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1848
- The
Wisconsin Constitution provides in 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...."
1949
-
State policy determines that “...the state must guarantee that a basic
educational opportunity be available to each pupil...” and “...the
state should be obligated to contribute to the educational program only if
the school district provides a program which meets state standards.”
The 1949 legislature provides for distribution of both equalization
and “flat” aid. A
district not eligible to receive equalization aid receives flat aid; i.e.,
a fixed amount per student.
1973
- A
complete tax base equalization program is enacted that provides a much
higher appropriation of equalization aid to relieve local property taxes;
discontinues general flat aids; institutes a power equalizing program
providing for "negative aids”; and separates the shared cost into
primary and secondary levels with a two-level system of state aid in which
school costs which exceed the statutory ceiling of aidable costs are
supported at a lower level of state aid to serve as a disincentive to high
levels of spending.
1976
- The
Wisconsin Supreme Court declares recapture of local excess property taxes
unconstitutional. Consequently,
Wisconsin's general school aid equalization program is no longer
considered a true power equalizing program because districts having the
same cost per student are not required to levy the same tax rate.
1992
- The
Association for Equity in Funding (AEF) is formed to promote financial
equity among public school districts on behalf of all pupils and property
tax payers.
At the time, AEF members indicate that legal action should be
pursued if significant progress toward financial equity is not
accomplished during the 1993 legislative budget session.
1993
- AEF
proposes legislation to eliminate the disequalizing factors and provide
financial equity for all children and property taxpayers.
The 1993 legislature substantially ignores the AEF proposals and
increases the disequalizing factors in two ways:
·
First,
it expands the special adjustment aid, broadens the eligibility
requirements, and diverts funds from the equalized aid appropriation to
pay for that expansion.
·
In
addition, it imposes per pupil revenue limits on school districts which
allow higher spending districts to increase per pupil spending by a
greater amount than lower spending districts.
As
a result, despite a substantial increase in equalized aids, the actions of
the 1993 legislature allow absolute spending disparities per pupil to
widen.
1994
-
While continuing to work in the legislature, AEF retains legal counsel to
study the feasibility of challenging
the existing school finance system’s constitutionality.
That study indicates that such a suit probably would be successful.
1995
- In
January, AEF members vote unanimously to “prepare and organize” for
litigation. In July, the
1995‑97 state budget (Act 27) increases state aids and levy credits
to 2/3 of partial school costs. The
budget, however, does not adequately resolve several equity issues, such
as the distribution of equalized aid, school levy credits and categorical
aid; the impact of revenue limits; and the identification of student
needs. On October 12, the class action suit, Vincent vs. Voight, challenging the constitutionality of Wisconsin's
school finance system, is filed in Dane County Circuit Court.
1996
- The
Legislative Council of the state legislature creates a Special Committee
on the School Aid Formula. The
Committee is directed to study the state school aid formula and related
aspects of school finance and recommend appropriate adjustments.
1997
-
Action both at the legislative and judicial levels. After
several hearings involving testimony from dozens of interested people, the
Legislative Council Committee on the School Aid Formula recommends several
actions, including phasing out the school levy tax credit over six years,
establishing new aids for low-income students, and protecting districts
with declining enrollment. None
of these actions, however, were approved by the Legislature. Dane County
Circuit Judge Richard Callaway rules in favor of the state in
Vincent v. Voight, finding the school funding system constitutional.
In his comments, however, Judge Callaway says he recognizes that
schools have “grave pressures” and notes, “the Court does not doubt
that these problems have a serious adverse impact on the education
received by many of Wisconsin's children.” The 104 districts file
a petition with the Wisconsin Supreme Court requesting a reversal of Judge
Callaway’s decision. The
districts call attention to the July ruling, which said that unless there
was “clear guidance from the Supreme Court, the legislature, potential litigants and the lower courts
will be left groping through more unfocused litigation every time a new
budget is created.” The petition to have the case heard by the state
Supreme Court -- which would have saved time and money for all involved --
is denied as premature and appeal briefs are prepared.
1998
- The
Fourth District Court of Appeals hears oral arguments on Vincent vs.
Voight and upholds the trial court decision.
AEF is reorganized as an Unincorporated Association and appoints an
executive director.
1999
- The Wisconsin Supreme Court decides to review Vincent vs. Voight.
AEF expands its membership to individuals and additional school districts.
2000
- The
Wisconsin Supreme Court finds our school finance system to be
constitutional. The Court also holds 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 courses to be provided and required that
“…districts with disproportionate numbers of disabled students,
economically disadvantaged students, and students with limited English
language skills…” be taken into account.
2001
- The
biennial state budget enacted for 2001-02 and 2002-03 ignores the new
educational standard.
2002
- The budget review bill enacted for 2002-03 ignores the new
educational standard.
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