Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB377 Compare Versions

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 377
5	5	August 11, 2023 - Introduced by Representatives DITTRICH, RETTINGER, CALLAHAN,
6	6	MAGNAFICI, BINSFELD, O'CONNOR, GUNDRUM, GUSTAFSON, MAXEY, BODDEN,
7	7	PENTERMAN, ARMSTRONG, BRANDTJEN, TUSLER, S. JOHNSON, SAPIK, MACCO,
8	8	ROZAR, GREEN, SCHMIDT, ALLEN, BEHNKE, DUCHOW, HURD, TITTL, NEDWESKI,
9	9	SCHRAA, WICHGERS, EDMING, SORTWELL, DONOVAN and MURPHY, cosponsored by
10	10	Senator KNODL. Referred to Committee on Education.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to amend 118.13 (1); and to create 118.132 of the statutes; relating to:
13	13	designating athletic sports and teams operated or sponsored by public schools
14	14	or private schools participating in a parental choice program based on the sex
15	15	of the participants.
16	16	Analysis by the Legislative Reference Bureau
17	17	This bill requires each school board, independent charter school, and private
18	18	school participating in a parental choice program (educational institution) that
19	19	operates or sponsors an interscholastic, intramural, or club athletic team or sport to
20	20	designate the athletic team or sport as falling into one of three categories based on
21	21	the sex of the participating pupils. The three designations are 1) males, 2) females,
22	22	and 3) males and females. The bill defines “sex” as the sex determined at birth by
23	23	a physician and reflected on the birth certificate. The bill also requires an
24	24	educational institution to prohibit a male pupil from participating on an athletic
25	25	team or in an athletic sport designated for females. Finally, the bill requires the
26	26	educational institution to notify pupils and parents if an educational institution
27	27	intends to change a designation for an athletic team or sport.
28	28	The people of the state of Wisconsin, represented in senate and assembly, do
29	29	enact as follows:
30	30	SECTION 1. 118.13 (1) of the statutes is amended to read:
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37	37	SECTION 1 ASSEMBLY BILL 377
38	38	118.13 (1) Except as provided in s. ss. 118.132 (2) (b) and 120.13 (37m), no
39	39	person may be denied admission to any public school or be denied participation in,
40	40	be denied the benefits of or be discriminated against in any curricular,
41	41	extracurricular, pupil services, recreational or other program or activity because of
42	42	the person's sex, race, religion, national origin, ancestry, creed, pregnancy, marital
43	43	or parental status, sexual orientation or physical, mental, emotional or learning
44	44	disability.
45	45	SECTION 2. 118.132 of the statutes is created to read:
46	46	118.132 Interscholastic or intramural sports; designation as single sex
47	47	or coed. (1) In this section:
48	48	(a) “Educational institution” means a school board, operator of a charter school
49	49	authorized under s. 118.40 (2r) or (2x), and governing body of a private school
50	50	participating in a program under s. 118.60 or 119.23.
51	51	(b) “Sex” means the sex determined at birth by a physician and reflected on the
52	52	birth certificate.
53	53	(2) An educational institution that operates or sponsors an interscholastic,
54	54	intramural, or club athletic team or sport shall do all of the following:
55	55	(a) Expressly designate the athletic team or sport as one of the following based
56	56	on the sex of the participating pupils:
57	57	1. Males. This designation may be referred to as “males,” “men,” or “boys.”
58	58	2. Females. This designation may be referred to as “females,” “women,” or
59	59	“girls.”
60	60	3. Males and Females. This designation may be referred to as “mixed-sex,”
61	61	“coed,” or “inclusive.”
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88	88	SECTION 2
89	89	ASSEMBLY BILL 377
90	90	(b) Prohibit pupils of the male sex from participating on an athletic team or in
91	91	an athletic sport that is designated for females under par. (a).
92	92	(c) If the educational institution intends to change the designation of an
93	93	athletic team or sport under par. (a), provide written notification of the change to
94	94	pupils who are eligible under both the previous and current designation to
95	95	participate in the athletic sport or on the athletic team and to the parents or
96	96	guardians of those pupils.
97	97	(3) (a) A pupil of the female sex who is deprived of the opportunity to participate
98	98	in an athletic sport or on an athletic team or who suffers any direct or indirect harm
99	99	as the result of a violation of sub. (2) (b) may bring a cause of action against an
100	100	educational institution for injunctive relief, damages, and any other relief available
101	101	under law.
102	102	(b) A pupil of the female sex who is subject to retaliation or other adverse action
103	103	by an educational institution or athletic association or organization, as a result of
104	104	reporting a violation of sub. (2) (b) to an employee or representative of the
105	105	educational institution or athletic association or organization or to any state or
106	106	federal agency with oversight over the educational institution, may bring a cause of
107	107	action against the educational institution or athletic association or organization for
108	108	injunctive relief, damages, and any other relief available under law.
109	109	(c) An educational institution that suffers any direct or indirect harm by a
110	110	governmental entity, licensing or accrediting organization, or athletic association or
111	111	organization as a result of compliance with sub. (2) (b) may bring a cause of action
112	112	against the governmental entity, licensing or accrediting organization, or athletic
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137	137	SECTION 2 ASSEMBLY BILL 377
138	138	association or organization for injunctive relief, damages, and any other relief
139	139	available under law.
140	140	(END)
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