LRB-3356/1
KRP/FFK/SWB:wlj&cjs
2021 - 2022 LEGISLATURE
June 25, 2021 - Introduced by Representatives Wichgers, Ramthun, Allen,
Behnke, Brandtjen, Dittrich, Gundrum, Horlacher, Knodl, Kuglitsch,
Murphy, Neylon, Rozar, Sortwell, Thiesfeldt, Armstrong, Tusler, Schraa
and Tittl, cosponsored by Senators Jacque, Darling and Nass. Referred to
Committee on Education.
AB411,1,5 1An Act to amend 118.57 (title) and 119.04 (1); and to create 118.018, 118.40 (2r)
2(b) 2. m., 118.40 (2r) (d) 3., 118.40 (2x) (b) 2. m., 118.40 (2x) (d) 3. and 118.57 (1m)
3of the statutes; relating to: anti-racism and anti-sexism pupil instruction and
4anti-racism and anti-sexism training for employees of school districts and
5independent charter schools.
Analysis by the Legislative Reference Bureau
This bill prohibits race or sex stereotyping in 1) instruction provided to pupils
in school districts and independent charter schools; and 2) training provided to
employees of school boards and independent charter schools. Under the bill, a school
board or the operator of an independent charter school is prohibited from allowing
a teacher to teach pupils race or sex stereotyping in any course or as part of any
curriculum and is prohibited from requiring an employee to attend a training that
teaches, advocates, acts upon, or promotes race or sex stereotyping. Among the
concepts that are prohibited from being taught under the bill are the following: that
one race or sex is inherently superior to another race or sex and that an individual,
by virtue of the individual's race or sex, bears responsibility for acts committed in the
past by other individuals of the same race or sex. The bill provides that the state
superintendent of public instruction must withhold 10 percent of state aid
distributions from a school board or operator that violates these prohibitions. The
bill also provides that a parent or guardian of a student may bring a claim against
a school district or operator of a charter school for violation of the prohibitions.

The bill also requires each school board to post all curricula used in schools in
the school district on the school district's Internet site and, if a school board
maintains an Internet site for an individual school, on the individual school's
Internet site. If an Internet site is maintained for an independent charter school, the
bill requires the authorizer of the independent charter school to ensure that all
curricula used in the independent charter school are posted on the independent
charter school's Internet site. Under the bill, upon request, a school board or
independent charter school operator must provide a printed copy of any curriculum
that it is required to post on its Internet site, at no cost to the requester.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB411,1 1Section 1. 118.018 of the statutes is created to read:
AB411,2,6 2118.018 Instruction and employee training regarding race and sex
3stereotyping.
(1) A school board or the operator of a charter school established
4under s. 118.40 (2r) or (2x) shall not allow a teacher to teach race or sex stereotyping,
5including any of the following concepts, to pupils in any course or as part of any
6curriculum:
AB411,2,77 (a) One race or sex is inherently superior to another race or sex.
AB411,2,98 (b) An individual, by virtue of the individual's race or sex, is inherently racist,
9sexist, or oppressive, whether consciously or unconsciously.
AB411,2,1110 (c) An individual should be discriminated against or receive adverse treatment
11because of the individual's race or sex.
AB411,2,1312 (d) Individuals of one race or sex are not able to and should not attempt to treat
13others without respect to race or sex.
AB411,2,1514 (e) An individual's moral character is necessarily determined by the
15individual's race or sex.
AB411,3,2
1(f) An individual, by virtue of the individual's race or sex, bears responsibility
2for acts committed in the past by other individuals of the same race or sex.
AB411,3,43 (g) An individual should feel discomfort, guilt, anguish, or any other form of
4psychological distress because of the individual's race or sex.
AB411,3,75 (h) Systems based on meritocracy or traits such as a hard work ethic are racist
6or sexist or are created by individuals of a particular race to oppress individuals of
7another race.
AB411,3,12 8(2) A school board or the operator of a charter school established under s. 118.40
9(2r) or (2x) shall not require its employees to attend training in which the school
10board or operator, or a contractor hired by the school board or operator, teaches,
11advocates, acts upon, or promotes race or sex stereotyping, including any of the
12concepts described in sub. (1) (a) to (h).
AB411,3,16 13(3) (a) If the state superintendent determines that a school board or the
14operator of a charter school established under s. 118.40 (2r) or (2x) has violated sub.
15(1) or (2), the state superintendent shall notify the school board or operator of the
16violation.
AB411,3,2017 (b) 1. If, at least 10 days after sending a notification under par. (a) to a school
18board, the state superintendent determines that the school board has not remedied
19the violation that is the subject of the notification, the state superintendent shall
20withhold 10 percent of the school district's state aid distributions under s. 121.15.
AB411,3,2521 2. If, at least 10 days after sending a notification under par. (a) to the operator
22of a charter school established under s. 118.40 (2r) or (2x), the state superintendent
23determines that the governing body has not remedied the violation that is the subject
24of the notification, the state superintendent shall withhold 10 percent of the charter
25school's state aid distributions under s. 118.40 (2r) (e) 3m. or (f) 2. or (2x) (e) 2.
AB411,4,5
1(c) If the state superintendent is withholding state aid from a school board or
2the operator of a charter school established under s. 118.40 (2r) or (2x) under par. (b)
3and the state superintendent determines that the school board or operator is
4complying with subs. (1) and (2), the state superintendent shall cease withholding
5state aid from the school board or operator under par. (b).
AB411,4,12 6(4) A parent or guardian of a student in a school district or a charter school
7established under s. 118.40 (2r) or (2x) may bring an action in circuit court against
8the school board or operator of a charter school established under s. 118.40 (2r) or (2x)
9for violation of sub. (1) or (2). Notwithstanding s. 118.26, s. 893.80 does not apply to
10actions commenced under this subsection. Notwithstanding s. 814.04 (1), if a parent
11or guardian prevails in an action under this subsection, the court shall award
12reasonable attorney fees and costs.
AB411,2 13Section 2. 118.40 (2r) (b) 2. m. of the statutes is created to read:
AB411,4,1614 118.40 (2r) (b) 2. m. A requirement that, upon the request of any individual,
15the operator of the charter school shall provide a printed copy of any curriculum
16posted under par. (d) 3. to the individual at no cost to the individual.
AB411,3 17Section 3. 118.40 (2r) (d) 3. of the statutes is created to read:
AB411,4,2118 118.40 (2r) (d) 3. If an Internet site is maintained for a charter school under
19this subsection, ensure that all curricula used in the charter school are posted on the
20charter school's Internet site and that the posted information is updated as necessary
21to ensure that it is accurate.
AB411,4 22Section 4. 118.40 (2x) (b) 2. m. of the statutes is created to read:
AB411,4,2523 118.40 (2x) (b) 2. m. A requirement that, upon the request of any individual,
24the operator of the charter school shall provide a printed copy of any curriculum
25posted under par. (d) 3. to the individual at no cost to the individual.
AB411,5
1Section 5. 118.40 (2x) (d) 3. of the statutes is created to read:
AB411,5,52 118.40 (2x) (d) 3. If an Internet site is maintained for a charter school under
3this subsection, ensure that all curricula used in the charter school are posted on the
4charter school's Internet site and that the posted information is updated as necessary
5to ensure that it is accurate.
AB411,6 6Section 6. 118.57 (title) of the statutes is amended to read:
AB411,5,8 7118.57 (title) Notice of educational options; accountability report
8performance category;
pupil assessments curricula.
AB411,7 9Section 7. 118.57 (1m) of the statutes is created to read:
AB411,5,1810 118.57 (1m) Each school board shall post all curricula used in schools in the
11school district, including charter schools authorized by the school board, on the
12school district's Internet site, and if the school board maintains Internet sites for
13schools in the school district, post the curricula used in each school on each school's
14Internet site. The school board shall ensure that curricula posted under this
15subsection are updated as necessary to ensure that the posted information is
16accurate. Upon the request of any individual, the school board shall provide to the
17individual a printed copy of any curriculum posted under this subsection at no cost
18to the individual.
AB411,8 19Section 8. 119.04 (1) of the statutes is amended to read:
AB411,6,720 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
2166.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
22115.345, 115.363, 115.364, 115.365 (3), 115.366, 115.367, 115.38 (2), 115.415, 115.445,
23118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125
24to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18,
25118.19, 118.196, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10),

1118.245, 118.25, 118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43,
2118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 118.57 (1m), 120.12 (2m), (4m),
3(5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34),
4(35), (37), (37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are
5applicable to a 1st class city school district and board but not, unless explicitly
6provided in this chapter or in the terms of a contract, to the commissioner or to any
7school transferred to an opportunity schools and partnership program.
AB411,9 8Section 9. Initial applicability.
AB411,6,119 (1) The treatment of s. 118.40 (2r) (b) 2. m. and (2x) (b) 2. m. first applies to a
10contract that is entered into, renewed, or modified on the effective date of this
11subsection.
AB411,6,1312 (2) The treatment of s. 118.018 (4) first applies to a claim accruing on the
13effective date of this subsection.
AB411,6,1414 (End)
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