Wisconsin Superintendent of Public Instruction Jill Underly is taking a defiant stance against a new directive from the Trump Administration, setting the stage for a major legal and political clash over the future of diversity, equity, and inclusion (DEI) programs in public schools.
At the center of the dispute is an April 3 directive from the U.S. Department of Education (DOE), which instructed state education agencies across the country to certify that their schools are in full compliance with federal civil rights laws—specifically Title VI of the Civil Rights Act of 1964 and the recent Students for Fair Admissions v. Harvard Supreme Court decision. The Trump administration argues that DEI initiatives often violate these laws by treating students or staff differently based on race, and that such practices must be eliminated.
The Department’s message was blunt: schools that do not submit signed certifications within the required timeframe—originally ten days, now extended to April 24—risk losing their federal funding. That includes Title I dollars, which support schools serving low-income students. In Wisconsin alone, these funds total roughly $216 million for the 2024–25 school year, with $82 million going directly to Milwaukee Public Schools.
Underly and the Wisconsin Department of Public Instruction (DPI) are not backing down. In a statement released Wednesday, DPI announced it will not collect certifications from school districts nor send any documents to the federal government until it receives more legal clarification. The department said the request appeared “unnecessarily redundant,” possibly unlawful, and seemingly designed to intimidate districts.
“We cannot stand by while the current administration threatens our schools with unnecessary and potentially unlawful mandates based on political beliefs,” Underly said. “Our responsibility is to ensure Wisconsin students receive the best education possible, and that means allowing schools to make local decisions based on what is best for their kids and their communities.”
The DOE, led by Secretary Linda McMahon, has not provided a detailed definition of what constitutes a DEI violation. However, in a follow-up FAQ document, the Department stated that schools must “cease using race preferences and stereotypes” in any area, including admissions, hiring, and scholarships. The DOE clarified that historical observances such as Black History Month are still permitted—as long as they do not involve racial exclusion or preferential treatment.
The Wisconsin DPI had previously warned schools to take a “measured and thoughtful approach” when responding to the Trump Administration’s DEI crackdown. But the April letter significantly raised the stakes by threatening to withhold federal funds, forcing state leaders to either comply or risk massive financial losses.
Education advocates warn that the potential loss of Title I funding could have devastating consequences for Wisconsin’s most vulnerable students. These federal dollars support critical services such as reading and math intervention, staffing for under-resourced schools, and after-school programming.
Critics of the Trump administration’s move say the order is less about legal compliance and more about dismantling programs designed to promote diversity and inclusion in schools. Supporters argue the government is simply enforcing civil rights law as interpreted by the Supreme Court and ending what they view as race-based discrimination under the DEI banner.
With legal ambiguity, political tension, and hundreds of millions of dollars on the line, Wisconsin may now become ground zero in the national battle over race, education, and federal authority.
