Wisconsin among 16 states that, so far, refuse to sign anti-DEI certification requested by U.S. Department of Education

Yahoo

22-04-2025

Wisconsin's Department of Public Instruction won't approve a federal anti-DEI certification request, potentially putting state school districts' federal funding at risk.
Here's what we know:
On Feb. 14, the education department sent a letter to school districts nationwide as notice of its interpretation of illegal discriminatory practices, such as support programs for historically marginalized communities.
Then, on April 3, the U.S. Education Department announced it was requiring all state education leaders overseeing K-12 school districts to certify antidiscrimination obligations or risk losing federal funding.
The department requested state education commissioners, like Wisconsin's DPI Superintendent Jill Underly, to certify their compliance with Title VI, which prevents racial discrimination, and a 2023 Supreme Court decision, SFFA v. Harvard, that outlawed race-based affirmative action programs.
The department asserts that certain diversity, equity and inclusion programs violate antidiscrimination law.
The DPI raised concerns over the request, saying they appear "unlawful," but received no response from the education department to its questions.
The Department of Education said it could cut federal funding to any state or local education agency with DEI programs.
The U.S. education department accounts for $568.2 million in education funding, which is equivalent to over 6,100 educator jobs, according to DPI.
Overall federal funding to Wisconsin schools accounts for $842.9 million, which includes Department of Education funding as well as $273.6 million from the U.S. Department of Agriculture, which goes toward student meals.
Federal funding supports low-income schools, special education, free and reduced lunch and Head Start, which is already facing a major funding drop.
In the Milwaukee area, federal funds account for 2%-20% of total district funding, with Milwaukee Public Schools at 20%. Around Green Bay, federal dollars make up 4%-10% of total funding, and in the Fox Valley, those funds make up 3%-11%.
In Milwaukee: MPS could lose millions in funding if it doesn't abide by new federal guidelines
In Green Bay: 'Nonsensical': Green Bay schools cut inclusion in job descriptions under federal funding threat
In Appleton: How Fox Valley schools are changing their DEI messaging to avoid losing federal funding
The DPI announced April 18 it won't submit the certification, saying the Education Department hasn't responded to its questions and that the order lacked clarity and failed to follow procedure around imposing funding conditions.
But the DPI did submit certifications that every Wisconsin school district will comply with 'all applicable statutory and regulatory requirements,' such as Title VI, Title IX and FERPA, the Family Educational Rights and Privacy Act. Title IX protects students from sex discrimination, and FERPA is a student privacy law.
Those district certifications are submitted at the beginning of every school year, Underly said, and they show that the state upholds antidiscrimination law. Notably absent from the list was the SFFA v. Harvard affirmative action decision.
The DPI isn't collecting certifications from districts, so schools can't independently certify.
Underly said she spoke to several district superintendents, who all agreed with the DPI's decision.
'They also see the perspective that they're in compliance with the law already,' Underly said. 'They want to focus on doing what's best for kids and families.'
Wisconsin is one of 16 states that declined to certify the request as of April 18, according to EdWeek.
Sixteen states and Puerto Rico have said they intend to certify the request, and the rest haven't said.
Contact Green Bay education reporter Nadia Scharf at [e-mail] or on X at @nadiaascharf.
This article originally appeared on Green Bay Press-Gazette: Federal education funding at risk in anti-DEI certification request