Sumi, however, denied the restraining order request, saying she was not convinced the district's argument would succeed as the suit moved through the legal system.

Sumi said there was not enough evidence to show the work stoppage is a strike under state law. She said the district made a more compelling argument that it has suffered irreparable harm in lost classroom time, but that also fell short.

In court, MTI lawyer Lester Pines argued it was not a strike because the union made no demands against the district, a requirement for a strike under state law.

Instead, he said, teachers were exercising their First Amendment right to express their feelings about Gov. Scott Walker's plan to limit collective bargaining.

"To do so they may be subjecting themselves to discipline, to having their pay docked, but they are making that choice individually," Pines argued.

District lawyer Dylan Pauly argued state law requires the lost classroom time to be made up, and that will be expensive for the district.

Nerad said in the interview the district is still developing a plan for making up class time. He also said the district has incurred costs during the work stoppage, but the amount hasn't been tabulated.