Wisconsin
State Protections and Legal Framework
-
State Constitutional Guarantees Regarding Right to Education
Wisconsin Constitution Article X – Education
“Students have a fundamental right to an equal opportunity for a sound basic education. Uniform revenue-raising capacity among districts is not required. Vincent v. Voight, 2000 WI 93, 236 Wis. 2d 588, 614 N.W.2d 388, 97-3174.”
“Intrastate inequalities in public education; the case for judicial relief under the equal protection clause. Silard, White, 1970 WLR 7.”
“The constitutional mandate for free schools. 1971 WLR 971.”
“The due process clause of the 14th amendment includes the fundamental right of parents to make decisions concerning the care, custody, and control of their children, including the right to direct the upbringing and education of children under their control, but that right is neither absolute nor unqualified. Parents do not have a fundamental right direct how a public school teaches their child or to dictate the curriculum at the public school to which they have chosen to send their child. Larson v. Burmaster, 2006 WI App 142, 295 Wis. 2d 333, 720 N.W.2d 134, 05-1433.”
State Constitutional Protections Regarding Non-Discrimination and Equity
Wisconsin Constitution Article 1 Declaration of Rights, Section 1 – Equality; Inherent Rights
“All people are born equally free and independent, and have certain inherent rights; among these are life, liberty and the pursuit of happiness; to secure these rights, governments are instituted, deriving their just powers from the consent of the governed.”
-
Wisconsin Pupil Nondiscrimination Law, s.118.13
“No person may be denied admission to any public school or be denied participation in, be denied the benefits of or be discriminated against in any curricular, extracurricular, pupil services, recreational or other program or activity because of the person's sex, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability.”
Related: Wis. Admin. Code, P.I. 9
Establishes the procedures for compliance with s.118.13.
This subchapter should be construed in a manner that is consistent with USC 1400-1482 and 20 USC 1400(d) (Individuals with Disabilities Act).
It is the policy of the state to provide equal educational opportunities. This chapter establishes bilingual-bicultural education programs in school districts where there are specified concentrations of limited-English proficient pupils in the attendance areas of particular schools.
Related: Wis. Admin. Code, P.I. 13
Establishes the requirements for school districts that are required to offer bilingual-bicultural education programs.
State law protections regarding color of law or pattern/practice liability for law enforcement in schools
Anti-discrimination protections under state civil rights statutes
Not related to education but
Wisconsin Fair Employment Act (WFEA), Wis. Stat. §§ 111.31-111.395 – File complaint with ERD.
Wisconsin Open Housing Law, Wis. Stat. § 106.50 – Private Right of Action.
Identify whether state anti-discrimination laws also prohibit discrimination caused by disparate impact. If yes, does the state law allow a private right of action for disparate impact claims?
-
Wisconsin Pupil Nondiscrimination Law, s.118.13 – Complaint Procedure
Who can file a complaint: Student, Parent or Guardian, or resident of the school district.
Retaliation: Does not explicitly prohibit retaliation. However, individual school boards may choose to include such provisions.
See Madison Metropolitan School District Policy 4620: https://go.boarddocs.com/wi/mmsd/Board.nsf/files/AC2J3Q4B3E6D/$file/Policy%204620%20-%20Nondiscrimination%20-%20Students.pdf
Statute of Limitation: Appears to depend on the school board policy, as school boards each set policies in compliance with Wis. Admin. Code, P.I. 9.
May also file with the Office for Civil Rights of the US Department of Education. Do not have to file with the school district, before filling. Must file within 180 days of alleged discrimination.
WI. Stat. § 115.758 (2024)
Complaint Procedures Established by: 34 CFR § 300.151-153 and § 115.762(3)(g), Wis. Stats. See Special Education in Plain Language.
Who can file a complaint: Any person (parent, teacher, or other people) or organization.
Statute of Limitation: 1 year statute of limitation.
Retaliation: Could not locate.
How do I file a complaint about discrimination in a K-12 public school in Wisconsin?
-
Who is eligible to file (students, parents, advocates, others)?
Students, Parents, Guardians, Residents of the District.
Are there other administrative processes someone may have to exhaust before initiating a complaint? (i.e., going through school’s, district’s, or other agency’s process first, etc.)
School Districts are required to create policies in compliance with the Pupil Nondiscrimination Law and some sort of complaint mechanism.
If your school has a complaint procedure, YOU MAY NOT FILE AN APPEAL WITH WISCONSIN DEPARTMENT OF PUBLIC INSTITUTION until you have gone through all the steps of the school district’s complaint procedure and a final decision has been issued.
If your school district does not have a pupil discrimination complaint procedure OR it has been 90 days since filing with the school district and you have not heard a final decision, then you may file directly with
How to initiate the process (relevant websites, standard forms, submission locations)
To File an Appeal
Department of Public Instruction
Pupil Nondiscrimination Program
P.O. Box 7841
Madison, WI 53707-7841
Can complaints be filed anonymously or confidentially?
Potentially anonymous, but it’s suggested to provide your name, address, and telephone number.
Are there known barriers to accessing enforcement (filing fees, documentation requirements)?
No filing fees.
The appeal should attach to the school district’s final decision.
-
What are the required elements of the civil rights claim?
Elements for an appeal or initial complaint are the same.
Must be in writing.
Reason for the complaint.
Facts of the complaint.
Protected class.
Relief you are requesting.
Who reviews claims and what timeframes apply?
State superintendent. Typically between 2-3 months.
What type of investigation may occur?
No investigation for an appeal. Constrained from facts from the school district process.
Who participates in investigations?
N/A.
Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing?
No.
What privacy/confidentiality protections exist?
Are school districts required to publicly post civil rights complaint procedures?Schools districts are required to post the complaint procedures for Wisconsin Pupil Nondiscrimination.
-
What is the appeals process, if any?
The Department of Public Instruction handles appeals from School District Complaint Procedures.
Must file within 30 days of the date of the school district’s final action on complaint.
Will not consider an appeal unless all the steps of the school district have occurred + final decision is issued.
Are remedies legally enforceable once a violation is found?
If the department determines the school district has acted in violation of the pupil non-discrimination law, the superintendent can issue an order requiring the school district to comply with the law AND require that the school district develop and submit a corrective action plan to prevent further discrimination.
The superintendent does not have the authority to award monetary relief or impose or order discipline on teachers or school district staff.
Are there other administrative processes that must be exhausted before taking legal action?
No.
Do state agencies publish complaint outcome data?
Yes, but anonymously.
What enforcement mechanisms exist for non-compliance?
DPI continues to monitor until compliance is completed.
State Attorney General Enforcement Actions
-
Has the AG taken civil rights actions involving education in the past 5 years?
On June 4, 2020, Attorney General Josh Kaul, as part of a coalition of 17 other states and the District of Columbia, filed a lawsuit against the Trump Administration’s restrictions to Title IX of the Education Amendments Act (see 2020 press release).
On July 13, 2020, Attorney General Josh Kaul, as part of a coalition of 18 other attorneys general, filed a lawsuit to halt the Trump Administration’s visa rule for international students.
On March 2, 2021, Attorney General Josh Kaul, as part of a coalition of 23 other attorneys general, filed a friend-of-the-court brief in an effort to preserve schools’ ability to address cyberbullying and off-campus bullying that substantially affects students’ education (see 2021 press release).
On May 24, 2021, Attorney General Josh Kaul, as part of a coalition of 23 other attorneys general, sent a letter to urge U.S. Secretary of Education Miguel Cardona and Attorney General Merrick Garland to reinstate and expand a 2014 guidance package to help public elementary and secondary schools administer equitable student discipline. (see DOJ Global Normal Template)
On April 25, 2025, Attorney General Josh Kaul, as part of a coalition of 19 other attorneys general, filed a lawsuit challenging the U.S. Department of Education’s threat to withhold federal funding from state and local agencies that refuse to abandon lawful programs and policies promoting equal access to education in K-12 schools.
On June 20, 2025, Attorney General Josh Kaul, along with several other attorneys general, submitted four joint comment letters opposing the DOE’s attempt to roll back anti-discrimination regulations under Title IX of the Education Amendments of 1972.
On July 21, 2025, Attorney General Josh Kaul, as part of a coalition of 20 other attorneys, sued the Trump Administration to stop new directives that require state programs, such as adult education programs, to verify lawful status of those they serve. The inability to immediately implement the substantial changes results in a potential loss of federal funding.
What enforcement powers does the AG possess in education-related cases?
The attorney general of Wisconsin does not have common law powers. Flatley v. State, 63 Wis. 2d 254, 217 N.W.2d 258 (1974). The attorney general’s powers are limited by statute, and the attorney general does not have the authority to challenge the constitutionality of statutes. State v. City of Oak Creek, 2000 WI 9, 232 Wis. 2d 612, 605 N.W.2d 526, 97-2188.
Does the AG accept individual education civil rights complaints, or does the office only take on broad investigations (if they do individual complaints, would want to answer the below complaint process questions for the AG’s office)?
The Wisconsin Attorney General does not accept individual education civil rights complaints. Individual K-12 education civil rights complaints can be filed through the Wisconsin Department of Public Instruction.
-
Does the AG have an office/section dedicated to education or education civil rights issues? (If the AG has sections or offices dedicated to education or children's rights issues, please identify that office when responding to relevant questions above and with respect to the complaint process below.)
The Attorney General has an office of school safety. The office of school safety creates model practices for school safety.
Other State Enforcement Systems
-
Who is eligible to file (students, parents, advocates, others)?
Any individual or organization.
Are there other administrative processes someone may have to exhaust before initiating a complaint? (i.e., going through school’s, district’s, or other agency’s process first, etc.)
No.
How to initiate the process (relevant websites, standard forms, submission locations)
Send Complaint to
DirectorSpecial Education TeamWisconsin Department of Public InstructionP. O. Box 7841Madison, Wisconsin 53707-7841FAX: (608) 267-3746EMAIL: idea@dpi.wi.gov
Must forward to the LEA serving the child.
Can complaints be filed anonymously or confidentially?
Possibly, but if a complaint allegation involves a specific child, the name of the child must be provided.
There is a complaint form in English, Spanish and one other language.
-
Elements of Complaint
Must be within a year of the alleged act
Must allege a violation of Subchapter V of Chapter 115 of Wisc. Stat. or IDEA
Must set out sufficient facts to permit the department to initiate an investigation of the allegation.
If it involves a specific child
Name of child
Child’s address
Name of child’s school
Description of the nature of the problem of the child
Related facts
Proposed resolution
Timeline of Complaint?
Typically 60 days, BUT there may be an extension of the 60 day time limit for exception circumstances like
investigation is hindered by the unavailability of necessary parties or information.
Either the agency or complainant submits additional data that changes the course of the investigation, i.e., raises new issues in the complaint.
The complaint investigation is held in abeyance because there is a due process hearing on the same issue.
The parties in mediation have agreed to an extension of the 60-day time limit.
The complaint addresses unusually complex or numerous issues or it relates to numerous students.
Who Reviews Claims?
Letter is received, it is forwarded to complaint coordinator and complaint office operations associate.
Department staff reviews all relevant information and makes an independent determination, based on preponderance of the evidence.
What type of investigation may occur?
After receipt of records, the complaint consultant reviews the records, conducts interviews and gathers additional information.
The complaint consultant determines the facts and carries out independent investigation.
Parents must be contacted and must be given the opportunity to submit additional information – either orally or in writing.
-
What is the appeals process, if any?
Doesn’t appear to have one.
Are remedies legally enforceable once a violation is found?
Are there other administrative processes that must be exhausted before taking legal action?
No.
Do state agencies publish complaint outcome data?
Yes, but anonymously.
What enforcement mechanisms exist for non-compliance?
All noncompliance identified through the complaint process must be corrected as soon as possible, but in no case no later than a year after the decision is signed. When a public agency submits sufficient documentation of compliance with directives in a complaint decision, the complaint consultant prepares a closing letter for the state director’s signature
-
Who is eligible to file (students, parents, advocates, others)?
Any individual or organization.
Are there other administrative processes someone may have to exhaust before initiating a complaint? (i.e., going through school’s, district’s, or other agency’s process first, etc.)
No.
How to initiate the process (relevant websites, standard forms, submission locations)
Send Complaint to
DirectorSpecial Education TeamWisconsin Department of Public InstructionP. O. Box 7841Madison, Wisconsin 53707-7841FAX: (608) 267-3746EMAIL: idea@dpi.wi.gov
Must forward to the LEA serving the child.
Can complaints be filed anonymously or confidentially?
Possibly, but if a complaint allegation involves a specific child, the name of the child must be provided.
There is a complaint form in English, Spanish and one other language.
-
Elements of Complaint
Must be within a year of the alleged act
Must allege a violation of Subchapter V of Chapter 115 of Wisc. Stat. or IDEA
Must set out sufficient facts to permit the department to initiate an investigation of the allegation.
If it involves a specific child
Name of child
Child’s address
Name of child’s school
Description of the nature of the problem of the child
Related facts
Proposed resolution
Timeline of Complaint?
Typically 60 days, BUT there may be an extension of the 60 day time limit for exception circumstances like
investigation is hindered by the unavailability of necessary parties or information.
Either the agency or complainant submits additional data that changes the course of the investigation, i.e., raises new issues in the complaint.
The complaint investigation is held in abeyance because there is a due process hearing on the same issue.
The parties in mediation have agreed to an extension of the 60-day time limit.
The complaint addresses unusually complex or numerous issues or it relates to numerous students.
Who Reviews Claims?
Letter is received, it is forwarded to complaint coordinator and complaint office operations associate.
Department staff reviews all relevant information and makes an independent determination, based on preponderance of the evidence.
What type of investigation may occur?
After receipt of records, the complaint consultant reviews the records, conducts interviews and gathers additional information.
The complaint consultant determines the facts and carries out independent investigation.
Parents must be contacted and must be given the opportunity to submit additional information – either orally or in writing.
-
What is the appeals process, if any?
Doesn’t appear to have one.
Are remedies legally enforceable once a violation is found?
Are there other administrative processes that must be exhausted before taking legal action?
No.
Do state agencies publish complaint outcome data?
Yes, but anonymously.
What enforcement mechanisms exist for non-compliance?
All noncompliance identified through the complaint process must be corrected as soon as possible, but in no case no later than a year after the decision is signed. When a public agency submits sufficient documentation of compliance with directives in a complaint decision, the complaint consultant prepares a closing letter for the state director’s signature