The News: The Wisconsin Institute for Law & Liberty (WILL) has issued a warning to the Department of Public Instruction (DPI) and its Superintendent, Jill Underly, to comply with Title VI of the Civil Rights Act, or potentially lose federal funding. The U.S. Department of Education (ED) has set a deadline for Thursday, April 24th, and DPI has said they plan to disregard the Trump Administration’s request, which is causing a negative reaction from school districts who rely on these federal funds.
WILL’s Guidance to School Boards: WILL is building a coalition of districts that want to affirm compliance with federal non-discrimination laws and is encouraging them to reach out to ED directly to seek guidance on how to secure their federal funding.
The Quotes: WILL Education Counsel, Cory Brewer, stated, “If Underly doesn’t reverse course by the deadline today, Wisconsin school districts could lose access to critical federal funding. And when that happens, expect calls for more state funds from Wisconsin lawmakers, program cuts and even more referendums resulting in higher property taxes on hardworking Wisconsin families.”
Additional Background: Last month, the U.S. Department of Education asked all state education officials to certify compliance with Title VI, which prohibits discrimination based on race, color and national origin. As recently interpreted by the U.S. Supreme Court in Students for Fair Admission v. Harvard, Title VI prohibits schools from using race as a “negative” or “stereotype,” effectively prohibiting discriminatory DEI policies and programs, such as those programs that target only black or Native American students for special help. Title VI also prohibits “racial balancing,” which is the policy of attempting to sort students based on race or close schools or programs, as planned in Wauwatosa.
In response, Underly announced that Wisconsin’s Department of Public Instruction “will not sign or submit” the certification requested by the U.S. Department of Education. The reason? DPI claims the process circumvents rulemaking and infringes on local control. DPI even threatened litigation against the federal government and instead compiled and sent previously signed district-level assurances as a stand-in for the required form.
