2021 - 2022 LEGISLATURE
September 15, 2021 - Introduced by Representatives Cabral-Guevara, Rozar,
Armstrong, Brandtjen, Brooks, Dittrich, Horlacher, Knodl, Magnafici,
Penterman and Sortwell. Referred to Committee on Education.
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:
118.018 of the statutes is created to read:
4118.018 Gender identity and sexual orientation programs. (1)
In this 5
(a) “Gender” means either of the 2 sexes, male or female.
(b) “Gender expression” means how a person presents gender outwardly.
(c) “Gender identity” means personal conception of oneself as male or female.
(d) “Program” means any of the following, regardless of whether offered as part 5
of human growth and development instruction or as part of any other course or 6
1. Any instruction or materials provided to pupils or other curriculum intended 8
2. Any test, survey, questionnaire, or other activity provided to pupils or 10
intended for pupil participation.
(e) “Sexual orientation” means an individual's identity in relation to gender or 12
genders to which the individual is sexually attracted, such as heterosexual, 13
homosexual, or bisexual.
(a) Subject to par. (d), each school board, before providing any program 15
related to sexual orientation, gender, gender identity, or gender expression to any 16
pupil enrolled in the school district, shall give notice of the program to the pupil's 17
parents or guardians.
(b) Subject to par. (d), the operator of each charter school established under s. 19
118.40 (2r) or (2x), before providing any program related to sexual orientation, 20
gender, gender identity, or gender expression to any pupil attending the charter 21
school, shall give notice of the program to the pupil's parents or guardians.
(c) The notice under pars. (a) and (b) shall include all of the following:
1. An outline of the program.
2. Information on how the parent or guardian may inspect all materials, 25
curriculum, and other components of the program.
3. An explanation of the exemption under sub. (3).
(d) No notice is required under pars. (a) and (b) with respect to any of the 3
1. Responding to a question from a pupil during class regarding sexual 5
orientation, gender, gender identity, or gender expression as it relates to any topic 6
2. Referring to sexual orientation, gender, gender identity, or gender expression 8
of any historic person, group, or public figure, if the reference provides necessary 9
context in relation to the topic of instruction.
No pupil may be required to participate in any program related to sexual 11
orientation, gender, gender identity, or gender expression if the pupil's parent or 12
guardian entitled to notice under sub. (2) (a) or (b) submits a written request to the 13
pupil's teacher or other school official that the pupil be exempted from the program.
This section does not require any school district or charter school 15
established under s. 118.40 (2r) or (2x) to provide any program related to sexual 16
orientation, gender, gender identity, or gender expression.