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Supporting Wisconsin Schools

Supporting Wisconsin Schools and Students Amid Recent Executive Orders: Key Updates and Resources 

You are likely aware that new executive orders are being issued by the president frequently targeting K-12 education. As previously stated in the January 24 Ed Leaders Dispatch, the DPI is actively working on analyzing the various executive orders signed by the president and determining how they could impact the work of the agency and of Wisconsin schools and libraries.  

The work of the DPI and schools is grounded in and supported by state statute and federal requirements and is not superseded by an executive order. We will not be distracted by political rhetoric that attempts to remove our focus from providing students with what they need in our schools and libraries. 

We encourage you to work with your boards and communities to have a plan in place that supports all kids.  

Find the DPI’s previous communication regarding the executive order on citizenship here. 

This communication includes the following information: 

Update on memo calling for the freezing of federal funds 

You have likely seen the update that the federal Office of Management and Budget has rescinded the order to pause federal grants and funding activities, essentially canceling the original memo.   

The DPI is relieved this order was rescinded so that we can appropriately focus on carrying out our responsibilities. We continue to monitor the situation and will share any new updates or information as confirmed information becomes available. 

General information on recent executive orders 

The executive order on “ending radical indoctrination in K-12 education” includes definitions of terms and directs several federal agencies to submit an initial concept for a plan to eliminate federal funding that “contributes directly or indirectly to discriminatory equity ideology” in 90 days. That does not mean that any federal funding is eliminated in 90 days; it is a deadline by which several federal agencies must submit an initial concept for a plan. 

Currently, there is no direct impact on the work or funding of the DPI, schools, and libraries. 

As noted by recent NAEP results, the communities targeted in these orders are the very communities that need the most support. This further solidifies the DPI’s commitment to providing the necessary support for all students without disruption. We will continue to respect the local rights reserved to each school district, each school participating in the Choice programs, and private schools. 

The executive order “expanding educational freedom and opportunity for families” directs the U.S. Department of Education to issue guidance within 60 days regarding how states can use federal formula funds to support K-12 educational choice initiatives. All federal agencies are directed to provide an analysis within 90 days of how federal discretionary grants may be leveraged to support K-12 educational choice initiatives. While the federal government has the authority to determine the amounts of federal funds that go to schools, the Wisconsin state legislature has the authority to determine the amounts of state funds that go to schools. State funds are by far the largest fund source for Wisconsin schools and districts.  

The purposes for the use of federal education funds are to supplement state funds and stated in numerous places throughout federal law. Federal funds target those students who are the most in need, such as learners with IEPs and learners experiencing poverty. In Wisconsin, those funds are used to provide interventions, supports, school and community nutrition programs, and many other things. The Wisconsin legislature will shortly begin the process of developing a state budget, which will include funding for schools.  

Legal rights and responsibilities

Below are legal rights and responsibilities that you and your learners continue to have, despite the recent executive orders. 

  • A learner has the right to receive a free and appropriate public education (14th Amendment of the U.S. Constitution). 
  • All learners have the right to an education without bullying, discrimination, or harassment based on a child’s membership in a protected class (Wis. §118.13). 
  • Schools have the legal responsibility to address discrimination or harassment that targets a child’s membership in a protected class (Wis. §118.13).  
  • “Sex” and “sexual orientation” remain codified in Wis. §118.13 as a protected class.   
  • The United States Court of Appeals for the Seventh Circuit - which has federal appellate jurisdiction over Wisconsin - recognizes gender identity as a protected class under federal law. See Whitaker v. Kenosha Unified School District, 2017; A.C. v. Metro. Sch. Dist. of Martinsville, 2023. A decision issued by a federal court cannot be overturned by an executive order. 
  • With limited exceptions, schools may not turn over personally identifiable information to police, federal agents, or immigration officials without written consent from the parent or caregiver unless a warrant or subpoena is presented that specifies the individual by name and the information being requested (Wis. §118.125).  
  • There is no change to how Wisconsin law defines protected classes in Wisconsin and how those protections apply to each learner and educator. 

Resources to support learners

Schools and classrooms must be supportive spaces for all learners. We know what works to prevent mental health challenges and suicide – the presence of adults who affirm and support learners. 

LGBTQ+ (lesbian, gay, bisexual, transgender, and other/questioning) students, Black, Indigenous, and People of Color (BIPOC) students, and especially those students who live at the intersection of those identities, experience significant disparities compared to their peers. The latest national and state data show a mental health crisis as a result of a lack of support for these students. 

Trauma sensitive practices to support all learners, families, and educators

As referenced in the January 24 edition of Ed Leaders Dispatch, the DPI’s Student Services Prevention and Wellness team offers resources to support trauma-sensitive schools, including guidance on building relationships, fostering cultural responsiveness, and integrating social-emotional learning. These tools can be accessed here on the DPI’s website. 

The Compassion Resilience Toolkit offers practical strategies to help educators build emotional resilience, maintain empathy, and foster supportive environments for themselves and their students. 

Incorporating these approaches, alongside general trauma-sensitive practices, can help address the immediate and long-term needs of impacted students. By adopting strategies like those outlined in the Compassion Resilience Toolkit, schools can empower students, support staff, and foster thriving communities. For questions or additional support, please contact us at dpisspw@dpi.wi.gov. 

State Superintendent’s statement on recent executive orders

State Superintendent Dr. Jill Underly made a public statement on behalf of the DPI earlier this week, including these comments: “We expect the federal government to live up to its legal obligations to support the decisions of Wisconsin school boards, families, and educators, who are making them in the best interests of their communities. We will continue to reject any federal directives that threaten the well-being and rights of the communities we serve.” 

Thank you for your patience and understanding during this time and for all you do each day to serve Wisconsin.