Wisconsin’s education department won’t sign or submit documents to the Trump administration certifying the elimination of diversity, equity and inclusion programs, state Superintendent Jill Underly told WPR on Friday.
Underly previously asked the U.S. Department of Education for clarification on both the intent and legality of an April 3 directive that schools sign a letter acknowledging they’re following the government’s interpretation of civil rights laws.
States were given 10 days to do so or be at risk of losing Title I funding. The federal government later extended the deadline to April 24.
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The recertification order argues that diversity, equity and inclusion programs violate civil rights laws, but it doesn’t clearly define what such violations look like.
On Friday, Underly said her questions were never answered, and she found an “alarming lack of clarity” in recertification directives.
The Wisconsin Department of Public Instruction on Friday sent a letter to the U.S. Department of Education reaffirming the state’s 460 local educational agencies are in compliance with federal law.
“What’s really at the root of all of this is that they shouldn’t be dictating how schools in Wisconsin are educating their kids,” Underly said. “We trust our local leaders, superintendents, principals, boards to work closely with families and make the best decisions for their students.”
The decision could put school districts at risk of losing federal dollars, which make up about 10 percent of DPI’s budget.
This school year, Wisconsin received about $216 million in Title I funds. About $82 million of that money went to Milwaukee Public Schools.
Title I funding provides financial assistance to schools and districts with a high percentage of students from low-income families.
Underly said in this biennial budget year, she hopes the Legislature will provide more funding to public schools for special education, literacy and mental health.
She said the decision to push back on the Trump administration was not made in haste.
“I could not in good conscience sign a new certification because we’re already in compliance with the federal law, and we’ve reaffirmed that with the U.S. Department of Education,” Underly said.
Skylar Croy, associate council for the conservative Wisconsin Institute for Law and Liberty, said DPI is picking a potentially dangerous fight with the Trump administration.
“Getting the federal funding pulled is going to hurt a lot of people and a lot of families,” Croy said. “Sure, they can try to fight a legal battle to get that funding back, but in the interim it does have the potential to be very damaging. And if there is one thing we have seen from the Trump administration so far is it will follow through on threats to pull funding.”
Wisconsin joins 14 other states that have declined to sign the recertification orders as of April 17. Sixteen states and Puerto Rico have said they intend to certify.
On Feb. 14, the U.S. Department of Education sent a “Dear Colleague” letter giving educational institutions 14 days to eliminate diversity initiatives or risk losing federal funding.
At that time, the state DPI issued guidance to school districts encouraging a “measured and thoughtful approach, rather than immediate or reactionary responses to the federal government’s concerns.”
Secretary of Education Linda McMahon has not clearly defined what the administration considers a violation of civil rights law. The February letter said institutions must “cease using race preferences and stereotypes as a factor in their admissions, hiring, promotion, scholarship.”
In a related document addressing frequently asked questions about how the administration would interpret Title VI of the Civil Rights Act of 1964, the agency said: “Many schools have advanced discriminatory policies and practices under the banner of ‘DEI’ initiatives.”
The document went on to say 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.”
More information on how federal funding is affecting Wisconsin schools can be found here.
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