MADISON, Wis. (CN) — The Wisconsin Department of Public Instruction said on Friday that it will not submit a certification request issued by the U.S. Department of Education, which leverages federal funding for schools against President Donald Trump’s mission to eradicate DEI.
The U.S. education department sent letters to the states on April 3 requiring them to certify their compliance with “antidiscrimination obligations” in order to continue receiving federal funds for K-12 schools.
This recent certification request is in addition to the regular certifications that Wisconsin’s public instruction department collects from schools across the state and submits to the federal government as required by the Elementary and Secondary Education Act, according to a letter the department sent to its federal counterpart.
The Wisconsin instruction department sent a letter in response to the request on April 9, stating that the request was redundant and “unauthorized, unlawful and unconstitutionally vague.” The Wisconsin department asked for clarification on the purpose of an additional certification, and what legal grounds the federal government has to make this new certification request required for continued funding.
The federal education department did not respond to that letter, according to Wisconsin Superintendent Dr. Jill Underly.
On Friday, absent any clarification, the state instruction department formally declined to answer the April 3 certification request and reiterated the compliance of all 460 local education agencies in the state with Title VI, Title IX and the Family Educational Rights and Privacy Act.
The letter again asked the federal department to explain the legal basis for the request and an explanation as to why the state’s previous certification — which it says it submits annually — does not fulfill the requirements.
“Without a clear process and rules, this newly designed certification is a path for the federal government to directly control the decisions in our schools by conditional federal dollars,” Dr. Underly said in a statement. “This is a serious concern — not just for the DPI, but for anyone who believes in lawful, transparent government.”
The federal education department’s request cites the recent U.S. Supreme Court decision in Students for Fair Admissions v. Harvard, which said that race-conscious admissions policies violated the Equal Protection Clause of the 14th Amendment.
The department says that the certification is intended to ensure that schools are in compliance with the responsibilities outlined in that case, as well as Title VI broadly.
“Federal financial assistance is a privilege, not a right,” Craig Trainor, acting assistant secretary for civil rights, said in a statement accompanying the request. “We’ve seen too many schools flout these obligations, including by using DEI programs to discriminate against one group of Americans to favor another.”
The certification document clearly outlines a requirement to do away with Diversity, Equity & Inclusion programs, and even posits that the use of “illegal DEI practices” could result not just in termination of federal funding, but in litigation from the Department of Justice.
This is the latest attempt to eliminate DEI policies across the country. In February, the department issued a “dear colleague” letter to colleges and universities warning them to do away with DEI policies and comply with the opinion in SFFA v. Harvard. The letter went as far as to suggest that education on race and racism in the United States is unlawful.
“Educational institutions have toxically indoctrinated students with the false premise that the United States is built upon “systemic and structural racism” and advanced discriminatory policies and practices,” the letter states. “Proponents of these discriminatory practices have attempted to further justify them under the banner of DEI.”
Underly said in a statement to school administrators that the decision not to re-certify was not made lightly and encouraged them to coordinate with legal counsel to prepare for what may be next.
The National Education Association of New Hampshire and the ACLU filed an emergency motion to block the certification requirement in March after the federal education department issued the dear colleague letter. To avoid injunction, they struck an agreement that the federal department would not take action on the requirement until April 24, which gives schools a bit of breathing room while the challenge progresses in court, according to a statement from the ACLU.
Underly says the agreement doesn’t change anything for Wisconsin: “We believe in local control in Wisconsin and trusting our local leaders… Washington, D.C. should not dictate how schools educate their kids.”