Elementary Student Denied Learning Assistance Due To Race, Complaint Alleges

A Wisconsin elementary school denied a dyslexic student extra learning resources due to a policy that prioritized nonwhite students, a complaint letter alleges.

King Elementary School in the Green Bay Area Public School District has a racial “priority” list that determines which students receive additional learning resources, according to the complaint letter sent to the school Monday on behalf of the child’s parent. The school prioritizes “First Nations, Black, and Hispanic students,” according to a publicly available “success plan” available on its website.

“The law demands that our client son be treated the same as any student regardless of race, and there should not be any special treatment to children based on skin color,” Cory Brewer, education counsel for the Wisconsin Institute for Law & Liberty (WILL), who represents the case, told the Daily Caller News Foundation. “This is very clear in federal law and in our Constitution, and the district is obviously in violation of this.”

The school’s policy is not only unconstitutional but could have devastating consequences for students.

“Our client’s son was wait-listed for literacy resources for almost a year, and when he finally did get help, it was in a small group setting instead of one-on-one,” Brewer told the DCNF. “Now that he hasn’t received the support he deserves, you can’t get that time back, and that’s why we’re asking the district to immediately ensure that he’s treated fairly and that all students in the district are treated fairly.”

Brewer said the student’s learning was negatively impacted in all subjects.

In a meeting with the student’s mother, Colbey Decker, the school’s principal never denied the racial priority policy, Brewer told the DCNF. The principal also confirmed the school’s commitment to priority groups in an email sent to Decker.

“We know these types of policies and practices are happening across the country, but it is not always the case that they are in writing,” Brewer said. “I would recommend to parents, grandparents, anyone looking into this, to be mindful about whether it’s in writing or not, whether students are being treated as individuals or as part of a racial group.”

A Missouri school district was hit with multiple civil rights complaints in October over tutoring services and scholarship opportunities that were only open to nonwhite students. Similar instances have previously been reported from schools across the U.S.

“I would love to see the district rescind this policy and adopt a colorblind approach to resource allocation, focusing on helping students that need help,” Brewer told the DCNF. “If they don’t do that, we’re willing to pursue legal action. So we hope that this is a reminder that equality under the law is not optional.”

Brewer said she hopes the future administration will encourage compliance with civil rights laws and put an end to racial discrimination in schools.

“We’re hoping, with the Trump administration coming in, we have an opportunity for Title IV to be enforced in a way that ensures all individuals are treated fairly,” Brewer said. “The previous administration made it clear through their actions that they don’t intend to address racial discrimination in that way, and WILL has actually sued the Biden administration many times for that reason.”

Diversity, equity and inclusion (DEI) practices that prioritize certain races over others have been unraveling in recent weeks, with several major corporations and universities moving to dismantle their programs. (RELATED: DEI Does Not Improve Outcomes For Black Students, Study Finds)

King Elementary’s principal and the Green Bay Area Public School District did not immediately respond to the DCNF’s request for comment.

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