2021 - 2022 LEGISLATURE
April 22, 2021 - Introduced by Senators Bernier, Jacque and Nass, cosponsored
by Representatives Dittrich, Brandtjen, Cabral-Guevara, Rozar, Tittl,
Gundrum, Sortwell, Tusler, Plumer, Skowronski, James, Allen,
Kuglitsch, Moses, Ramthun and Sanfelippo. Referred to Committee on
Human Services, Children and Families.
1An Act to amend
118.13 (1); and to create
118.132 of the statutes;
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 as falling into one of three categories based on
the sex of the participating pupils. The three categories are 1) participants who are
males, men, or boys; 2) participants who are females, women, or girls; and 3) coed or
participants of both sexes. 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 participating on an athletic
team or in an athletic sport designated for females, women, or girls. 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:
118.13 (1) of the statutes is amended to read:
Except as provided in s. ss. 118.132 (2) (b) and
120.13 (37m), no 3
person may be denied admission to any public school or be denied participation in, 4
be denied the benefits of or be discriminated against in any curricular, 5
extracurricular, pupil services, recreational or other program or activity because of 6
the person's sex, race, religion, national origin, ancestry, creed, pregnancy, marital 7
or parental status, sexual orientation or physical, mental, emotional or learning 8
118.132 of the statutes is created to read:
10118.132 Interscholastic or intramural sports; designation as single sex
11or coed. (1)
In this section:
(a) “Educational institution” means a school board, operator of a charter school 13
authorized under s. 118.40 (2r) or (2x), and governing body of a private school 14
participating in a program under s. 118.60 or 119.23.
(b) “Sex” means the sex determined at birth by a physician and reflected on the 16
An educational institution that operates or sponsors an interscholastic, 18
intramural, or club athletic team or sport shall do all of the following:
(a) Expressly designate the athletic team or sport as one of the following based 20
on the sex of the participating pupils:
1. Males, men, or boys,
2. Females, women, or girls.
3. Coed or mixed-sex.
(b) Prohibit pupils of the male sex from participating on an athletic team or in 25
an athletic sport that is designated for females, women, or girls under par. (a).
(c) If the educational institution intends to change the designation of an 2
athletic team or sport under par. (a), provide written notification of the change to 3
pupils who are eligible under both the previous and current designation to 4
participate in the athletic sport or on the athletic team and to the parents or 5
guardians of those pupils.
(a) A pupil who is deprived of the opportunity to participate in an athletic 7
sport or on an athletic team or who suffers any direct or indirect harm as the result 8
of a violation of sub. (2) may bring a cause of action against an educational institution 9
for injunctive relief, damages, and any other relief available under law.
(b) A pupil who is subject to retaliation or other adverse action by an 11
educational institution or athletic association or organization, as a result of 12
reporting a violation of sub. (2) to an employee or representative of the educational 13
institution or athletic association or organization or to any state or federal agency 14
with oversight over the educational institution, may bring a cause of action against 15
the educational institution or athletic association or organization for injunctive 16
relief, damages, and any other relief available under law.
(c) An educational institution that suffers any direct or indirect harm by a 18
governmental entity, licensing or accrediting organization, or athletic association or 19
organization as a result of compliance with sub. (2) may bring a cause of action 20
against the governmental entity, licensing or accrediting organization, or athletic 21
association or organization for injunctive relief, damages, and any other relief 22
available under law.