Will-Law

The News: On behalf of School Choice Wisconsin Action, Inc. (SCWA), Catholic Memorial High School of Waukesha, Inc., and Roncalli Catholic Schools, Inc., the Wisconsin Institute for Law & Liberty (WILL) filed a lawsuit against the Wisconsin Department of Public Instruction (DPI) and Superintendent of Public Instruction, Jill Underly. The suit challenges several of DPI’s rules which were not promulgated in compliance with statutory rulemaking procedures, and which exceed the DPI’s authority as set forth in state law.

The lawsuit alleges that DPI implements and enforces an “application perfection” rule (also known as the perfection rule) for various school choice programs despite never promulgating the rule as required by state law. Instead, DPI uses informal bulletins to enact its chosen policies. This suit is filed in the Waukesha County Circuit Court.

The Quotes: WILL Associate Counsel, Cory Brewer, stated, “DPI is exceeding its authority under state law in how it administers the Parental Choice Program and must be held accountable. The program was designed to be an easy-to-use option for parents, and DPI’s unilateral implementation of additional requirements constitutes unlawful bureaucratic overreach.”  

Chair of School Choice Wisconsin Action, Inc., Jamie Luehring, said, “DPI’s unrealistic rules hurt not just schools, but parents. Applying to a Choice school should not be any harder for families than registering to send their kids to their local public schools.”

Catholic Memorial High School of Waukesha, Inc. President, Donna Bembenek, said, “Parents, not DPI, should be trusted to make the best educational choice for their child. Creating unnecessary red tape does not serve anyone or help parents access the best school for their child.”