State Superintendent Jill Underly today said DPI rejected the U.S. Department of Education’s demand to certify that K-12 districts aren’t using federal funding to favor certain groups as the Trump administration seeks to cut off DEI programs.

Instead, the Department of Public Instruction sent previously signed assurances from school boards affirming their compliance with federal law.

“We always want to do what’s best for Wisconsin’s kids, and this particular issue is really about local control,” Underly told WisPolitics. “Wisconsin schools are already following the law, and so that’s what we put in writing to the U.S. Department of Ed in a letter, because they shouldn’t be dictating how schools from Racine to Green Bay or Ashland are educating their kids.” 

Underly said DPI is exploring the possibility of legal action if federal funding is cut off, noting ongoing lawsuits across the country challenging President Donald Trump’s directives. Wisconsin schools currently receive about $841.9 million from the federal government, 8% of school funding in the state.

The Trump administration has sought to crack down on diversity, equity and inclusion programs, which it argues illegally discriminate against certain groups of people by favoring others.

The U.S. Department of Education sent letters to state education agencies earlier this month giving them 10 days to submit signed certifications stating they aren’t using federal money for DEI programs in order for schools to keep receiving the funding. The 10-day deadline was later extended to Thursday, less than a week from today. 

DPI on April 9 sent a letter to the U.S. Department of Education seeking more information about the “legality and intent” of the request but never received a response. 

Underly said the state will have to “step up” to fund public schools in the budget if federal funding is cut. 

“They have to fund special education, they need to invest in our teachers, they need to provide meals for all kids at no cost and address the mental health crisis. I mean, those are the programs that, you know, we rely on federal dollars for,” Underly said. 

Wisconsin joins the state of New York in declining to sign the certifications at the administration’s request.