By Jennifer Eisenbart
Editor
After seeking clarification from the U.S. Department of Education related to Title VI compliance requirements and not getting a response, the Wisconsin Department of Public Instruction declined the USDE certification request.
In the news release the department issued April 18, the DPI cited an “alarming lack of clarity, failure to follow federal procedures and a direct threat to local control of Wisconsin’s schools,” adding that it would not sign or submit a recent certification issued by the USDE.
“We will always do what is best for kids,” State Superintendent Dr. Jill Underly said. “Wisconsin’s schools are already following the law, and we’ve put that into writing to the USDE. We believe in local control in Wisconsin and trusting our local leaders – superintendents, principals, educators – who work together with parents and families every day to support students. They know their communities best.
“Washington, D.C. should not dictate how schools educate their kids,” she added.
Initial request
The request for compliance came April 3 from the USDE, saying that state education agencies needed to certify compliance with anti-discrimination obligations to continue receiving federal financial assistance.
In particular, the demand cited the Trump Administration’s battle against Diversity, Equity and Inclusion efforts. The administration has repeatedly cited that these efforts culminate in a situation that ends up discriminating against those who DEI does not include.
“Unfortunately, we have seen too many schools flout or outright violate these obligations, including by using DEI programs to discriminate against one group of Americans to favor another based on identity characteristics in clear violation of Title VI,” Acting Assistant Secretary for Civil Rights Craig Trainor said on April 3.
On Feb. 14, the Office for Civil Rights issued instruction that educational institutions receiving federal funds must “cease using race preferences and stereotypes as a factor in their admissions, hiring, promotion, scholarship, prizes, administrative support, sanctions, discipline and other programs and activities.”
While local school administrators questioned what the edict meant – or flat-out stated their respective district was in compliance because they participated in no DEI hiring – the DPI asked for clarification April 9, saying that the request from the USDE “potentially violates required procedural steps, is unnecessarily redundant, and appears designed to intimidate school districts by threatening to withhold critical education funding.
“The DPI also expressed that the request restricts Wisconsin schools’ ability to make locally informed decisions that best serve their students,” the release went on to say. “Given these concerns, the DPI has asked the USDE for clarification on both the intent and legality of the certification request. While it awaits a response, the DPI will not collect certifications from local education agencies and will not send the requested certification to the USDE.”
In the April 18 update from the Wisconsin DPI, the department said it did not receive a response from the USDE.
“Despite repeated requests, the DPI has received no response from the USDE,” the release said. “In addition, the process of imposing new grant conditions requires notice and rulemaking procedures, and new data collection efforts requires compliance with federal law – something that did not happen.”
The letter to the USDE reads:
“This letter is the Wisconsin Department of Public Instruction’s (WDPI) final response to the U.S. Department of Education’s (USDE) April 3, 2025, Request for Certification (the Request). Enclosed are signed, certified assurances from each of the 460 local educational agencies (LEAs) in the State of Wisconsin. Each LEA has certified it will comply with all applicable statutory and regulatory requirements, including, but not limited to, applicable provisions of Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and the Family Educational Rights and Privacy Act (FERPA).
“If the certified assurances are insufficient to meet the conditions of federal funding imposed by USDE, please articulate the basis in law for imposing these conditions, as well as an explanation as to why these assurances do not fulfill those requirements,” the letter stated.
Local response
Elkhorn Area School District Superintendent Jason Tadlock expressed his frustration with what he considered two different entities playing politics while school districts suffer.
“Is there still a U.S. Department of Education?” Tadlock asked in an initial response for comment April 21. He did add more comments later in the day, saying the district was certified with the state, and he had contacted the USDE himself to ensure they were in compliance.
“That’s when schools get caught in the middle of both sides playing politics,” he said. “Of course we don’t discriminate against students. We are in compliance.”
As of press time, requests for comments from Westosha Central and Delavan-Darien school districts had not been received.
