Wisconsin schools will not comply with a directive from the Trump administration to eliminate diversity, equity and inclusion (DEI) programs until districts have more information, state superintendent Jill Underly said Wednesday.
On April 3, the U.S. Department of Education released a directive asking schools to sign a letter acknowledging they are following the government's interpretation of civil rights laws, which include the removal of DEI programs. Schools were given 10 days, since extended to April 24, to comply or risk losing Title I funding.
Underly requested clarification from the U.S. Department of Education on the intent and legality of the directive, arguing it is unnecessarily redundant and “appears to be unauthorized, unlawful, and unconstitutionally vague.”
“We cannot stand by while the current administration threatens our schools with unnecessary and potentially unlawful mandates based on political beliefs," Underly said in a statement Wednesday. "Our responsibility is to ensure Wisconsin students receive the best education possible, and that means allowing schools to make local decisions based on what is best for their kids and their communities.”
The Department of Public Instruction’s (DPI) legal counsel Benjamin Jones compiled a list of concerns, including if the demands made by the directive exceeded previous federal law requirements, and requested clarification on which specific grants and programs are being looked at.
The DPI already complies with the law, Jones said.
In February, K-12 education agencies including the Wisconsin DPI received a letter from the U.S. Department of Education ordering institutions to eliminate DEI-related initiatives based on the claim that they violate Title VI of the Civil Rights Act of 1964, the Equal Protection Clause of the U.S. Constitution and a 2023 U.S. Supreme Court ruling on race-based college admissions.
Education Secretary Linda McMahon has not defined the administration’s stance on what a violation of civil rights law is.
The U.S. Department of Education recently clarified their interpretation of the U.S. Supreme Court’s decision in June 2023 overturning affirmative action. The court ruled the use of race in admissions processes is unconstitutional, but racial classifying and assigning students is lawful if it presents a compelling interest, which it defines as remediating instances of past unconstitutional discrimination or avoiding imminent risks to safety.
In a related document, the federal government reported that schools were permitted to engage in historical observances like Black History Month “so long as they do not engage in racial exclusion or discrimination.”
On Feb.12, Assembly Speaker Robin Vos, R-Rochester, condemned race-centered DEI at a Center for Research on the Wisconsin Economy event, advocating for conservative voices to be uplifted at the University of Wisconsin-Madison.
State Rep. Francesca Hong, D-Madison, of the Assembly Committee on Education, said the possible funding cuts to schools would harm families and students, particularly in smaller and more rural communities, according to WPR.
“It is truly cruel and inhumane to make the condition of federal funding pitting students against one another,” Hong said. “I am confident that the Department of Public Instruction is in full compliance of federal requirements to receive federal funds.”
