Back to the Past: The Fiscal Threat of Reversing Wisconsin Act 10

Will Flanders:

Among the key findings of this report:

  • Student-teacher ratios have not been negatively affected by Act 10. The number of students per teacher in Wisconsin has stayed relatively constant at about 13.2 students per teacher.
  • The decrease of public sector unions has stabilized. While there was a substantial decline in the number of unions in the immediate aftermath of the passage of the law, recent declines have been far more moderate.
  • Restoring collective bargaining for teacher salaries could cost districts and the state nearly $650 million annually. This number is based on the difference in the rate of growth in teacher salaries observed from 2001-2011 compared to 2011-2021.
  • Eliminating employee contributions to retirement would cost districts and the state about $422 million annually. Based on inflation-adjusted comparison of retirement spending in 2009 versus 2022.
  • Eliminating employee contributions to healthcare would cost districts and the state about $560 million annually. Based on inflation-adjusted comparison of healthcare spending in 2009 versus 2022.
  • Numbers are conservative estimates of the total cost. This study does not take into account the costs to municipalities from repeal, nor the salary costs for non-teachers.
  • An end to Act 10 would likely lead to tough decisions for districts. One Superintendent we spoke with said that ending Act 10 would likely lead to a need for larger class sizes, cuts to popular programs, and an inability to offer higher compensation for high-demand teaching positions.

Few single pieces of state-level legislation have garnered as much attention and controversy in the 21st Century as Wisconsin’s Act 10. Passed by Republican Governor Scott Walker over the strong objections of Democrats, 3 the legislation introduced several important reforms to public sector unions around the state. Twelve years later, the legislation remains controversial. Supreme Court Justice Janet Protasiewiczelected to the Court in 2023—has said that she believes the legislation may be unconstitutional, 4 giving new hope to those who would like to see the law off the books. In November, seven unions representing teachers and other public sector workers filed a lawsuit with that goal. 5 But what would an overturn of the legislation mean for Wisconsin and its taxpayers?

In the last decade, WILL and others have conducted extensive research that helps to answer that question. In this paper, we review the existing work on what Act 10 has meant to the state and provide updated data in some of the areas we’ve examined previously. In the end, we find that overturning Act 10 could have a devastating effect on Wisconsin taxpayers, as well as the budgets of local school districts.

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Wisconsin’s Act 10, Flexible Pay, and the Impact on Teacher Labor Markets: Student test scores rise in flexible-pay districts. So does a gender gap for teacher compensation.

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