The Wisconsin Institute for Education sent a demand letter to the Elmbrook school board on February 15, 2025  alleging that the district’s policies, detailed in its 2024-2025 Talent Development Handbook, contradict federal law and Supreme Court precedent.

The handbook’s statement that “Identification ought to reflect the demographic of the district or school population” suggests an unconstitutional quota system aimed at achieving racial balance. The consideration of student performance in relation to “group-specific norms” inherently treats students differently based on race, according to the Wisconsin Institute for Education.  The district claims to use “unbiased and equitable approaches for identifying students from diverse backgrounds”. 

These practices are viewed as a violation of the Supreme Court’s decision in Students for Fair Admissions v. Harvard (SFFA), which prohibits race from being a determining factor in educational decisions. The “Dear Colleague Letter” explicitly states that treating students differently based on race to achieve goals such as diversity, racial balancing, social justice, or equity is illegal. The potential consequences of non-compliance are significant, with the Elmbrook School District risking the loss of federal funding if it fails to adhere to civil rights laws.