Wisconsin

There have been no recent developments in educational opportunity litigation in Wisconsin.

In 1989, in Kukor v. Grover, plaintiffs challenged the constitutionality of the state school finance system, on uniformity and equal protection grounds. Despite finding "educational overburden" in several areas, the Wisconsin Supreme Court held that the public school finance system did not violate these particular provisions of the constitution. The court found that while all parties desired greater "uniformity in educational opportunities," this was not constitutionally mandated, and the state’s system of aid equalization was sufficient under the constitutional mandate for schools to be "as nearly uniform as practicable."

The court pointed out that plaintiffs had not brought a claim alleging that the state funding system was insufficient to enable school districts to meet the state’s educational standards, an "adequacy" case.

In 2000, in Vincent v. Voight, plaintiffs again brought an equal protection and uniformity case, seeking a declaratory judgment that the school finance system was unconstitutional. Plaintiffs again chose not to bring a standards-based "adequacy" case. The Wisconsin Supreme Court held that the uniformity clause of the state constitution requires that the state provide "an equal opportunity for a sound basic education."

The court again noted that plaintiffs did not claim or present evidence that "any children lack a basic education in any school district," that is, an "adequacy" claim.

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"The legislature shall provide by law for the establishment of district schools, which shall be as nearly uniform as practicable; and such schools shall be free and without charge for tuition to all children between the ages of 4 and 20 years; and no sectarian instruction shall be allowed therein; but the legislature by law may, for the purpose of religious instruction outside the district schools, authorize the release of students during regular school hours." Wis. Const. art. X, § 3.

In Kukor v. Grover, the court made clear that equal opportunity for education is a fundamental right: "The involvement of the legislature from the framing of the constitution to the present and the many cases which have come before this court, emphasize that the equal opportunity for education as defined by art. X, sec. 3, is a fundamental right." 436 N.W.2d 568, 579 (1989) (internal citations omitted).

After establishing education as a fundamental right, however, the court used a rational basis standard for plaintiffs’ equal protection claim, reasoning that the plaintiffs had not been denied an equal opportunity for a sound basic education, and thus "no fundamental right [was] implicated in the challenged spending disparity." Id.

The court, in Vincent v. Voight, further elaborated on the constitution’s education article by detailing what is meant by a "sound basic education":

"An equal opportunity for a sound basic education is one that will equip students for their roles as citizens and enable them to succeed economically and personally. The legislature has articulated a standard for equal opportunity for a sound basic education in Wis. Stat. §§ 118.30(1g)(a) and 121.02(L) (1997-98) as 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. An equal opportunity for a sound basic education acknowledges that students and districts are not fungible and takes into account districts with disproportionate numbers of disabled students, economically disadvantaged students, and students with limited English language skills. So 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." 614 N.W.2d 388, 396 (2000).

In Zweifel v. Joint Dist. No. 1, the only Wisconsin case related to preschool, plaintiffs had petitioned their local school district to admit their son to five-year-old kindergarten although he would only be four-years-old and would not meet the age cutoff. After due consideration, the school board denied the plaintiff’s son early admission to kindergarten. The trial court upheld the school board’s decision, and the parents appealed. 251 N.W.2d 822 (1977).

In 1977, the Wisconsin Supreme Court heard the parent’s appeal and held that although article X, section 3 of the Wisconsin Constitution states that district schools "shall be free and without charge for tuition to all children between the ages of 4 and 20 years," this does not require that the public schools be open to all children between four and 20 years, or "that the schools accommodate all such children, or that education be provided for all such children. The emphasis of the cited constitutional provision is upon free tuition and not upon a guarantee of education for persons falling within those age groups."

The court found that it was within the exclusive authority of the legislature to determine, as it had, that entry to first grade will be permitted at age six and that individual school districts have the option to provide for kindergarten and education before age six. The court concluded "[t]he legislature could determine that education will be provided statewide for all children aged four and above, but the legislature is not constitutionally bound to do so."

Furthermore, the court held that the constitutional requirement that schools be "as nearly uniform as practicable" did not mean that all schools must offer identical services or apply identical procedures, and thus all schools did not need to have early admission procedures or programs for kindergarten.

Accordingly, the court found that the school district was not required to afford the four-year-old child the right to early entry into kindergarten and had not abused its discretion in refusing to do so.

Wisconsin has provided state funding to educate 4-year-olds since the 1920s. The state’s Department of Public Instruction has formulated a statement of beliefs that articulates a comprehensive early childhood policy focusing on a system designed to "recognize the childhood experience as a major determinant of a child’s later success or risk of failure."

Four-Year-Old Kindergarten

The Four-Year-Old Kindergarten (4K) program in the public schools is open to all children in the state.  The 4K program is a public school program, however, there is an emphasis on collaboration with private providers, such as Head Start.

Districts may lease space for the 4K program in licensed public or private nonsectarian child care centers. Kindergarten teachers employed by school districts may also offer the instructional component of the program in a child care center.

Eligibility for 4K is universal within districts that choose to offer the program. School districts may choose to admit children younger than 4 years of age if they established procedures and standards for early admission.

The 4K program follows the public school calendar of 180 school days per year. It is a half-day program. Districts can choose to operate for longer hours, however they will not receive additional aid.

Head Start State Supplement

The Head Start State Supplement offers early education to 3- and 4-year-old children with a disability or from low-income families.  This program offers comprehensive early education for 3- and 4-year-old children who are disabled or from a low-income family.

Wisconsin provides a supplement, enabling Head Start to increase access and other pre-K services. These grants are meant to encourage collaboration between local districts and Head Start agencies.

Head Start programs are required to follow federal Head Start Performance Standards.

Preschool to Grade 5 (P-5) Program

The state also funds the Preschool to Grade 5 (P-5) program, which is aimed at providing supplementary services for pre-K to 5th grade in urban schools with large populations of economically disadvantaged students.  The P-5 program is a competitive grant program available to urban elementary schools serving high numbers of low-income children.

One requirement of the program is that each grant recipient "provide structured educational experiences for 4-year-old pupils...[that] focus on the needs of low-income pupils and ... include activities that encourage early skill development."

The Four-Year-Old Kindergarten program is primarily funded through the state aid formula. Each 4-year-old is counted as half a pupil for purposes of the formula.  Districts are encouraged to turn to additional funding streams such as Title I, IDEA, and child care subsidies, to assist in funding.

Wisconsin also provides a state Head Start supplement in an effort to increase the number of economically disadvantaged children that are served in the state.

Pre-K to grade 5 grants of up to $193,000 per school are made available through a competitive process to urban elementary schools serving high numbers of low-income children.

According to the National Institute for Early Education Research (NIEER), Wisconsin served 52% of 4-year-olds and 1% of 3-year-olds in its state preschool programs in 2009-2010. This represents a steady increase in the number of 4-year-olds served, with 48% being served in 2008-2009, 40% being served in 2007-2008, 36% being served in 2006-2007 and 32% being served in 2005-2006.

However, the percentage of 3-year-olds served has remained steady at 1%.

NIEER evaluated the 4K and Head Start State Supplement programs only because the Preschool to Grade 5 program only provides funding and does not create programs.

Quality Standards

Four-Year-Old Kindergarten

The program meets 5 out of the 10 NIEER benchmarks.

The 5 benchmarks reached were:

• Early Learning Standards
• Teacher must have Bachelor’s degree
• Requirement that teachers have specialized training in pre-K education
• Teacher in-service (15 hours)
• Monitoring/Site visit program

The 5 benchmarks not met were:

• Assistant teacher must have a Child Development Associate credential, or equivalent
• Class size limits of 20 students
• Class ratio of 1:10 or better
• Screening/referral and support services
• Requirement to provide at least one meal a day

Head Start State Supplement

The program meets 7 out of the 10 NIEER benchmarks.

The 7 benchmarks reached were:

• Early Learning Standards
• Requirement that teachers have specialized training in pre-K education
• Teacher in-service (15 hours)
• Class size limits of 20 students
• Class ratio of 1:10 or better
• Screening/referral and support services
• Requirement to provide at least one meal a day

The 3 benchmarks not met were:

• Teacher must have Bachelor’s degree
• Assistant teacher must have a Child Development Associate credential, or equivalent
• Monitoring/Site visit program

There are no laws or regulations requiring evaluation or assessment of the 4K program. Districts receiving special pre-K grants under P-5 are required to evaluate student progress. Head Start programs must meet federal Head Start Performance Standards.

Wisconsin Statutes

Wisconsin Administrative Code

Wisconsin Department of Education

Wisconsin Department of Education- Office of Urban Education (P-5 Program)