AEF Executive Director John Humphries visited the state capitol this week, sharing a letter from AEF about the system of revenue limits, background, and making it clear that AEF believes the system is unconstitutional. We continue to expect that the legislature will make a serious effort to closing revenue limit gaps.

May 19, 2023

Dear Legislator:

AEF represents over 60 school districts educating almost 100,000 students across the state. For 30 years our per pupil revenues have been substantially lower than many districts. The current system is unconstitutional. It was never meant to be permanent. It violates the Vincent vs. Voight decision. Students in low revenue districts have larger class sizes, fewer counselors, and lower college entrance rates.

In 1848, the Wisconsin Constitution provided:

• Article I, Section 1, that “All people are born equally free and independent, and have certain inherent rights; among these are life, liberty and the pursuit of happiness…” When some school districts get 30, 50, even 90% less funding per pupil than others, one cannot consider that “Equal Protection” under the law.
• Article X, Section 3, that “The legislature shall provide by law for the establishment of district schools, which shall be as nearly uniform as practicable…” When some school districts get 30, 50, even 90% less funding per pupil than others, one cannot consider that “as nearly uniform as practicable.”

The 1993-95 Biennial Budget instituted revenue limits for 5 years. At the signing Governor Thompson stated, “I can assure you that we will continue to look at the equity questions this fall and come forward with a plan for the next biennial budget.” That didn’t happen and low revenue districts have mostly been stuck at the bottom of the revenue system since it was started. We have 30 years of accumulated inequity.

In 2000 The Wisconsin Supreme Court held that “Wisconsin students have a fundamental right to an equal opportunity to a sound basic education…that will equip students for their roles as citizens and enable them to succeed economically and personally.” The Court specified that districts were not “fungible” (interchangeable) and required that the extra funding needs from  “…disabled students, economically disadvantaged students, and students with limited English language skills…” be recognized.

Four years ago, the Joint Finance Committee increased the low revenue ceiling by $600 and allocated $330M in Equalization Aid. This spring, in 4 hearings around the state, I shared the critical request to increase the low revenue ceiling by $1500 per pupil and close revenue limit gaps substantially. This amount only represents inflation during the last four years. Our members are tired of living with less so that a lucky few districts can continue to spend more and more each year. Please do not add funds to all revenue limits, but focus instead on improving fairness for students in hundreds of low revenue districts.

Sincerely,

John Humphries

Executive Director