FIRST ON FOX: A Wisconsin parent is mulling legal action over a situation where she alleges her son was passed over being given the extra learning attention he needed due to language on the school’s website that says it prioritizes additional help for students based on race.

Attorneys for the Wisconsin Institute by Law & Liberty to the Green Bay Area Public School District, argue on behalf of their client, Mrs. Colbey Decker, that a “troubling” and “unlawful” policy in the district “explicitly prioritizes reading support resources based on race, thereby violating the U.S. Constitution and Title VI of the Civil Rights Act of 1964,” according to a letter obtained by Fox News Digital.

“Mrs. Decker’s child, who suffers from dyslexia, has received different (and less favorable) services because he is white,” the letter states. “If he was Black, Hispanic, or Native American, Mrs. Decker’s son would have been treated more favorably and received different services.”

Decker told Fox News Digital that her son had been receiving one-on-one reading services in another district and that she assumed he would continue receiving that when he moved into the current district in January 2024 but that he was waitlisted for that additional help. 

NEARLY ALL FORTUNE 500 COMPANIES STILL MAINTAIN CORPORATE DEI COMMITMENTS: REPORT

Decker explained that she learned of the policy while looking at the school’s website.

“I asked them point blank, does he receive less services or is he less of a priority because he’s white?” Decker said. “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 alleges, citing the school’s website, that the “district’s literacy policy establishes ‘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.”

SCHOOLS ACROSS COUNTRY DISBANDING DEI PROGRAMS IN DROVES; EDUCATION EXPERT EXPLAINS WHY

The language on the school website also states next to an asterisk at the bottom of the page that, “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.”

The letter to the district asks that the policy, known as the King Elementary School Success Plan, be rescinded in favor of a “colorblind approach” to resource allocation along with “immediate and adequate support” to Decker’s son “who has been unfairly excluded from the opportunity to receive necessary resources.”

“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.”

“We are asking the district to rescind its discriminatory policy immediately to implement a colorblind approach to how it allocates resources, focusing on the needs of the individual student. And we’re also asking the district to provide Colby’s son with the resources that he needs,” Brewer continued. “There’s no reason it should be taking this long for him to get that support. 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.”

Fox News Digital reached out to the Green Bay Area School District for comment and received the following statement on Tuesday, “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 spokesperson added that the language in the School Success Plan is “developed to outline the school’s goals toward continuous improvement, but would not be considered Board (District) policy” which the spokesperson called an “important distinction.”

Decker told Fox News Digital that other parents she has spoken to “can’t believe” the situation when told about it and every parent “just wants their child to be treated equally.”

“Any time a parent or a grandparent advocates for a child, I know that their sincere hope is that that child is just treated equally,” Decker said. “And that’s not what’s happening when someone is a priority. If someone is more of a priority than someone else’s child has to be less of a priority. And I don’t think that’s the way most of America wants to move forward with education.”

“I think everybody wants us to just be completely color-blind and look at children as simply being children. My son is in the 17th percentile in the state for reading, and there are children who are performing at a higher level than him that are more of a priority only because of their skin color. And I don’t think most parents want anything like that to ever happen in any educational setting ever.”