A Wisconsin school district's plans to start an online public school this fall are being challenged in court by the state's teachers union.

The Wisconsin Connections Academy is a kindergarten through eighth grade virtual school that plans to educate about 300 children from their homes across the state under a charter granted by the Appleton School District.

But the state's teachers union, the Wisconsin Education Association Council (WEAC), has filed notice that it is challenging the legality of the Connections Academy. The notice is a necessary legal step before filing a lawsuit, which could come later this year.

The school plans to use teachers hired by Appleton and curriculum provided by a private company, Sylvan Ventures.

WEAC officials argue private companies and school districts could make major profits by supplying online education for much less than the state aid amount set for students who transfer under the public school open enrollment law.

"We are concerned that the Wisconsin statues do not permit this kind of school and enrollment that is being contemplated by the Appleton School District," said Lucy Brown, WECA's legal counsel.

At press time, 262 of Appleton's virtual school students would come from outside of the district and 22 students would come from within the district. WECA is concerned that the district could reap a huge profit by pocketing extra money built into the state's per-pupil funding for services such as teacher aides, school psychologists, janitors, nurses, and extra-curricular activities—all services unnecessary for an online school.

"State monies should not be used to fund things that are not there," Brown said.

The district would receive about $5,000 in state aid for each student in the program, said Linda Dawson, an Appleton assistant superintendent. About $2,000 will go toward paying the principal and six teachers, and about $3,000 will go to Wisconsin Connections Academy and Sylvan.

"No one's making a lot of money at this point," Dawson said.

Online schools are eligible for public money just like regular schools as long as they are run by a school district. The state's open enrollment law lets students attend any public school district in the state if there's space.

Virtual schools in other states—most notably Pennsylvania—have faced similar challenges. Last year, the Pennsylvania School Boards Association challenged the legality of that state's seven cyber charter schools in court, arguing the schools were educating mostly homeschooled children at the expense of local school districts.

The court dismissed the case, but handed the state's school districts a partial victory by saying districts should have the opportunity to question tuition bills sent to them by cyber charter schools.