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Wisconsin mom mulls lawsuit alleging school district is pushing 'horrifying' race-based policy: 'Problematic'

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 for Law & Liberty argue on behalf of their client Mrs. Colbey Decker that a "troubling" and "unlawful" policy in the Green Bay Area School 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. 

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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."

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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."

Scott Walker calls nixing of landmark WI law that led to mass protests in 2011 a 'brazen political action'

Former Wisconsin Republican Gov. Scott Walker spoke out after a county judge in Madison struck down major parts of a 2011 law geared toward public employee unions. 

Dane County Judge Jacob Frost ruled that the provisions of a law known as Act 10, which selectively exempt certain public workers from its restrictions on unionization and collective bargaining, are unconstitutional. The controversial law sought to close a budget deficit by limiting collective bargaining, thereby moderating public workers' benefits that Walker said at the time helped solve a fiscal situation he was required to address.

The original passage in 2011 led to weekslong protests inside the state Capitol, and even saw legislative Democrats flee to neighboring Illinois to prevent Republicans from reaching a quorum to vote on it. Walker later survived a 2012 recall election over the law's passage and rode his success into a decent showing in the 2016 presidential race, where he eventually bowed out of the primary that ultimately went to Donald Trump. 

On Tuesday, Walker, who currently leads the conservative-training nonprofit Young America's Foundation (YAF), said his law simply took power "out of the hands of the big union bosses and put it firmly into the hands of the hardworking taxpayers…"

"And what this court decision did as brazen political action was to throw that out and put power back in the hands of those union bosses," he said in an interview, calling collective bargaining not a right but an "expensive entitlement."

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Asked about Frost’s assertion that disparate treatment of collective bargaining rights of certain "public safety" workers and other public workers was unconstitutional, Walker said it was a "bogus political argument." 

Frost stripped more than 60 sections of the law from the books.

The law was upheld multiple times at the state and federal levels, Walker replied, adding a new issue is that of a potentially-growing "liberal activist majority" on the officially nonpartisan Wisconsin Supreme Court that may hear any appeal of the ruling.

Walker said that if appealed, the first place the case will land is in Waukesha court, which he predicted would overturn Frost. But a subsequent appeal by the left would bring it before the state’s high bench.

"It’s all the more reason why the Supreme Court race in Wisconsin this spring (2025) is more important than ever," he said.

Walker went on to discuss the roots of Act 10, and how it was his way of abiding by Wisconsin’s balanced-budget requirement. He noted the original name was the "Budget Repair Act" and that a prior Democratic administration instead chose to cut funding for municipalities, which instead resulted in layoffs.

Instead of risking job loss or Medicare cuts, Walker opted to require public workers to contribute more to their entitlements in return for keeping their pensions solvent.

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In addition, Wisconsin Senate President Chris Kapenga echoed Walker’s claim that partisan politics played a role in the ruling:

"[I]t’s proof there is very little justice left in our justice system. Wisconsin's legislature should be discussing impeachment, as we are the only check on their power," said Kapenga, R-Oconomowoc.

"Believing Dane County judges and the liberal majority in our state Supreme Court are independent jurists is almost as far-fetched as believing the border is secure, inflation's not a problem, or [President Biden] won't pardon his son."

"The left keeps telling us, ‘Don't believe what you see’ — Wisconsinites see right through it," he said.

As for Walker’s current role as president of YAF, he said his organization is preparing for conservative leadership to return to Washington as he brought it to Madison in 2010.

Walker said he is thrilled by the prospect of seeing many YAF alumni in the new Trump administration, including Stephen Miller, a top aide to Trump and formerly ex-Sen. Jeff Sessions, R-Ala.

Sergio Gor, a longtime aide to Sen. Rand Paul, R-Ky., was named Trump’s head of presidential personnel last month. Walker praised Gor's prior work leading YAF’s George Washington University chapter.

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"Four years ago, younger voters sided with Biden by 25 points," Walker said. "This election, that shrunk right down to 5 or 6 points. And most interestingly, young men four years ago went with Biden by 15 points. In this election, they shifted to Trump by 14. What we need to do is lock that in."

Dem attorneys general prepare for legal battle with Trump after filing hundreds of challenges last term

Roughly half the country is represented by Democratic attorneys general, and a significant number seem ready to confront President-elect Donald Trump, just as many did during his first term.

Twenty-three states plus the District of Columbia and Northern Marianas Islands have Democrats as their top law enforcement officers, and many have positioned themselves as a line of defense against a Trump administration.

The most prolific state-government-litigant last term was Washington Gov.-elect Bob Ferguson, who as attorney general filed or was party to suits against the Trump administration 99 times. He lost three times.

He litigated the Muslim "travel ban," and has expressed concern about Trump-era changes to abortion, immigration and LGBTQ policy.

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Fox News Digital reached out to Ferguson, but he told the Washington Standard the state has been working "for many months … to prepare for this."

Ferguson’s team reportedly read the Heritage Foundation’s entire 900-page Project 2025 publication and prepared successor Attorney General-elect Nick Brown to continue his work.

"Obviously, Trump’s [first] administration turned out to be a train wreck for our country and his efforts to trample on the rights of Americans and Washingtonians on our environment, reproductive freedom; the list goes on," Ferguson told Democracy Docket in October.

Brown told Fox News Digital he pledged to "enforce and defend our laws, stand up for our values and protect our communities: And I intend to fully honor that commitment."

"I have no interest in needlessly creating or seeking out conflict with the incoming Trump administration," Brown said.

"But if they take actions that violate our laws or harm our people, I am ready and willing to use all available legal options to protect the residents of Washington State from such unwanted intrusions."

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Ferguson said a lot of Trump’s actions may be legal and "no one will be more happy than me" if Olympia never goes to court again.

In New Jersey, then-Attorney General Gurbir Grewal participated in dozens of suits against the first Trump administration, and Gov. Phil Murphy said while he hopes to find common ground with Trump, he will "fight to the death" to defend Jersey values.

Current New Jersey Attorney General Matthew Platkin told Fox News Digital the election was fair and that Trenton will respect the democratic process that put Trump in the White House.

"As the president, he has the right to implement the policy agenda that he sees fit for the country. What he does not have the right to do is to violate the laws of this nation [or] this state…" Platkin said, citing a focus on gun safety, health care, the environment and immigration issues.

"I do not wake up every day dying to sue the president of the United States, but I also will not hesitate to do so when it’s in the best interests of our residents."

California Attorney General Rob Bonta has been preparing for another Trump administration as his office also reportedly observes the behavior of Trump’s circle.

"President Trump has made no secret of his agenda for his second term. We’re taking him at his word when he tells us what he plans to do: whether that be rolling back environmental protections, threatening immigrant and civil rights, or restricting access to essential reproductive care," Bonta said.

"Fortunately, and unfortunately, we have four years of ‘Trump-1.0’ under our belts. We know what to expect, and we won’t be caught flat-footed: What happens next is up to the president-elect. If he doesn’t violate the law, and we hope he won’t, we won’t need to take action.

"But based on our experience with the first Trump administration and the president-elect’s own words, we expect that won’t be the case…"

In Delaware, Attorney General Kathy Jennings made opposing Trump key to her 2018 campaign.

"Donald Trump threatens our civil rights. He undermines the rule of law," Jennings said in an ad. "As attorney general, I'll stand up to Donald Trump when his agenda hurts Delaware."

Fox News Digital reached out to Jennings, who previously challenged Trump’s child migrant detention system.

Wisconsin was party to several lawsuits in Trump’s first term, and Attorney General Josh Kaul signaled he's "prepared to defend the rights of Wisconsinites if necessary." 

"Let me say if the new administration infringes upon the freedoms of Wisconsinites or attempts to use our system of justice as a tool for vengeance, we will act," he said recently.

In Connecticut, Attorney General William Tong is coordinating with other attorneys general.

"I’m sad to say we are here again. But we went through this the first time with the Muslim ban and the border wall, and we are even more ready now," he said, according to WSHU.

"[W]hen they attack the American-born children of immigrants, and they talk about denying birthright citizenship, they are talking about me," said Tong.

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Then-Hawaii Attorney General Douglas Chin succeeded in blocking Trump’s "travel ban," crediting the Aloha State as the first to launch litigation. Fox News Digital reached out to successor Anne Lopez regarding her stance toward Trump.

Fox also sought comment from the most high-profile of attorney-general-litigants. New York's Letitia James pledged to be a "real pain in the a--" and led a $450 million fraud case against Trump.

She did not respond, but recently said she’s ready to "fight back again."

The Trump transition team did not respond to a request for comment, but the president-elect did recently say of James, "she’s got serious Trump Derangement Syndrome."

Democrat Tammy Baldwin details recipe for running in a swing state after victory in Trump-won Wisconsin

Sen. Tammy Baldwin, D-Wis., successfully won re-election in Wisconsin all while President-elect Donald Trump simultaneously flipped the state back to red in the presidential election. 

As to how she did it, the Democrat attributes much of her win to her "72-county strategy." Baldwin made sure during her campaign to traverse the entire state, venturing far from the two large blue enclaves of Milwaukee and Dane counties. 

"I think showing up matters, listening matters," she said in an interview with Fox News Digital. "And so I go, and I really listen and get to know the challenges and aspirations of people all over the state, rural areas, suburban areas, urban areas."

Baldwin won by a few tens of thousands of votes in the state, clinching victory by roughly the same margin as Trump. 

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According to her campaign, she did more than 250 events in Wisconsin in 2024 alone. She also hosted several targeted tours during her campaign, including her Dairyland Tour and her Rural Leaders for Tammy Tour.

Further, Baldwin's campaign microtargeted rural communities to deliver content regarding her agricultural work. 

But her rigorous travel is not the only thing that sealed the deal for her. The senator acknowledged that people can go everywhere, but they also need to effectively engage voters in each place they travel to. 

One thing she noted is that she's "had years to earn the trust of Wisconsin voters," referencing the short few months that the campaign of Vice President Kamala Harris had to turn out voters for her in the state. 

Baldwin also said she convenes roundtables and forums on relevant issues while she travels in Wisconsin.

"So I've done that on, say, the fentanyl and opioid epidemic, bringing together first responders, public health officials, concerned community members to talk about what does the epidemic look like in this community, in this area of the state? What resources do you need? What are your biggest worries?"

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She also held events geared toward agricultural issues, she noted. 

Baldwin notably credits, in part, her work on agricultural issues with her re-election win. In early October, Baldwin earned the endorsement of the Wisconsin Farm Bureau Federation Board of Directors, which was a significant achievement for a Democrat in a statewide election. 

"They cited a number of different measures that I either championed or actually got into law," she said. 

The senator pointed to her Dairy Business Innovation Act, which provides small grants to various dairy producers and processors. 

"I went this past spring to a particular farm that had received one of these grants, and they had also invited several other farmers and processors who had received grants to show me what they were able to do with these grants in order to grow their business and improve their bottom line," she said.

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The Wisconsin Democrat also pointed to the large manufacturing sector in her state and attributed her push for "buy America" rules in pieces of legislation as helping her win some of those voters. 

On whether her campaign is a model for other Democrats, specifically those in swing states, she said, "I think it is something that would be helpful to many public officials."

Baldwin added that she realized the need to travel Wisconsin to this extent during her first Senate campaign: "I had been in the House of Representatives representing, as you know, seven counties in [the] south-central part of the state. I had to learn Wisconsin as I was running."

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"And so traveling to do that learning was extremely important, being exposed to, you know, the timber industry and the north woods. We didn't have a big timber industry in the south-central part of the state."

The Midwestern senator also said this was the first time she heard from Wisconsinites that elected officials hadn't been spending much time in certain parts of the state.

"One thing I will say that I hear from constituents when I show up is just like, 'I don't remember the last time we had a U.S. senator visit our community, and especially not a Democrat,'" she said.

"It's like, you know, the timber industry folks saying, 'I don't think we've ever had a senator pay so much attention to us,'" she added.

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