Buse v. Smith

ABRAHAMSON, J., DAY, J. and HEFFERNAN, J.

(dissenting). The majority opinion correctly concludes that the right to equal opportunity for education is a fundamental right under the Wisconsin Constitution and that the legislature is constitutionally mandated to provide an equal opportunity for education. We further agree with the majority that article X of the Constitution recognizes public education as a state function and at the same time requires funding of public education by both the state and local governments. However the majority erroneously concludes that the school district financing…