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A Wisconsin mother is considering legal action in defense of her son who she alleged was discriminated against at a legacy-crushing elementary school.

Dr. Martin Luther King Jr.’s iconic speech on the National Mall famously dreamt of judgment on the content of character and not the color of one’s skin. Such was not the case at a Green Bay Area School District school named after the civil rights leader according to the mother of a dyslexic child who alleged her son was waitlisted for help because he is white.

“Mrs. Decker’s child, who suffers from dyslexia, has received different (and less favorable) services because he is white,” a letter from the Wisconsin Institute for Law & Liberty to the school read, as reported by Fox News. “If he was Black, Hispanic, or Native American, Mrs. Decker’s son would have been treated more favorably and received different services.”

Representing Colbey Decker, WILL contended that the King Elementary Children’s Center for Engineering was in violation of Title VI of the Civil Rights Act of 1964 due to their Success Plan that favored “priority groups” in offering services.

After receiving one-on-one help, Decker had assumed that would continue after moving to the current district in Jan. 2024, but was instead twice waitlisted to have her son entered into a group rather than the individual attention he was said to need.

“I asked them point blank,” the mom told Fox News Digital, “does he receive less services or is he less of a priority because he’s white? And even asking that question made me extremely uncomfortable because to think that someone isn’t getting the services they deserve because of the color of their skin is just horrifying. So the principal did respond to me, and much to my surprise, he was very excited to explain to me the work they do in these priority groups.”

The letter from WILL alleged the “district’s literacy policy established ‘priority groups’ race–namely, Black, Hispanic, and Native American students–and states that the school will conduct intentional work educating our focus students, prioritizing additional resources to First Nations, Black, and Hispanic students.”

“This policy is in effect and has been applied to Mrs. Decker’s son, according to multiple district employees,” it continued as she asserted that her child, in the 17th percentile, was being overlooked by students with better performance because of the color of his skin.

Posted online, the Success Plan stated, “Priority performance goals are established based on data that shows us we are meeting the needs of some student groups better than others.”

“Focusing on a priority performance group of students will elevate our skills as educators and ultimately benefit all students,” it argued further.

“Seeing a policy that explicitly prioritizes resources based on race is really troubling, both morally and legally,” WILL associate counsel Cory Brewer told Fox News Digital. “The law demands that Colbey’s son and any child be treated equally to other children, regardless of their race. There should not be special treatment based on skin color. And the fact that this district is embracing the idea that they need to treat children differently based on race is really problematic.”

With legal action under consideration, the letter sought “immediate and adequate support” for Decker’s son “who has been unfairly excluded from the opportunity to receive necessary resources,” and called for a “colorblind approach” moving forward.

“There’s no reason it should be taking this long for him to get that support,” said Brewer. “If the district does not change its discriminatory policy, the Wisconsin Institute for Law and Liberty will pursue all legal avenues to protect the rights of Colbey’s son.”

In their statement on the matter, the Green Bay Area School District told Fox News Digital, “The District received the letter from WILL yesterday and we are investigating the allegations. However, we can state unequivocally that the District does not have a policy that includes the language included in the letter.”

“All District policies must be approved by the Board of Education and no such policy language exists,” the district argued.

Kevin Haggerty
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