Wisconsin mom considers legal action against school district for allegedly implementing "problematic" race-based policy.
Colbey Decker alleges that her son has not received the necessary assistance because of his race.
A Wisconsin mother is considering taking legal action after her son was not given the extra learning support he required, allegedly due to language on the school's website stating that it prioritizes additional help for students based on race.
The Wisconsin Institute for Law & Liberty's attorneys argue that a policy in the Green Bay Area School District, which prioritizes reading support resources based on race, is unlawful and violates the U.S. Constitution and Title VI of the Civil Rights Act of 1964, on behalf of their client, Mrs. Colbey Decker.
"The letter states that Mrs. Decker's child, who has dyslexia, has received less favorable services because he is white. If he were Black, Hispanic, or Native American, he would have been treated more favorably and received different services."
Decker informed Planet Chronicle Digital that her son had been receiving individualized reading assistance in a different district and believed he would continue to receive it when he transferred to the current district in January 2024. However, he was placed on a waiting list for additional support.
She discovered the policy while browsing the school's website, as explained by Decker.
"I directly questioned them, 'Does he receive fewer services or is he less of a priority because he's white?' Decker stated. Although asking this question made me uncomfortable, I couldn't imagine anyone not receiving the services they deserve due to their skin color. To my surprise, the principal responded enthusiastically and explained the work they do in these priority groups."
The letter claims that the school's website states that the district's literacy policy prioritizes certain groups of students based on their race, namely Black, Hispanic, and Native American students, and that the school will intentionally work to educate these focus students, providing additional resources to First Nations, Black, and Hispanic students.
"According to multiple district employees, Mrs. Decker's son has been subjected to this policy, which is currently in effect."
The school website states that priority performance goals are established based on data that shows some student groups are being met better than others.
"By concentrating on a select group of high-performing students, we can enhance our teaching abilities and positively impact all students."
The district is requested to revoke the King Elementary School Success Plan and adopt a "colorblind approach" to resource allocation, while also providing "immediate and adequate support" to Decker's son, who has been unfairly denied access to essential resources.
"Cory Brewer, the will associate counsel, told Planet Chronicle Digital that seeing a policy that prioritizes resources based on race is morally and legally troubling. The law demands that all children be treated equally, regardless of their race, and there should be no special treatment based on skin color. The fact that this district is embracing the idea that they need to treat children differently based on race is problematic."
"The district must immediately rescind its discriminatory policy and adopt a colorblind approach to resource allocation, focusing on individual student needs. Additionally, we demand that the district provide Colby's son with the necessary resources without further delay. If the district fails to change its policy, the Wisconsin Institute for Law and Liberty will pursue legal action to protect the rights of Colbey's son."
The Green Bay Area School District responded to Planet Chronicle Digital's inquiry on Tuesday, stating that they are investigating the allegations in the letter from WILL but clarified that the District does not have a policy that includes the language mentioned in the letter.
"No District policy language exists and all such policies must be approved by the Board of Education."
The spokesperson emphasized that the language in the School Success Plan is designed to detail the school's objectives for ongoing improvement, but it does not constitute district policy.
Decker stated to Planet Chronicle Digital that other parents she has conversed with are "incredulous" when informed about the situation and every parent "desires their child to be treated fairly."
"When a parent or grandparent advocates for a child, their sincere hope is that the child is treated equally. However, when someone is a priority, it means that someone else's child has to be less of a priority. This is not the way most of America wants to move forward with education, according to Decker."
"I believe that many people desire us to view children solely as children, without regard for their race. Although my son is in the 17th percentile in reading in the state, there are children who perform better than him who are given more attention solely due to their skin color. I don't think most parents want this to happen in any educational setting."
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