School Finance Ruling Sends Mixed Message
The July 11 (2000) state Supreme Court ruling
upholding the current school finance system sends a mixed message to Wisconsin
residents, according to the president of the Wisconsin Education Association
Council.
“This ruling establishes a new standard clarifying
the constitutional guarantee of an equal educational opportunity for our
children,” WEAC President Terry Craney said. “However, the court
failed to send the case to trial, to determine whether the state is meeting
that standard. That means thousands of children throughout the state will
continue to suffer under an unfair system.”
In a sharply divided opinion, the Supreme Court
found the current school finance system is constitutional. Four justices
agreed with the arguments advanced by WEAC that the Wisconsin Constitution
guarantees all children an equal opportunity to a “sound basic education.”
Unfortunately, a slim majority found that there was insufficient evidence
to prove beyond a reasonable doubt that the current system fails to meet
a standard which calls for an educational system that equips students
for their roles as citizens, and which enables them to succeed economically
and personally.
“WEAC believes that the three dissenting
justices were correct when they argued that plaintiffs and intervenors
should be allowed to have a trial in order to determine whether the court’s
newly adopted standard was met,” Craney said.
“We are pleased that a majority of the court
has agreed that Wisconsin children are entitled to a sound basic education,”
Craney said. “And we recognize that most children in Wisconsin receive
a high-quality education. Unfortunately, a majority of the court failed
to recognize that in some districts, children are not currently being
provided with adequate educational opportunities.
"As the dissenting justices clearly stated,
certain districts with a disproportionate number of high-needs students
cannot simultaneously provide for a high-quality education program for
typical students and deal with increasing demands for programs for special
education, limited English-speaking students, and children raised in severe
economic hardship.
“As Justice William Bablitch so eloquently
noted in his dissent, ‘By a slim majority, this court today decides
that the present system is constitutionally acceptable. However, if the
conditions outlined above remain unattended, the system will inevitably
get worse. If the Legislature does nothing, the children will be back
demanding their constitutional guarantee,’ ’’ Craney said.
Craney noted that one particularly unfair aspect
of the decision is that the parties were not allowed to go to trial because
they did not develop sufficient evidence under the newly articulated standard,
even though the standard was just announced today.
“WEAC will continue its efforts to ensure
that every child attends a great school,” Craney said. “We will
work with the Legislature, local communities and other interested parties
to make sure no child is overlooked. In addition, the new standard requires
the Legislature to maintain a high floor for educational quality.”
Craney called on the Legislature to recognize
that not all children or school districts are alike and to return more
decision-making to local school districts.
“In particular, the Legislature must fund
what it requires,” Craney said. “This means substantial increases
in funding for special education, funding for programs for limited English-speaking
students and a continued expansion of the SAGE class-size reduction program.
If the Legislature can impose standards and accountability requirements
on school districts, it should be held accountable to make sure those
goals can be accomplished.”
In addition, Craney said revenue controls must
be eliminated, in large part to ensure that districts with declining enrollments
or high numbers of special needs children are not punished. Currently,
revenue controls force districts with declining enrollments to make painful
cuts in programs for all children, regardless of their needs.
“The Legislature must end this unfair treatment
of school districts and children,” Craney said. “We need a system
that makes sure all children receive a quality education with the involvement
and support of their communities, no matter where they live or what their
family backgrounds may be.”