Wisconsin Legislature: AB100-AA1,3,15

1At the locations indicated, amend the bill as follows:

21. Page 1, line 3: before “sex” insert “biological”.

32. Page 1, line 4: after “participants” insert “and locker room use”.

43. Page 2, line 11: delete “sex.” and substitute “sex or coed.”.

54. Page 2, line 11: after that line insert:

6“(a) “Biological sex” means the physical condition of being male or female at
7birth, as stated on an individual’s original birth certificate.”.

85. Page 2, line 12: delete “(a)” and substitute “(am)”.

96. Page 2, line 15: delete lines 15 and 16.

107. Page 2, line 20: delete “sex” and substitute “biological sex”.

18. Page 3, line 2: after that line insert:

2“3. Males and females. This designation may be referred to as “mixed-sex,”
3“coed,” or “inclusive.”.

49. Page 3, line 3: delete “sex” and substitute “biological sex”.

510. Page 3, line 5: delete lines 5 and 6.

611. Page 3, line 12: delete “sex” and substitute “biological sex”.

712. Page 3, line 14: on lines 14 and 19, delete “(b) or (c)” and substitute “(b)”.

813. Page 3, line 17: delete “sex” and substitute “biological sex”.

914. Page 4, line 3: delete “(b) or (c)” and substitute “(b)”.

1015. Page 4, line 6: after that line insert:

11“Section 2m. 118.315 of the statutes is created to read:

12118.315 Pupil physical privacy; locker rooms. (1) Definitions. In this
13section:

14(a) “Biological sex” means the physical condition of being male or female at
15birth, as stated on an individual’s original birth certificate.

16(b) “Governing body” means any of the following:

171. For a school district, a school board.

182. For a charter school, the governing board of the charter school.

193. For a private school participating in a program under s. 118.60 or 119.23,
20the governing body of the private school.

21(c) “Locker room” means an area in a school building designated for pupils to

1change clothes or to be in various stages of undress and to be used by more than one
2individual pupil at a time. “Locker room” includes a shower room.

3(d) “School” means a public school, including a charter school established
4under s. 118.40 (2r) or (2x), and a private school participating in a program under s.
5118.60 or 119.23.

6(2) Usage; biological sex. (a) A governing body shall ensure that each
7locker room located in a school building controlled by the governing body is
8designated for the exclusive use of individuals of one biological sex.

9(b) A governing body may establish policies for special events, including
10athletic events, during which the governing body may temporarily redesignate a
11locker room for exclusive use by the opposite biological sex. Upon the conclusion of
12the special event, the locker room shall revert to the designation under par. (a).

13(3) Exceptions. A governing body may allow individuals to enter a locker
14room that is designated for the exclusive use by the opposite biological sex if the
15individual is entering the locker room under any of the following circumstances:

16(a) For custodial purposes.

17(b) For maintenance or inspection purposes.

18(c) To provide medical assistance.

19(d) The individual is a teacher, school administrator, police officer, or
20emergency medical services personnel and is performing duties related to the
21individual’s employment.

22(e) The individual is a child who is being assisted by a family member or
23guardian.

1(f) To provide assistance to an individual with a disability.

2(g) When the locker room is temporarily designated for exclusive use by the
3individual’s biological sex.

4(h) During a natural disaster, an emergency, a serious threat to pupil safety,
5or a drill required under s. 118.07 (2) (a).

6(4) Accommodations. If a pupil, or a parent or guardian of a minor pupil,
7submits to a governing body a written request to receive accommodations from the
8pupil being required to use a locker room designated for the exclusive use by one
9biological sex, the governing body shall provide reasonable accommodations to the
10pupil, including allowing the pupil to use a single-occupancy locker room or the
11regulated use of a staff locker room. A school board or governing board of a charter
12school shall treat a written request submitted under this subsection as a pupil
13record subject to the protections under s. 118.125 (2).

14(5) Americans with Disabilities Act. Nothing in this section prohibits a
15governing body from adopting a policy that is necessary to accommodate individuals
16protected under the federal Americans with Disabilities Act.”.

17(end)