Several Wisconsin school districts comply with Trump administration’s DEI demands

Despite state education leaders’ opposition, several Wisconsin school districts plan to submit, or are considering submitting, documents to the Trump administration certifying the elimination of diversity, equity and inclusion programs.

This week, school boards in Watertown, Kettle Moraine, Johnson Creek, Hartland-Lakeside and Arrowhead held special meetings to discuss the certification.

The federal Department of Education gave school leaders until April 24 to sign a “reminder of legal obligations” acknowledging their federal money is conditioned on compliance with federal civil rights laws.

Tiffany Hawley, president of the Hartland Lakeside School Board, said the group voted unanimously this week to complete the certificate and send it to the Department of Education to ensure no federal funding would be lost.

“There was no controversy,” Hawley said. “We simply do not discriminate against anyone for any reason.”

On Thursday, a federal judge blocked Trump administration directives that threatened to cut federal funding for public schools with diversity, equity and inclusion programs.

The ruling came in a lawsuit brought by the National Education Association and the American Civil Liberties Union, which accused the Republican administration of violating teachers’ due process and First Amendment rights.

State Superintendent Jill Underly announced last week Wisconsin would not comply. Underly said the federal request had an “alarming lack of clarity,” and schools were already complying with civil rights laws. 

But Wisconsin is a local control state, giving school boards the authority to operate how they wish. 

The Wisconsin Association of School Boards said it has received a number of inquiries from boards and districts asking if there was anything they could do if they wanted to affirm that they are compliant with the requirements of the U.S. Department of Education certification request related to Title VI. 

The Education Department has threatened to cut federal Title I funds for districts not in compliance, leaving many districts uneasy.

This school year, Wisconsin received about $216 million in Title I funds. 

Title I funding provides financial assistance to schools and districts with a high percentage of students from low-income families.

Deputy Superintendent Tom McCarthy sent a memo to district administrators on Wednesday saying local educational agencies may choose to submit individual certifications directly to the Education Department’s Office for Civil Rights by the end of the day Thursday, but DPI would not be collecting copies. 

“Wisconsin schools are in compliance with the law and certify compliance with Title VI when accepting federal funds,” McCarthy wrote. “The DPI provided this certification to USDE on April 18. The purpose and potential ramifications of signing this USDE certification form are unclear, and the DPI strongly encourages you to coordinate with your legal counsel.”

In Johnson Creek, Superintendent Mark Gruen said the district is seeking legal advice. Gruen does not believe signing the certification is necessary. 

“I already know the law, I’m not going to break the law,” Gruen said. “It’s political grandstanding by a group that’s saying we want to have less intrusion on how you operate, but now asking us for more. It’s a conflicting message from the U.S. government, right?” 

But that’s not how school board member Christina Norby sees it. 

Norby believes this is a political fight between Underly and the federal government. 

“I think Underly would like all the schools to lose federal funding to make the federal government look bad so she can say she’s fighting for it back for political gain so she can go further in politics,” Norby said. “I’m not interested in a political fight. I would like to keep our federal funding.” 

Johnson Creek receives about $146,000 a year in Title I funding. 

Wisconsin was one of 14 other states, as of April 17, that declined to sign the recertification orders. 

The conservative law firm, Wisconsin Institute for Law and Liberty, or WILL, has also gotten involved. 

In a letter sent to DPI this week, WILL urged the state to reverse course and sign the certification form requested by the Department of Education. 

“DPI’s stated refusal to submit this certification is not only legally unsound, but also an abdication of its duty to the students and school districts it should be supporting,” the letter states. “Loss of these funds would not be a minor disruption—it would be a crisis. Services for students with disabilities, English language learners, and low-income families would be slashed.”