The Wauwatosa Public School district is being threatened with a federal civil rights lawsuit if it moves forward with plans to close a Science, Technology, Engineering, and Math elementary school and eliminate other STEM programs.
The Wisconsin Institute for Law and Liberty, known as WILL, claims the district would be violating the constitution for what’s called ‘racial balancing’.
A district task force report says WSTEM currently lacks diversity. WILL claims it would be illegal to close a school for that reason.
Watch: TMJ4's Ben Jordan investigates potential legal action involving Wawautosa's STEM programs.
For parent Mame McCully, WSTEM is a special place for her children. Their school is now on the chopping block.
"For our children, who this is really about, it's nervous for them,” she said.
McCully says WSTEM students are selected using a lottery system, giving anyone who applies the same opportunity to get into the school.
"Our STEM programs are important,” she said. “It’s not something that can be replaced with two classes a week because it's the method these children are learning.”
The district is considering sunsetting the school. A district spokesperson said, “It’s neither fiscally responsible nor in line with the mission to provide equitable education. In its place, the district says every student would receive STEM opportunities.
WILL attorney Dan Lennington sent this letter to the Wauwatosa School District Superintendent. In part, it says the district, “has 'no authority…. to use race as a factor in affording educational opportunities among its citizens.'"
“Why does WILL believe shutting this school would be illegal?” Jordan asked.
“The U.S. Constitution prohibits what's called racial balancing which is to try to balance the type of students you have in a district based on their race,” Lennington replied.
Wisconsin Department of Public Instruction data shows 86 percent of WSTEM students are white. 8.4 percent of students are either African American, Hispanic, or Asian.
Districtwide, 62 percent of students are white and 30 percent of students are African American, Hispanic, or Asian.
If the school board decides to phase out the school by the 2029-2030 school year, Lennington says WILL plans to file a complaint to the U.S. Dept. of Education in addition to filing a federal civil lawsuit. He says the complaint could put federal funding in jeopardy.
"Wauwatosa receives millions of dollars every year from the U.S. Dept. of Education and in exchange for that money, they promise not to discriminate based on race,” Lennington said.
Back at WSTEM, McCully is calling on the school board to do what she thinks is best for children, giving them an opportunity to learn through the lens of Science, Technology, Engineering, and Math at a young age.
"I think it separates Wauwatosa schools in a different way that we have this,” she said. “It's the reason I took my kids out of private school is because of this school."
McCully is not affiliated with WILL and declined to comment on WILL's letter to the district.
The school board is expected to take a vote next Monday on what to do with WSTEM and its other STEM programs.
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