New brief filed in Wisconsin PTA suit over school funding seeks to prevent outside groups from joining case

WISCONSIN – In February, 19 plaintiffs from across the state, including the Green Bay Area Public School District (GBAPS) and the Green Bay Education Association (GBEA), filed suit against the Wisconsin State Legislature and its Joint Committee on Finance for failing to adequately fund public schools across the state.

Led by the Wisconsin PTA (Parent Teacher Association), the plaintiffs include students, parents, advocates, educators, school districts and community members asking the court to hold the legislature accountable for not meeting its constitutionally mandated obligation to provide all children with an equal opportunity for a sound basic education.

This week, the plaintiffs, represented by Law Forward, along with co-counsel from the Wisconsin Education Association Council, have filed a brief opposing efforts by outside groups to join the case as defendants.

The brief addresses two separate motions for intervention — one filed by a group of five private school parents, three public school parents, individual private schools, networks of such schools and a membership organization for such schools; and another filed by a group of three private school parents.

According to the brief, “Because neither motion meets the applicable legal tests for intervention, both should be denied.”

To be eligible for intervention, “The movants must show — counterfactually — that the interests they claim as grounds justifying intervention are implicated in this action,” the brief states. “The insurmountable challenge that poses here is that this lawsuit simply is not about the interests and issues they desperately want to discuss.”

The brief asserts that the movants goal “is to hijack this litigation and turn it into a vehicle to resolve legal issues” which are “nowhere to be found” in the original complaint filed in February. “The complaint focuses on funding for public schools, not the private ones in which movants claim an interest.”

The filing makes clear that this lawsuit is narrowly focused on whether Wisconsin is meeting its constitutional obligation to adequately fund public schools — and does not challenge or seek to change private school voucher programs.

The brief argues that the groups seeking to intervene are attempting to introduce issues that are not part of the case, particularly debates around vouchers.

“The problem movants cannot avoid is that this lawsuit seeks no relief against, nor even relates to, Wisconsin’s school choice programs,” the brief states.

It also notes that their interests, to the extent they are at all implicated by the lawsuit, are already represented by existing parties, including the legislature, and that adding additional defendants would unnecessarily complicate and delay the case.

“This case is about ensuring Wisconsin meets its constitutional obligation to fund public schools so every student has the opportunity to learn, grow, and succeed,” said Jeff Mandell, President and General Counsel at Law Forward. “It is not about private school voucher programs, nor does it seek to change or challenge those programs. At its core, this is about students, families, and communities, and the reality that our state is not living up to its responsibility to provide a strong public education system.

Attempts to expand this case beyond that focus risk delaying progress and diverting attention from the real issue at hand. We remain focused on moving this case forward in a way that is clear, grounded, and centered on what matters most: delivering on Wisconsin’s promise to its public school students and everyone who relies on public schools.”

The court will now decide whether those groups will be allowed to participate as parties moving forward.