The News: The Wisconsin Institute for Law & Liberty (WILL) is threatening legal action against the Wauwatosa School District (WSD) and its Superintendent after they announced plans to shut down the Wauwatosa STEM School, currently ranked the third-best elementary school in Wisconsin by U.S News and World Report.  

Additionally, WSD plans to close other STEM-specific programs and opportunities district-wide because the programs are too white. Federal law and the U.S. Constitution prohibit school districts from implementing policies to “racially balance” student populations. WILL is prepared to bring a civil action against the district to protect the constitutional rights of parents and students. 

The Quotes: WILL Deputy Counsel, Dan Lennington, remarked, “Around the country, woke school boards are closing schools and shifting programs because they don’t like the racial makeup. This is illegal and immoral race discrimination. Tosa should resist this plan or face the consequences.” 

Additional Background: According to the district website, a task force is proposing to fix several “challenges” and “concerns” in the district, including the fact that in certain programs and schools, the “student population [ ] not as diverse as the District’s overall population.” This is just code for race, and the district’s desire to shift around students to have a preferable balance.  

Making recommendations on which programs to offer and which schools to operate based on the racial demographics of the students using those programs violates the constitutional guarantees of equal protection. Title VI asserts that all students must be treated equally, without regard to race. 

As it has done in the past, WILL is prepared to engage in a civil action against the district, administrators, and school board members if this plan continues. WILL stands ready to defend the constitutional rights of students and parents while also supporting their educational opportunities and high-achieving programs. 

Read More:  

• Letter, October 2024