The News: The Wisconsin Institute for Law & Liberty (WILL) filed a Title VI civil rights complaint with the Department of Education’s Office of Civil Rights (OCR) against the Green Bay Area Public School District (GBAPS) and specifically, King Elementary, for discriminating against a dyslexic student based on race.

Colbey Decker, a mom from Green Bay, Wisconsin, has a dyslexic son who has been denied reading resources because he is white. Not only does the GBAPS admit this practice through its “School Success Plan,” which explicitly says it prioritizes some racial groups over others, but this message was conveyed directly to Mrs. Decker by a school principal during an in-person meeting.

Mrs. Decker’s complaint comes at a pivotal moment because President Trump just ordered the U.S. Department of Education to direct all “local educational agencies that receive federal funds” to implement measures and practices” required to comply with the Constitution’s demand of colorblind treatment of all students. WILL has issued a report and called on the Trump Administration to investigate claims of race discrimination in K-12 schools, and we hope that this is the first case they resolve.

The Quotes: WILL Associate Counsel, Lauren Greuel, stated, “Our client’s son continues to lose valuable time in his educational development. It’s time for the GBAPS to adopt a color-blind policy for giving all kids access to important resources. We hope our appeal to the federal government will provide the catalyst needed to address this injustice.”

Additional Background: Mrs. Decker’s son was diagnosed with dyslexia in 2022, and they have sought support from the school ever since he enrolled in January 2024. Throughout 2024, Mrs. Decker repeatedly provided documentation and made formal requests for one-on-one reading interventions. In April 2024, Mrs. Decker’s son was placed on a wait list for reading intervention, albeit for a less intensive program, even though his needs clearly required more support. Learn more about her story here.

After WILL, sent a letter to the district on behalf of our client (Ms. Decker), the school requested a meeting with her and WILL attorneys. In that meeting, a school official unfairly interrogated Mrs. Decker, demanding that she identify specific students who were treated more favorably based on race. Such aggressive questioning was unfair, especially because Mrs. Decker has access to documentation for her son and information about his experience, but not district data. To date, no one at GBAPS has denied that they discriminate against students based on race, or taken down their websites admitting as much.

Our Call to Action: Ultimately, discrimination on the basis of race at GBAPS raises concerns that the district received federal funds in violation of Title VI, which declares that “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”

 Given the district’s blatant violation of constitutional and statutory guarantees, and the harm caused to all students including the benefits denied to Mrs. Decker’s son, WILL demanded the following actions by the district:

1. Rescind the discriminatory policy that prioritizes resources based on race.
2. Adopt a colorblind approach to resource allocation, ensuring that all students receive support based on individual need.
3. Provide immediate and adequate reading support to Mrs. Decker’s son, who has been unfairly excluded from the opportunity to receive necessary resources

Read more here:
Title VI Complaint, Filed January 2025