Feb. 18, the state had received a total of 111,000 applications. Texans can apply through March 17.

Travis Pillow, a senior official overseeing implementation, said the state partnered with Odyssey, a vendor that has administered similar programs in other states, to automate eligibility verification using state IDs and federal tax returns, since Texas does not have a state income tax.

Officials say more than three-quarters of applicants were verified the same day they applied, a benchmark they argue is critical to maintaining momentum and public confidence.

Pillow said Texas lawmakers are required to consider waitlist numbers in future appropriations decisions, and early demand could shape whether the program expands beyond its initial $1 billion allocation.

Federal tax credit

Meanwhile, a provision of the broad tax and spending measure President Donald Trump signed in July could create a significant new source of funding for families who want to send their kids to private school — but only in states that choose to participate.

The measure creates a new federal tax credit for people who contribute to nonprofits that award private school scholarships to K-12 students. Taxpayers in any state can get the tax credits, but only by donating to organizations in participating states.

Last month, federal officials announced that 23 states had opted in to the program; all of them, except for Virginia, are led by Republicans. However, the federal list did not include Colorado, where Democratic Gov. Jared Polis said in December that his state also would participate. North Carolina Democratic Gov. Josh Stein also has said he will opt in. The Democratic governors of New Mexico, Oregon and Wisconsin have said their states will not participate.

In Pennsylvania, where one of the nation’s largest state-level tax credit scholarship programs already operates, scholarship granting organizations say that the state needs to opt in to the federal program to meet the growing demand. Democratic Gov. Josh Shapiro has been a supporter of vouchers generally, but he has not said whether Pennsylvania will opt into the program.

Keisha Jordan, president and CEO of the Children’s Scholarship Fund Philadelphia, said that more than 200,000 Pennsylvania children live in neighborhoods where the local public schools are low performing.

Despite serving thousands of students, she said, “every year scholarship organizations like Children’s Scholarship Fund Philadelphia still have to turn students down because we don’t have enough funding to meet the demand.”

Jordan argues the new federal tax credit could help close that gap. “The demand is here,” she said. “Pennsylvania taxpayers will participate, but their money could go to another state. Why not keep it here?”

Stateline reporter Robbie Sequeira can be reached at rsequeira@stateline.org.

Gov. Tony Evers urged Wisconsin lawmakers to work through the rest of this year during his final State of the State address Tuesday evening — rejecting a Republican tax cut and school funding proposal and calling for lawmakers to invest in schools. 

Evers, who decided not to run for a third term in office, told lawmakers that the people of Wisconsin are expecting them to get more done this year. The Assembly plans on wrapping up its work for the session by the end of the week. The state Senate plans to work into March, but with the Assembly’s self-imposed deadline, this month is the last chance to pass bills that could get to Evers’ desk before the next legislative session.

“I know many lawmakers are antsy to end the legislative session and pack up to get back on the campaign trail — by the way, if anyone running wants advice from someone who’s won five statewide elections, let me know,” Evers said. “I know many of you are up for election, but here’s the deal: after years of delivering historic, bipartisan wins for our state, Wisconsinites have high expectations for the work we can do together over the next 10 months.” 

Wisconsin’s upcoming 2026 November elections will produce a new governor and could lead to new leadership in the state Assembly and Senate where the balance of power is at stake.

Republican lawmakers were not enthralled by Evers’ address, shaking their heads when they disagreed, making side comments to their fellow lawmakers and pulling their phones out during portions of the address. Democratic lawmakers stood to applaud throughout the address with some Republican lawmakers joining the applause at times while remaining seated. 

Evers touted a number of his accomplishments in the more than 800 bills he has signed throughout his last seven years in office. He noted that 97% of those bills were bipartisan. 

Some of the accomplishments he highlighted included $2 billion in tax cuts, securing $360 million to support child care in the state improving and repairing over 9,600 miles of roads and over 2,400 bridges across Wisconsin, bolstering support for public defenders and district attorneys and passing a law to ensure education about Hmong and Asian American history in school. 

Evers added that he is not done yet.

At the top of Evers’ to-do list for his final year in office is getting a deal to reduce property taxes and provide schools with additional funding.

Over the last couple of weeks, Evers has been negotiating with lawmakers on how to use the state’s projected $2.5 billion budget surplus.

“I’m hopeful we can continue building upon those efforts this session, including reaching bipartisan agreement on a plan to get meaningful resources to K-12 schools and provide property tax relief, and it must balance these important obligations a heck of a lot better than the plan Republican leaders sent me this week,” Evers said. 

The most recent proposal put together by Republican leaders and delivered to Evers on Sunday included funding for special education and the school levy tax credit to reduce property taxes for local communities. It did not include funding for general school aid.

In the recent state budget, Republican lawmakers did not provide additional state funding to general school aid in part because of their frustration with Evers’ 400-year veto, which extended an annual $325 per pupil school revenue limit increase well beyond the last budget cycle. Without state funding, schools in Wisconsin can only use the authority Evers gave them to increase property taxes. 

“I get Republicans want to blame my 400-year veto for property taxes going up. Why? Politics, of course. Republicans running under fair maps need someone else to blame for failing to fund our schools at the levels I’ve asked them to for about two decades of my life,” Evers said. “Here’s the truth: funding our schools is a responsibility that the state and local partners share. Local property taxes go up when the state fails to do its part to meet its obligation.” 

Evers also noted that his 400-year veto is not an automatic property tax increase, but rather schools opt into exercising the additional authority and if there was additional state aid, then districts would not raise property taxes.

“The Legislature has rejected over $7 billion for K-12 schools that I requested over the last four state budgets,” he said. “If lawmakers want to have an honest conversation about property taxes, start there.”

“We have a constitutional obligation to fund our schools in this state,” Evers said. “The Legislature must approve the level of funding necessary to meet the percentages our kids and our schools were promised in the last budget. We can’t afford for lawmakers to lose focus on the future we’ve been working hard to build together just because it’s an election year. I know the Legislature would rather hit the road and take the rest of the year off, but I’m going to ask lawmakers to stick around until our work here is finished.” 

GOP leader wants sit down negotiations

After Evers’ address, Assembly Speaker Robin Vos (R-Rochester) told reporters that Evers was taking credit for bipartisan work that was only possible because of the Republican-led Legislature. 

Ahead of the address, Vos made similar comments to reporters, saying that “every success that Gov. Evers has had on policy has only been because the Legislature worked with him on the vast majority of those things to get them done.” Evers’ two terms in office have been marked by an often contentious relationship with Republicans, who have held the majority in the state Senate and Assembly during his entire tenure. Still, lawmakers and Evers have been able to pass four state budgets and get various bipartisan bills signed into law.

Vos said lawmakers had received a reply from Evers to their property tax  proposal that evening. 

“It sounds like he is willing to draw bright lines in the sand. That is not something I’ve ever found to be productive. You need to be able to sit down and talk about things that are important to both the Legislature, the taxpayers and the governor,” Vos said. “It should not be a ‘my way or the highway’ type negotiation.”

Vos said he was disappointed that Evers hadn’t reached out to speak with lawmakers on Monday or Tuesday, but is optimistic that lawmakers can speak with Evers Wednesday.

“It seems to me we tried very hard to reach in the middle. Now, it’s the governor’s job after a pretty partisan speech to actually figure out how he’s going to get to the middle like we did,” Vos said. 

Vos claimed the GOP plan invests more money into public education than Evers proposed. The GOP plan includes $500 million for property tax relief through the school levy tax credit and $200 million for special education reimbursement. It does not include any money for general school aids.

Evers’ proposal included $200 million for special education funding, $450 million for general school aids to buy out the projected statewide school property tax levy and in exchange, he proposed that Republicans would get $550 million towards the school levy tax credit.

Asked to clarify, Vos said Republicans had not asked for the $550 million for the school levy tax credit.

“We didn’t ask for that. It’s like me saying, you want money for child care? Well, that’s not even part of the discussion,” Vos said.

Democratic lawmakers also called on the Legislature to keep working this year. 

Assembly Minority Leader Greta Neubauer (D-Racine) criticized Republican lawmakers at a press conference Tuesday morning for planning to “gavel out of session for the next 10 months” at the end of this week, saying they were giving “themselves a vacation while folks in our districts are left wondering how they are going to make ends meet.” She said Evers and Democrats were planning to continue working hard to deliver for the people of Wisconsin.

Other issues on Evers’ to-do list

Evers also laid out several other issues areas he wants addressed in his final year. 

Evers urged lawmakers to send him bills that would codify the Office of Violence Prevention into state law and provide $66 million for the Victims of Crime Act (VOCA) programs. 

“Do the right thing and get this done,” Evers said. 

He also announced that the state has plans to partner with the Milwaukee Bucks, the state’s professional basketball team, on a campaign to combat domestic violence. 

Evers also noted his previous attempts to advance gun control measures but didn’t urge Republican lawmakers to do anything this year. 

“There’s no issue Republicans have done less about than guns,” he said. “This much is clear: If Wisconsinites want to get something — anything — done about gun violence, we must elect legislators who will do a damn thing to change it.” 

Evers said that he is also hoping that lawmakers will work to pass a bill to close the Green Bay Correctional Institution. 

“It’s been over a year now, and Republicans have neither enacted my plan nor proposed a plan of their own,” Evers said. “I’m still hopeful we can work together to pass a bipartisan bill this year on comprehensive corrections reform to set an achievable goal for GBCI to close, convert Lincoln Hills, and revamp Waupun.”

On artificial intelligence and data centers, Evers said Wisconsin must “embrace a future where we don’t have to choose between mitigating climate change and protecting our environment or creating good-paying jobs and having a strong economy.”

Evers also urged lawmakers to pass a bipartisan bill to reauthorize the Knowles-Nelson Stewardship program that “both supports land acquisition and management of Wisconsin’s valuable natural resources and public lands,” as well as a bill combating PFAS so the $125 million that was approved over two years ago can be released to Wisconsinites. 

Federal government concerns

The outgoing governor also spoke to “what worries me about our future and keeps me up at night,” focusing on his concerns about actions by the Trump administration. 

Evers said he is worried about the “reckless decisions being made in Washington,” saying he thinks they “will have disastrous consequences for Wisconsinites, taxpayers and our state budget moving forward.” He said he is also worried about federal workers who have been laid off. 

According to WPR, 2,4000 federal workers in Wisconsin have lost their jobs under the Trump administration. 

“I’m also angry when I think about our neighbors — young kids and families across our state — who aren’t going to school or work or anywhere else, because they’re scared leaving their home may mean their family will be torn apart,” Evers said, referring to fears about aggressive federal immigration enforcement. “I worry about our kids who are being traumatized by violence on social media, in the news, on our streets and in our neighborhoods, and I worry about what all of this means for America’s Dairyland, which has depended on the hard work of immigrants for generations.”

“Wisconsinites are feeling the squeeze due to tariff taxes and erratic trade wars,” Evers continued. “Prices are going up on things like school supplies, groceries, clothes, gas and more.” 

Evers also said he is worried about the effects of the federal tax and spending bill signed by Trump last year. He noted that Wisconsin could face penalties if the state’s payment error rate for the SNAP program doesn’t remain below 6%. 

The Evers administration has estimated that a penalty could cost the state up to $205 million, and that $69 million and 56 additional administrative positions for DHS are needed to ensure that the state’s error rate remains below 6%.

“The sooner the Legislature invests in FoodShare quality control efforts, the more time the state has to keep FoodShare error rates down. It’s pretty simple,” Evers said. “We can save Wisconsin taxpayers potentially hundreds of millions of dollars in penalty fees a year we could have to pay the Trump administration if we don’t. I’m not negotiating with Republicans about a $70 million investment the state must make right now to save Wisconsin taxpayers as much as $200 million in penalty fees later. We’ve been asking for this for months, and it has to get done. If the Legislature fails to provide the funding the state needs, Republicans will be to blame for the penalty fees taxpayers will be forced to pay.”

Evers also announced that he plans to sign an executive order to have Wisconsin join the World Health Organization’s Global Response Network. 

Wants constitutional amendment on nonpartisan redistricting 

Evers said he plans to call a special session in the spring to pass a constitutional amendment banning partisan gerrymandering in Wisconsin. 

Wisconsin’s current legislative maps were adopted by the Republican-led Legislature and Evers after a state Supreme Court decision found that the previous maps were unconstitutional. The maps have made  Wisconsin’s legislative races newly competitive. However, lawmakers did not change the map drawing process. 

“Wisconsin is as purple as ever, but we’ve shown we can put politics aside and work together to get good things done… A big part of that is the fact that, today, lawmakers are elected under the fair maps I signed into law.  But here’s the problem, Wisconsin: New maps are redrawn every 10 years,” Evers said, adding that without a nonpartisan redistricting process there is “no guarantee Wisconsinites will still have fair maps after the next U.S. Census.” 

Evers noted that Republican states, under pressure from the Trump administration, have adopted election maps that seek to further favor Republicans. He said that “as a result, Democratic legislatures have been put in the unthinkable position of having to respond by trying to restore balance to our elections.” 

“Politics could get in the way of creating a nonpartisan redistricting commission that everyone can support, but there’s one thing that we should all be able to agree on, which is that politics should stay out of redistricting from start to finish,” Evers said. 

Constitutional amendments in Wisconsin must pass two consecutive sessions of the Legislature before going to voters for a final vote that decides whether a change is made. They do not require a signature from the governor. 

Vos said he is open to proposals for nonpartisan redistricting, but noted the failure of a previous GOP proposal to implement a nonpartisan redistricting commission.

“Frankly, all the Democrats across the country are rushing the gerrymander. I hope he’s sincere in saying he doesn’t want that, but call me skeptical,” Vos said. 

Evers added that he “won’t hesitate to bring the Legislature into special session later this year in August or September or October.” 

“Heck, I’m old enough to remember when the Legislature was willing to meet in December,” he said. 

“Year of the Neighbor” 

Each year during his State of the State address, Evers has declared an overall theme for the year. For his final year he announced the “Year of the Neighbor.”

“I want us to focus on our Wisconsin values of kindness, respect, empathy, and compassion,” Evers said. “We could all use a good neighbor, and we could all be better neighbors, and we’re going to spend the next year celebrating the neighbors who make Wisconsin the great place it is to call home.” 

Some of the “neighbors” Evers highlighted in his address included “the first responders who answer our call in our darkest hour,” “the librarians who help us find our new favorite book,” “the teachers who comfort, inspire and educate our kids,” “the state worker who helped us find and apply for health care or job training” and the “veteran who served our country.” 

“Wisconsinites are helpers by nature; it’s in our DNA. When things are tough, we roll up our sleeves and get to work. We shovel a driveway or bake a casserole, and we show up for our neighbors,” Evers said. “Whether it’s unpredictable weather or the unpredictable nature of politics, we’re all in this together, and we’re going to get through it together, not by alienating our neighbors, but by getting to know them, by looking out for one another and by maintaining our Wisconsin values of kindness, empathy, compassion and respect.”

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Senate Majority Leader Devin LeMahieu (R-Oostburg) and Assembly Speaker Robin Vos (R-Rochester) are proposing a $2.3 billion package to Gov. Tony Evers Monday that would provide one-time tax rebates and raise special education funding, but wouldn’t deliver any general school aid increases.

“We actually accepted the governor’s challenge where he said, make sure that we have money for schools and we wanted to make sure that there is money for the residents of Wisconsin,” Vos said during a press conference on Tuesday. Vos said lawmakers sent their letter to Evers on Sunday and had yet to hear from Evers as of Tuesday afternoon but they hope to “hear from him today so we could be in negotiations to have a bill passed before we adjourn Friday.”

The proposal comes after LeMahieu said last week he was being left out of negotiations with Vos and Evers. Evers’ spokesperson Britt Cudaback suggested the leaders sit down to discuss the plan. She has also previously said that any bipartisan agreement needs “investments to ensure our K-12 schools receive the resources they need and were promised in the state budget.”

The Assembly plans to meet in a series of marathon floor sessions this week with the goal of wrapping up its work for the session by the end of the week. The state Senate plans to work during March as well, but with the Assembly’s self-imposed deadline, this month is the last chance to pass bills that could get to Evers’ desk before the next legislative session.

Vos said the end of the week deadline could help ensure that Wisconsin politicians act and said it is a “perfect time for us to engage in the good faith negotiations.”

“There’s no reason for the money to sit at Madison longer than necessary so we can have it actually out the door,” Vos said. 

The back and forth on the property tax reduction and school funding package came as Evers, who opted not to run for a third term in office this year, prepared to deliver his final State of the State address Tuesday night.

“I think we’re right on track… I’m happy to meet this afternoon. I mean, I’m sure the governor is practicing his speech for tonight. There’s probably some time in between,” Vos said. “There’s a lot of opportunities to discuss.”

One major piece of the GOP proposal is an income tax rebate of $500 per person and $1,000 for married joint filers at a cost of nearly $1.5 billion in 2026-27. Senate Republicans first proposed the idea last week.

Rep. Patrick Snyder (R-Weston) said the surplus is proof that “we’ve over taxed our citizens in Wisconsin” and that the rebate checks could help provide some relief to Wisconsinites.

In response to Evers’ priorities, Republican lawmakers in their letter proposed $200 million for special education costs — including $80 million to bring the special education reimbursement rate to 42% in 2026 and $120 million to bring it to 45% in 2027 — in keeping with Evers’ proposal. 

The state budget committed to reimburse school districts for their special education costs at a rate of 42% in 2025-26 and 45% in 2026-27. However, recent estimates have found that the money that lawmakers and Evers set aside in the budget will not be enough to make good on those promises.

Lawmakers did not provide any additional funding for general school aids in the budget, disappointing school leaders and advocates who said schools will continue to struggle with funding difficulties. Republican lawmakers left out increases to general school aid in part because of their frustration with Evers’ 400-year veto, extending an annual $325 per pupil school revenue limit increase well beyond the last budget cycle. Without state funding, however, schools in Wisconsin only have the option to use the authority Evers extended to increase property taxes to the revenue limit increase amount. 

Evers had proposed $450 million in 2027 for general school aid to backfill the $325 per pupil increase school districts will have the option of using — alleviating the potential property tax increases that communities across the state would see again at the end of this year.

Republicans excluded that request from their proposal and instead suggested $500 million for property tax relief through the school levy tax credit. Evers had suggested $550 million for property tax relief through the school levy tax credit. 

The Wisconsin Public Education Network has called putting state money toward the school levy tax credit as opposed to general school aids “irresponsible and unacceptable.” The credit works by using state funds to reduce property tax bills by making payments to counties and municipalities. It does not provide additional revenue to school districts for operations.

In their letter, GOP leaders expressed concerns about the school revenue limit increases, saying that additional state aid would lead to less responsible spending by school districts.

“While we know you believe that your 400-year veto was a way to permanently send increases to schools for the next 400 years, the truth is it creates a strong disincentive for school districts to find efficiencies while creating an increased property tax burden on taxpayers,” the lawmakers said. 

LeMahieu and Vos said that “no amount of funding increase can address the root causes of the education funding problem” and that leaders should be focused on “reform” as opposed to “guaranteed funding to prop up a broken system.” Republican lawmakers have advocated for bills that would encourage school districts to consolidate this session, which Democratic lawmakers and school advocates have criticized.

Lawmakers said they would also support an individual income tax reduction of up to $300 for teacher expenses at an estimated cost of $1.4 million in 2026-27.

Republicans are also seeking to tie the tax relief package to other priority areas. 

Changes made to the Supplemental Nutrition Aid Program (SNAP) — known as FoodShare in Wisconsin — in the massive tax cut and spending bill signed by President Donald Trump last year included a penalty, requiring states to pick up some costs if the state’s payment error rate exceeds 6%. Wisconsin officials have estimated a penalty could cost the state up to $205 million.

The Evers administration has said $69 million and 56 additional administrative positions for DHS are needed to ensure that the state’s error rate remains below the 6% error rate.

The lawmakers said they would agree to funding for FoodShare to help keep the error rate low, but asked that positions that have been vacant for 18 months be used instead of providing new positions to the agency. 

In addition to the GOP request related to the positions, Republican lawmakers are also seeking to tie a ban on using SNAP benefits to purchase soda and candy to the legislation.

Rep. Clint Moses (R-Menomonie) said the change would ensure SNAP is “utilized for healthy, nutritious foods” and will help make sure that “some of the soda, junk food, and other stuff that our kids and our adults are filling their bodies with” isn’t purchased with the benefits.

The proposal also includes funding to the Department of Military Affairs for disaster assistance including $10 million in 2025-26 for awards no greater than $25,000 per household and $20 million in 2025-26 for grants of up to $50,000 to businesses. 

The money is meant to help Wisconsinites affected by record floods last year after a recent request for disaster assistance was denied by the federal government. 

“We feel that the states have a position here that should have some funds available particularly for businesses where they have no relief available to them at all,” Rep. Dan Knodl (R-Germantown) said. 

The total price tag of the proposed package is about $2.3 billion — nearly the amount of the state’s entire estimated budget surplus.

“This is a generous, good-faith attempt to achieve our mutual goals of limiting the property tax impact caused by your misguided 400-year veto, helping families address rising costs and ultimately doing what is best for the people of Wisconsin,” the lawmakers stated in their letter. “Majority caucuses in both houses have agreed to this plan in principle. With the legislative session soon ending, time is of the essence. We both stand ready to meet at your earliest convenience.”

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Gov. Tony Evers said he is focusing on what can be accomplished in the final year of his term rather than what he and his wife may do once he retires from office. (Photo by Baylor Spears/Wisconsin Examiner)

Gov. Tony Evers, who is entering his final year in office, is calling on lawmakers to help him accomplish some of his priorities in 2026 including providing property tax relief and taking action to blunt the effect of cost-shifting from the federal government to states by the Trump administration.

Evers decided to not run for a third term last year, leading to the first open race for governor since 2010. During a press briefing Monday, he told reporters “nope” when asked if he had thoughts on who in the crowded Democratic primary field could best build on his work.

While he wouldn’t comment on the field, Evers said that working on affordability in Wisconsin would be one of his top priorities — and likely one of the top issues in the 2026 campaign cycle. 

Evers said he is focusing on what can be accomplished in the final year of his term rather than what he and his wife may do once he retires from office. 

“We’ve worked hard for seven years and… we have a year left and it’s not all about me. All of the things that need to be addressed, many of them can be. I feel very strongly that legacy is just doing the right thing for the people of Wisconsin,” Evers said, adding he wants to leave Wisconsin in “a better place.” 

The Wisconsin Legislature has work days scheduled through March, though Evers said work may need to go into April to get the state’s business accomplished. He said lawmakers could run for office and work at the same time. 

“I think it will help no matter who is running for reelection, both the Republicans and Democrats, actually spending some time not getting out of town as early as possible and let’s do some things for the people of Wisconsin,” Evers said. “It’s bad politics to say we’re done in February, we’re done in March and we’ll see you at the polls.” 

Evers said 2026 is starting after a year of “historic and bipartisan wins” for Wisconsinites. He highlighted actions taken in the state budget including providing state funding directly to child care centers, increasing school funding and investing in the University of Wisconsin system, and said he wants to build on that work in the rest of his term. “Our budget was a win for Wisconsin kids, families and our state’s future, but there’s no denying the final budget looked different from what I proposed,” he said. 

Evers noted that the state ended the fiscal year with nearly $4 billion in reserves and $2 billion in a rainy day fund. He said projections from the Department of Revenue that will be released soon show that the state could also bring in as much as $1 billion more than this year. 

Tax relief, school funding

Evers said one of his top priorities is taking action to soften the impact of property tax increases. He called on lawmakers, again, to pass a slate of policies he has proposed that could result in $1.3 billion in tax relief. 

Wisconsin taxpayers’ December bills included the highest increase since 2018 — the result, in part, of Evers’ controversial 400-year line-item veto, which extended a two-year increase in the amount of money districts can raise from local property taxpayers for centuries into the future, as well as lawmakers’ decision to not provide additional state aid to schools, pushing many districts to use their additional taxing authority and others to go to referendum, asking local residents to pay more.

“Look, I get it: Republicans love to blame my 400-year veto for property taxes going up,” Evers said. “The problem with that is Wiscosinites were going to referendum before increasing the number of years — long before. The question would be why? Because of a decade of Republicans consistently failing to meaningfully invest in our kids and K-12 schools. That has consequences including forcing Wisconsinites to raise their own property taxes.” 

Evers said that he wasn’t saying relief needs to be accomplished in one particular way, but that the state will be in a “world of hurt” if nothing is done about property taxes.

Proposals on the issue that he has suggested include a state program to encourage local governments to freeze property taxes, increasing state aid to public schools to help reduce tax levies and increasing the school levy tax credit. 

Assembly Speaker Robin Vos (R-Rochester) has also named lowering property taxes as one of his top priorities for the year, though he and other Republicans have focused on the school revenue limit increases that are in place due to the partial veto Evers issued on the 2023 state budget. Evers brushed off the criticism, saying school districts were seeking property tax increases through referendum way before his veto.

“Before that 400-year veto, we were going to referendum all the time, so they can use that as an excuse if they want but let’s just get this done,” Evers said. 

Vos rejected the suggestion in a statement Tuesday morning, saying  that Evers was asking lawmakers to “backfill his mistake.”

“We will pass a repeal of his 400-year veto and we ask him to urge Democrats in the legislature to join that effort,” Vos said. “Recent property tax increases fall primarily on his shoulders and unless he’s willing to fix that, taxpayers in Wisconsin will be driven out of their homes due to these unaffordable increases.”

Evers also called on lawmakers to provide additional funding for special education. He and lawmakers put funding in the budget they calculated would bring the state’s share of special ed costs to 42% of districts’ expenses in the first year of the budget and 45% in the second year, but the Department of Public Instruction has issued revised numbers showing that the funding allocated in the budget likely won’t be enough to meet those rates.

“This has to be fixed before the Legislature goes home this year. I’m calling on the Legislature to invest the necessary funding to ensure the agreed upon percentages… are met — or better yet, make the appropriation sum sufficient,” Evers said. Sum-sufficient appropriations are not fixed amounts of money but cover costs for programs even if they fluctuate.

Evers also said lawmakers should take action to exclude certain items including diapers, toothpaste and over-the-counter medications from the state’s sales tax. 

Evers said he is also open to looking at Republican proposals to eliminate taxes on overtime and tips but wants to consider more “universal” forms of tax relief. Republican lawmakers have been working to advance proposals that would align state tax policies with the new federal policies that were adopted last year.

Dealing with the Trump administration  

In his letter to lawmakers, Evers told them they may need to take action to blunt the effects of Trump administration policies. 

“With more chaos being created every day in Washington, new challenges continue to emerge and evolve that deserve our immediate focus and attention,” Evers wrote to lawmakers. “This includes responding to President Donald Trump’s and Republicans in Congress’ ongoing efforts to shift hundreds of millions of dollars in federal program costs to Wisconsin taxpayers and our state’s future budgets.” 

A recent change to federal law means that the state could be at risk of losing more than $200 million annually in federal funds for the Supplemental Nutrition Assistance Program (SNAP) program if the benefit payment error rate climbs above a certain level.

Evers told reporters that he is in conversations with lawmakers about a potential investment to ensure that the error rate for the state’s Foodshare program remains low. The state Department of Health Services has said that $69 million would help implement quality-control measures and cover the cuts the federal government has made to administrative costs.

The Trump administration has also recently frozen funds to five Democratic-run states, including Minnesota, due to child care fraud while also increasing reporting requirements for states receiving child care funds to cover services for low-income kids. 

Evers said Wisconsin, not one of the five, is in a good position to ensure accountability in the system as the state already made significant changes after a fraud scandal like Minnesota’s was uncovered in Wisconsin more than 15 years ago.

A 2009 Pulitzer prize-winning investigation by the Milwaukee Journal Sentinel uncovered significant fraud within the state’s WisconsinShares program that led to criminal indictments and prompted the state to implement protections. 

“We’re making sure we’re doing everything and we are in a good place,” Evers said. “There’s lots of auditing going on… so I think we’re in a great place.”

ICE shooting in Minneapolis

Evers told reporters that it is a “huge mistake” by President Donald Trump to exclude Minnesota from the investigation into the death of Renee Good at the hands of an ICE agent last week.

“Should the people of Minnesota or Minneapolis be a part of that investigation? Hell yes,” Evers said. “When the federal government comes in and talks about things in terms of you’re going to do this or that… you want to be part of the conversation and there’s none of that going on.” 

Evers said in response to a question about whether ICE was welcome in Wisconsin, “We can handle ourselves, frankly. I don’t see the need for the federal government to be coming into our state and making decisions that we can make at the state level.” 

However, Evers stopped short of endorsing a proposal from Lt. Gov. Sara Rodriguez that would bar ICE from certain areas.

Rodriguez, who is running in the Democratic primary for governor, proposed on Monday that the state ban ICE from courthouses, hospitals and health clinics, licensed child-care centers and daycares, schools and institutions of higher education, domestic violence shelters and places of worship unless there is a warrant or an imminent threat to public safety.

Evers said when asked about the proposal that he would look at it, but that “banning things will absolutely ramp up the actions of the folks in Washington D.C.”

Evers on what else might get accomplished in 2026

Evers said he is “confident” there will soon be a proposal to release $125 million in state funds to fight PFAS contamination that members from both sides of the aisle can support. He said his administration has spent the last several months in conversation with Republican lawmakers on the issue to try to reach a compromise.

Evers said that he hopes they will be able to do the same for the Knowles-Nelson Stewardship program, which is set to expire this year. 

Evers said he is open to exploring options for getting WisconsinEye, the nonprofit that provided livestream coverage of state government similar to C-Span until it went dark last month, back online, but said he isn’t supportive of just giving the nonprofit state funds without a match requirement.

WisEye  went offline  Dec. 15 due to financial difficulties. There is $10 million in state funding for the organization that was set aside by lawmakers and Evers for an endowment, but the organization has to raise matching funds to access it.

“I think there has to be some skin in the game,” Evers said of WisEye. 

The organization launched a GoFundMe on Monday to help raise $250,000, which would cover its expenses for three months. By the end of the day, the organization had raised more than  $4,000.

Evers also called on lawmakers to pass legislation that would extend Medicaid coverage for new mothers from 60 days to a year. Vos has opposed the bill and stopped it from receiving a vote in the Assembly, even as it passed the Senate with only one opposing vote and has more than 70 Assembly cosponsors.

“I’m hoping 2026 will be the year that the Speaker finally decides that bill will make it to my desk,” Evers said.

Evers also outlined his hopes that lawmakers will take action to help lower the cost of health care and prescription drug prices including by capping the price of insulin at $35, passing legislation to audit insurance companies when their denial rates are high and creating new standards to increase the number of services health insurance companies must cover. 

Evers also called on lawmakers to provide funding for two sites that closed last year, one in Green Bay and the other in Chippewa Falls, that housed homeless veterans. He said ideally the Veterans Housing and Recovery Program would receive the nearly $2 million  as he proposed last year.  

Evers said he hadn’t seen the GOP-authored bills that passed the Assembly unanimously that would create a new state grant program that would go to organizations that serve homeless veterans. 

“Whatever we can do to solve that issue,” Evers said. “Any of the things I’ve talked about today, if something happens individually, great. We have to get that done, so if they come up with a plan that I feel confident it’s going to work… then I’d sign it.”

Update: This story was updated Tuesday Jan. 13 to include a statement from Assembly Speaker Robin Vos. 

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