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October 8, 2021 - Introduced by Senator Jacque, cosponsored by Representatives
Cabral-Guevara, Rozar, Armstrong, Brandtjen, Brooks, Dittrich,
Horlacher, Knodl, Magnafici, Penterman, Sortwell, Allen, Wichgers and
Schraa. Referred to Committee on Education.
SB598,1,2 1An Act to create 118.018 of the statutes; relating to: gender identity and sexual
2orientation programs in public schools.
Analysis by the Legislative Reference Bureau
This bill requires each school board of a school district and each operator of an
independent charter school, before providing any program related to sexual
orientation, gender, gender identity, or gender expression to a pupil in the school
district or attending the charter school, to give notice of the program to the pupil's
parents or guardians. This notice is required with respect to a pupil in any grade
before such a program is provided to the pupil. A “program” is defined to include
instruction and materials as well as any test, survey, questionnaire, or other activity.
A pupil may not be required to participate in a program related to sexual orientation,
gender, gender identity, or gender expression if the pupil's parent or guardian
submits a written request to opt out of the program.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB598,1 3Section 1. 118.018 of the statutes is created to read:
SB598,1,5 4118.018 Gender identity and sexual orientation programs. (1) In this
5section:
SB598,2,1
1(a) “Gender” means either of the 2 sexes, male or female.
SB598,2,22 (b) “Gender expression” means how a person presents gender outwardly.
SB598,2,33 (c) “Gender identity” means personal conception of oneself as male or female.
SB598,2,64 (d) “Program” means any of the following, regardless of whether offered as part
5of human growth and development instruction or as part of any other course or
6activity:
SB598,2,87 1. Any instruction or materials provided to pupils or other curriculum intended
8for pupils.
SB598,2,109 2. Any test, survey, questionnaire, or other activity provided to pupils or
10intended for pupil participation.
SB598,2,1311 (e) “Sexual orientation” means an individual's identity in relation to gender or
12genders to which the individual is sexually attracted, such as heterosexual,
13homosexual, or bisexual.
SB598,2,17 14(2) (a) Subject to par. (d), each school board, before providing any program
15related to sexual orientation, gender, gender identity, or gender expression to any
16pupil enrolled in the school district, shall give notice of the program to the pupil's
17parents or guardians.
SB598,2,2118 (b) Subject to par. (d), the operator of each charter school established under s.
19118.40 (2r) or (2x), before providing any program related to sexual orientation,
20gender, gender identity, or gender expression to any pupil attending the charter
21school, shall give notice of the program to the pupil's parents or guardians.
SB598,2,2222 (c) The notice under pars. (a) and (b) shall include all of the following:
SB598,2,2323 1. An outline of the program.
SB598,2,2524 2. Information on how the parent or guardian may inspect all materials,
25curriculum, and other components of the program.
SB598,3,1
13. An explanation of the exemption under sub. (3).
SB598,3,32 (d) No notice is required under pars. (a) and (b) with respect to any of the
3following:
SB598,3,64 1. Responding to a question from a pupil during class regarding sexual
5orientation, gender, gender identity, or gender expression as it relates to any topic
6of instruction.
SB598,3,97 2. Referring to sexual orientation, gender, gender identity, or gender expression
8of any historic person, group, or public figure, if the reference provides necessary
9context in relation to the topic of instruction.
SB598,3,13 10(3) No pupil may be required to participate in any program related to sexual
11orientation, gender, gender identity, or gender expression if the pupil's parent or
12guardian entitled to notice under sub. (2) (a) or (b) submits a written request to the
13pupil's teacher or other school official that the pupil be exempted from the program.
SB598,3,16 14(4) This section does not require any school district or charter school
15established under s. 118.40 (2r) or (2x) to provide any program related to sexual
16orientation, gender, gender identity, or gender expression.
SB598,3,1717 (End)
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