LRB-2143/1
PG&PJD:wlj:rs
2001 - 2002 LEGISLATURE
January 14, 2002 - Introduced by Representatives Krug, Sherman, Richards,
Plouff, Turner, Cullen, Sinicki, Ryba, Bock, Boyle, Ainsworth, Riley,
Carpenter
and Berceau, cosponsored by Senators Plache and Decker.
Referred to Committee on Education.
AJR81,1,2 1An Act relating to: the distribution of state funds to public school districts (first
2consideration).
Analysis by the Legislative Reference Bureau
The uniformity provision of the Wisconsin Constitution (Article X, section 3)
requires "the establishment of district schools, which shall be as nearly uniform as
practicable ...." In Buse v. Smith, 74 Wis. 2d 550 (1976), the state supreme court
determined that an equal opportunity for education is a fundamental right but held
that the uniformity provision does not require that educational opportunity be
absolutely uniform. This conclusion was confirmed in Kukor v. Grover, 148 Wis. 2d
469 (1989), in which the court determined that the uniformity provision requires that
state funding be sufficient to ensure that all school districts must be able to meet
minimum standards specified by statute. In Vincent v. Wright, 236 Wis. 2d 588
(2000), the court again confirmed that "students have a fundamental right to an
equal opportunity for a sound basic education," but determined that the state
adequately funds each school district to provide for a basic education. The court
concluded that "so long as the legislature is providing sufficient resources so that
school districts offer students the equal opportunity for a sound basic education ...
the state school finance system will pass constitutional muster."
This constitutional amendment, proposed to the 2001 legislature on first
consideration, removes from the constitution the "uniformity provision." The
amendment instead requires that all state funds distributed to public school districts
be distributed so as to ensure that the educational opportunities in all public school
districts are as nearly equal as possible.

As a constitutional amendment, the proposal requires adoption by two
successive legislatures, and ratification by the people, before it can become effective.
AJR81,2,1 1Resolved by the assembly, the senate concurring, That:
AJR81, s. 1 2Section 1. Section 3 of article X of the constitution is amended to read:
AJR81,2,113 [Article X] Section 3. The legislature shall provide by law for the establishment
4of district schools, which shall be as nearly uniform as practicable; and such schools
5shall be free and without charge for tuition to all children between the ages of 4 and
620 years; and no sectarian instruction shall be allowed therein; but the legislature
7by law may, for the purpose of religious instruction outside the district schools,
8authorize the release of students during regular school hours. All state funds
9distributed to school districts operating district schools shall be distributed so as to
10ensure that the educational opportunities in all school districts operating district
11schools are as nearly equal as possible.
AJR81,2,14 12Be it further resolved, That this proposed amendment be referred to the
13legislature to be chosen at the next general election and that it be published for 3
14months previous to the time of holding such election.
AJR81,2,1515 (End)
Loading...
Loading...