Date of enactment:
2023 Assembly Bill 377 Date of publication*:
2023 WISCONSIN ACT
AN ACT to amend 118.13 (1); and to create 118.132 of the statutes; relating to: designating athletic sports and teams
operated or sponsored by public schools or private schools participating in a parental choice program based on the
sex of the participants.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 118.13 (1) of the statutes is amended to
read:
118.13 (1) Except as provided in s. ss. 118.132 (2)
(b) and 120.13 (37m), no person may be denied admis-
sion to any public school or be denied participation in, be
denied the benefits of or be discriminated against in any
curricular, extracurricular, pupil services, recreational or
other program or activity because of the person’s sex,
race, religion, national origin, ancestry, creed, preg-
nancy, marital or parental status, sexual orientation or
physical, mental, emotional or learning disability.
SECTION 2. 118.132 of the statutes is created to read:
118.132 Interscholastic or intramural sports; des-
ignation as single sex or coed. (1) In this section:
(a) “Educational institution” means a school board,
operator of a charter school authorized under s. 118.40
(2r) or (2x), and governing body of a private school par-
ticipating 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 birth certificate.
(2) An educational institution that operates or spon-
sors an interscholastic, 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 on the sex of the participating
pupils:
1. Males. This designation may be referred to as
“males,” “men,” or “boys.”
2. Females. This designation may be referred to as
“females,” “women,” or “girls.”
3. Males and Females. This designation may be
referred to as “mixed−sex,” “coed,” or “inclusive.”
(b) Prohibit pupils of the male sex from participating
on an athletic team or in an athletic sport that is desig-
nated for females under par. (a).
(c) If the educational institution intends to change the
designation of an athletic team or sport under par. (a),
provide written notification of the change to pupils who
are eligible under both the previous and current designa-
tion to participate in the athletic sport or on the athletic
team and to the parents or guardians of those pupils.
(3) (a) A pupil of the female sex who is deprived of
the opportunity to participate in an athletic sport or on an
athletic team or who suffers any direct or indirect harm
as the result of a violation of sub. (2) (b) may bring a cause
of action against an educational institution for injunctive
relief, damages, and any other relief available under law.
(b) A pupil of the female sex who is subject to retalia-
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Assembly Bill 377
tion or other adverse action by an educational institution
or athletic association or organization, as a result of
reporting a violation of sub. (2) (b) to an employee or rep-
resentative of the educational institution or athletic asso-
ciation or organization or to any state or federal agency
with oversight over the educational institution, may bring
a cause of action against the educational institution or
athletic association or organization for injunctive relief,
damages, and any other relief available under law.
(c) An educational institution that suffers any direct
or indirect harm by a governmental entity, licensing or
accrediting organization, or athletic association or orga-
nization as a result of compliance with sub. (2) (b) may
bring a cause of action against the governmental entity,
licensing or accrediting organization, or athletic associa-
tion or organization for injunctive relief, damages, and
any other relief available under law.