March 3, 2025 - Introduced by Representatives Dittrich, Knodl, Allen, Armstrong, Behnke, Brooks, Callahan, Donovan, Duchow, Goeben, Green, Gundrum, Gustafson, B. Jacobson, Kreibich, Krug, Maxey, Moses, Murphy, Mursau, Nedweski, O'Connor, Penterman, Piwowarczyk, Sortwell, Steffen, Tusler, VanderMeer and Wichgers, cosponsored by Senators Hutton, Felzkowski, Feyen, Jacque, Kapenga, Nass, Quinn, Testin, Tomczyk and Wanggaard. Referred to Committee on Education.
***AUTHORS SUBJECT TO CHANGE***
AB100,1,4
1An Act to amend 118.13 (1); to create 118.132 of the statutes; relating to:
2designating athletic sports and teams operated or sponsored by public schools
3or private schools participating in a parental choice program based on the sex
4of the participants. Analysis by the Legislative Reference Bureau
This bill requires each school board, independent charter school, and private school participating in a parental choice program (educational institution) that operates or sponsors an interscholastic, intramural, or club athletic team or sport to designate the athletic team or sport based on the sex of the participating pupils. The bill defines “sex” as the sex determined at birth by a physician and reflected on the birth certificate. The bill also requires an educational institution to prohibit a male pupil from 1) participating on an athletic team or in an athletic sport designated for females and 2) using a locker room designated for females. Finally, the bill requires the educational institution to notify pupils and parents if an educational institution intends to change a designation for an athletic team or sport.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB100,1
1Section 1. 118.13 (1) of the statutes is amended to read: AB100,2,82118.13 (1) Except as provided in s. ss. 118.132 (2) (b) and 120.13 (37m), no 3person may be denied admission to any public school or be denied participation in, 4be denied the benefits of or be discriminated against in any curricular, 5extracurricular, pupil services, recreational or other program or activity because of 6the person’s sex, race, religion, national origin, ancestry, creed, pregnancy, marital 7or parental status, sexual orientation or physical, mental, emotional or learning 8disability. AB100,29Section 2. 118.132 of the statutes is created to read: AB100,2,1110118.132 Interscholastic or intramural sports; designation as single 11sex. (1) In this section: AB100,2,1412(a) “Educational institution” means a school board, operator of a charter 13school authorized under s. 118.40 (2r) or (2x), and governing body of a private school 14participating in a program under s. 118.60 or 119.23. AB100,2,1615(b) “Sex” means the sex determined at birth by a physician and reflected on 16the birth certificate. AB100,2,1817(2) An educational institution that operates or sponsors an interscholastic, 18intramural, or club athletic team or sport shall do all of the following: AB100,2,2019(a) Expressly designate the athletic team or sport as one of the following based 20on the sex of the participating pupils: AB100,2,21211. Males. This designation may be referred to as “males,” “men,” or “boys.” AB100,3,2
12. Females. This designation may be referred to as “females,” “women,” or 2“girls.” AB100,3,43(b) Prohibit pupils of the male sex from participating on an athletic team or in 4an athletic sport that is designated for females under par. (a). AB100,3,65(c) Prohibit pupils of the male sex from using locker rooms designated for 6females. AB100,3,117(d) If the educational institution intends to change the designation of an 8athletic team or sport under par. (a), provide written notification of the change to 9pupils who are eligible to participate in the athletic sport or on the athletic team 10under the previous and current designation and to the parents or guardians of 11those pupils. AB100,3,1612(3) (a) A pupil of the female sex who is deprived of the opportunity to 13participate in an athletic sport or on an athletic team or who suffers any direct or 14indirect harm as the result of a violation of sub. (2) (b) or (c) may bring a cause of 15action against an educational institution for injunctive relief, damages, and any 16other relief available under law. AB100,3,2317(b) A pupil of the female sex who is subject to retaliation or other adverse 18action by an educational institution or athletic association or organization, as a 19result of reporting a violation of sub. (2) (b) or (c) to an employee or representative of 20the educational institution or athletic association or organization or to any state or 21federal agency with oversight over the educational institution, may bring a cause of 22action against the educational institution or athletic association or organization for 23injunctive relief, damages, and any other relief available under law. AB100,4,6
1(c) An educational institution that suffers any direct or indirect harm by a 2governmental entity, licensing or accrediting organization, or athletic association or 3organization as a result of compliance with sub. (2) (b) or (c) may bring a cause of 4action against the governmental entity, licensing or accrediting organization, or 5athletic association or organization for injunctive relief, damages, and any other 6relief available under law.
