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Wisconsin education department pushes back on Trump administration DEI certification demands
By Lindsay Kornick, Alexa Moutevelis
Published April 10, 2025
The Wisconsin Department of Public Instruction (WDPI) may risk losing federal funding with its response to a certification requirement from the Trump administration on diversity, equity and inclusion (DEI) programs.
On April 3, the U.S. Department of Education gave K-12 schools nationwide 10 days to "certify their compliance with their antidiscrimination obligations in order to continue receiving federal financial assistance. Specifically, the Department requests certification of compliance with Title VI of the Civil Rights Act and the responsibilities outlined in Students for Fair Admissions v. Harvard."
"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 in a press release.
The U.S. Department of Education has ordered school districts nationwide to comply with federal executive orders on DEI. (Getty Images)
In response to the memo, the WDPI, under Wisconsin's State Superintendent Jill K. Underly, released a letter raising "several concerns" over the new certification.
The letter, written by General Counsel Benjamin Jones, said that the state already provides "certified assurances of compliance with federal law" including "federal statutes related to nondiscrimination."
"[A]t best, the Reminder and Request appears to be redundant," Jones wrote. "At worst, the Reminder and Request appears to be unauthorized, unlawful and unconstitutionally vague. We are deeply concerned that the Reminder and Request allows the federal bureaucracy to threaten the loss of crucial education funding in order to dictate local education agency policies and decisions on what is best for kids."
The Wisconsin department also sent a series of questions to the U.S. Department of Education "so that the WDPI can properly determine the appropriate response."
A press release about the letter said, "While it awaits a response, the DPI will not collect certifications from local education agencies and will not send the requested certification to the [U.S. Education Department]."
The Wisconsin Department of Public Instruction has requested more information from the Dept. of Education before making a response to its latest order regarding DEI. (iStock)
"We cannot stand by while the current administration threatens our schools with unnecessary and potentially unlawful mandates based on political beliefs," Underly said in the release.
Fox News Digital reached out to WDPI for comment.
Trainor told Fox News Digital Thursday, "The Department of Education’s request that all SEAs and LEAs certify their compliance with federal antidiscrimination laws is not controversial: when schools agree to receive federal funding, they are legally obligated to comply with civil rights statutes, which have been the law of the land for decades. For too long, this compliance has been a ‘check-the-box’ exercise for states. The Trump Administration will not allow these practices to continue consequence-free any longer."
The New York Education Department took issue with the same memo last week, arguing it had already complied with orders on DEI.
"The New York State Education Department has consistently certified, on multiple occasions, that it does and will comply with Title VI of the Civil Rights Act of 1964," New York Education Department spokesperson JP O'Hare told Fox News Digital.
"Given the fact that USDOE is already in possession of the guarantees by NYSED, no further certification will be forthcoming," O'Hare continued. "The Board of Regents and State Education Department continue to work with New York’s schools to increase equity, access, and opportunities in education for all New York State students."
The New York State Education Department appeared to defy the Trump administration's orders in a letter on Friday. (Getty/AP)
The New York Times reported on Friday that Daniel Morton-Bentley, the deputy commissioner for legal affairs at the New York State Education Department, signaled it would defy the most recent order by claiming "there are no federal or state laws prohibiting the principles of DEI."
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