"We remain confident Wisconsin schools and the DPI are in full compliance with the law," DPI Superintendent Jill Underly said in a statement. Underly at a rally in February. (Photo by Baylor Spears/Wisconsin Examiner)

The Wisconsin Department of Public Instruction is reviewing a request by the Trump administration that state education agencies ensure they aren’t using diversity, equity and inclusion programs — or risk losing federal funding. 

According to WisPolitics, state Superintendent Jill Underly said the agency is looking at the U.S. Department of Education’s “justification and authority to request sign off from Wisconsin schools on the federal agency’s political beliefs.” 

“Now more than ever, Wisconsin’s students, educators and schools need support – not threats of federal funding cuts that are vital to their success,” Underly said in a statement. “As we stated in February, we remain confident Wisconsin schools and the DPI are in full compliance with the law and remain committed to providing the best education possible for our students.”

In a letter, the Department of Education said that state agencies need to certify their compliance with Title VI of the Civil Rights Act and the responsibilities outlined in Students for Fair Admissions v. Harvard — the landmark Supreme Court decision that said race-based programs in higher education violate the Equal Protection Clause of the Fourteenth Amendment and effectively ended consideration of race in admissions programs. 

“Federal financial assistance is a privilege, not a right,” Acting Assistant Secretary for Civil Rights Craig Trainor said in a statement. “When state education commissioners accept federal funds, they agree to abide by federal antidiscrimination requirements. Unfortunately, we have seen too many schools flout or outright violate these obligations, including by using DEI programs to discriminate against one group of Americans to favor another based on identity characteristics in clear violation of Title VI.” 

The request comes as a part of President Donald Trump’s ongoing attack on DEI efforts across the country.

State agencies were given 10 days to collect certification from local education agencies and respond, according to the release. 

Underly, who was reelected to a second term this week, also urged state lawmakers Wednesday to invest in Wisconsin’s public schools amid the threat of funding cuts by the federal government.

“An unprecedented number of our school districts have been forced to turn to referenda, asking their communities to raise property taxes just to compensate for the state’s underfunding. On top of that, the Trump administration’s reckless cuts threaten the critical federal funding that Wisconsin schools depend on,” Underly said at a public hearing held by the Legislature’s Joint Finance Committee in Kaukana. Underly was not invited for an agency briefing before the committee, so she traveled to deliver her message at the public hearing.

Her requests for state investment include increasing the state’s special education reimbursement for schools, funding universal free school meals and investing in mental health supports for students.