MADISON, Wis. — The Wisconsin Supreme Court on Thursday heard arguments in a lawsuit that could free up millions of dollars meant to help Wisconsin students learn to read.
The last state budget set aside $50 million for a new literacy program that would implement a science-based approach to reading in Wisconsin schools, with an emphasis on teaching phonics. That money has been held up amid fighting between Democratic Gov. Tony Evers and Republicans who control the state Legislature.
Meanwhile, schools are still required by law to implement the new curriculum without financial assistance from state government.
Partisan fights over the funding are focused on two main issues: Evers’ controversial use of his partial veto power and Republican efforts to retain control of certain funding even after it has been approved in the state budget.
Wisconsin’s governor has the broadest partial veto power in the nation. It allows them to strike out certain parts of bills that authorize state spending. For all other bills, the governor must decide whether to simply veto them in full or sign them into law.
After the literacy funding was approved in the state budget, Republicans passed a separate bill detailing how that money should be spent. Evers used his partial veto on that bill, which Republicans argue is unconstitutional because the measure didn’t authorize the spending of any state funds.
Watch: Wisconsin Supreme Court hears fight over literacy funding
“The governor, when presented with a bill that put zero money in accounts, partially vetoed provisions of that bill,” said Ryan Walsh, an attorney representing the Wisconsin Legislature.
Instead of sending the $50 million directly to the state Department of Public Instruction, Republicans wrote the budget to send the literacy funding to an emergency account controlled by the Legislature’s powerful budget-writing committee. The committee has increasingly used such accounts to increase its control over state agencies and their spending.
After Evers angered Republicans with his partial veto, GOP leaders refused to release the funding to DPI and sued the governor.
“$50 million was so critical to DPI because this literacy program, which we’re all so excited about, is really expensive,” said Wisconsin Department of Justice attorney Charlotte Gibson, who is representing Evers and DPI. “That money would’ve made a big difference in the last two years for our school districts.”
In the case before the state Supreme Court on Thursday, justices considered three big questions:
- Can the Legislature’s Joint Finance Committee hold onto funds that are meant for state agencies to create new programs?
- How broadly does the governor’s partial veto power apply to bills that deal with state spending?
- Does the Legislature have to release the literacy funding it’s still holding onto?
It’s not uncommon for justices to take months to issue their opinion on a case. Meanwhile, the Joint Finance Committee is set to write a new state budget this summer.
Republican leaders have said they’re concerned about writing a budget before a decision comes down from the court, and that they may delay the budget process to wait for a ruling.
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