Critical race theory has infiltrated many of our schools, and something needs to be done.

From Daily Caller. A Wisconsin school district claimed state and federal non-discrimination laws do not apply to white students because they are not part of a protected class, according to the response a student’s parents received after they filed a complaint alleging their child was racially discriminated against.

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Assistant Superintendent Tanya Fredrich of Elmbrook Schools investigated the complaint and asserted “that the student is not a member of any class that is legally protected from discrimination by state or federal law” in a Nov. 17 statement obtained by the Daily Caller News Foundation.

The Wisconsin Institute for Law & Liberty (WILL) condemned the “outrageous statement” issued by Fredrich that took the “official position … that race discrimination laws do not apply to white students,” in a letter from President & General Counsel Richard M. Esenberg and Deputy Counsel Daniel P. Lennington, addressed to Elmbrook Schools and its superintendent of Schools, Mark Hansen….

“There is no such thing as a ‘protected class’ in the sense that some races are protected while others are not,” the WILL letter stated. “Black and brown students do not have different rights; they have identical rights to white students and must be treated identically to white students.”

The child in question was suffering from depression and her parents were working with doctors to address her health concerns, the mother who filed the complaint told the DCNF on the condition of anonymity. The parents discovered their daughter was failing, but said they had no idea and administrators would not communicate with them unless they gave the school access to the student’s personal healthcare information and open dialogue with her healthcare professionals.

The student’s mother started going to board meetings and Elmbrook’s Teaching and Learning Committee meetings, which she said seemed to focus entirely on helping low-income and non-white students, often advocating for the use of many of the accommodations that she claimed the district was refusing her daughter….

“To the contrary, the student’s race, sexual orientation and socio-economic status are what are considered to be the majority status and thus do not form a basis for claiming that the student is being treated or has been treated less favorably than persons not in the protected class,” Fredrich’s complaint response said.

WILL called this stance “patently false” because everyone is protected by both federal and state non-discrimination laws, which do not establish a “diminished set of rights for those with ‘majority status’” because all racial groups are “protected ‘classes….’”

‘Equity Does Not Mean Equal’

The Elmbrook school board considered a draft of their proposed “Equity Non-Negotiables,” (ENN), which outlined the district’s plans for implementing equity initiatives, but the board voted against them on June 8, according to the draft and meeting minutes.

“Equity does not mean equal,” the ENN draft said. “Achieving educational equity will mean that schools and students may receive different resources based on specific needs….”

In one section, the ENN said the “the system is responsible for failure,” but vowed to create “a system where success is accessible through a representative and inclusive curriculum that decenters whiteness and prioritizes marginalized communities in all subjects.”

In another part of the draft, the district also said it would “adjust curricula across all subjects to ensure representative anti-racist history of all marginalized groups (including culturally relevant pedagogy).”

“This is a real concrete example of how Critical Race Theory is actually put into practice,” Lennington said. “It means reverse discrimination is important and necessary. It’s just right out of Ibram X Kendi….”

Even though the ENN, which were renamed to “Equity Principles,” did not pass, Lennington said WILL believes Elmbrook Schools and its administrators are still following the suggested initiatives….

‘We’ve Heard This Before’

Lennington is in charge of WILL’s “Equality Under The Law Project,” which he said files strategic litigation to protect people’s rights and achieve equal protection under the laws.

“We’ve heard this before. We’ve heard people say, ‘This teacher told me that my son can’t be the victim of race discrimination because he’s white,’ but we’ve never seen it in writing like this,” Lennington told the DCNF. “This is the first time we’ve actually seen it in writing, apart from the [teacher] training materials.”

The Fourteenth Amendment of the U.S. Constitution guarantees “equal protection of the laws,” which was affirmed by the Supreme Court case Regents of the University of California v. Bakke, WILL told Elmbrook Schools in its letter. The high court ruled that a white student could allege racial discrimination under the U.S. Constitution, which the Supreme Court asserted has “‘never’ been interpreted as protecting only minorities from race discrimination,” the letter added.

Because Elmbrook Schools receives federal funds it is subject to Title VI of the Civil Rights Act of 1964, which guarantees “no person” is “subject to discrimination” “on the ground of race,” the letter said….

Elmbrook Schools published a statement in response to WILL’s letter stating the group could not have read the report in its entirety and come to their conclusion, but admitted the language WILL cited could have been communicated more clearly.

WILL “falsely asserts, ‘it is the official position of the Elmbrook Schools that race discrimination laws do not apply to white students,’” adding that the district “does not tolerate discrimination on the basis of race or any other protected class” and “all racial groups are members of protected classes and treated equally,” according to the statement….

Lennington said WILL is relieved that Elmbrook “now publicly recognizes that nondiscrimination laws apply to all students, despite their clear and unequivocal language to the contrary in the report.”

“However, it is disappointing that they will not simply admit their mistake,” he said. “We will continue to monitor the district’s compliance with basic principles of equality and their administration of colorblind policies.”

Elmbrook Schools did not respond to the DCNF’s request for comment.

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(Excerpt from Daily Caller. Photo Credit: Canva)