Date of enactment:
2023 Assembly Bill 510 Date of publication*:
2023 WISCONSIN ACT
AN ACT to create 48.9865 of the statutes; relating to: rights reserved to a parent or guardian of a child.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 48.9865 of the statutes is created to read:
48.9865 Rights reserved to parents. (1) In this sec-
tion:
(a) “Controversial subject” means a subject of sub-
stantial public debate, disagreement, or disapproval and
includes instruction about gender identity, sexual orien-
tation, racial identity, structural, systemic, or institutional
racism, or content that is not age−appropriate, as defined
in s. 118.019 (1m) (a).
(b) “School board” has the meaning given in s.
115.001 (7).
(c) “Timely notice” means written notice provided to
a parent or guardian through a process consistent with
school policy such that the parent or guardian may effec-
tively exercise the rights set forth under this section.
(2) This state may not infringe on the fundamental
right of parents to direct the upbringing, education, health
care, and mental health of their children without demon-
strating that the infringement is required by a compelling
governmental interest of the highest order as applied to
the child, is narrowly tailored, and is not otherwise served
by a less restrictive means. The rights enumerated in this
section are in addition to rights granted to parents under
the constitutions of this state and of the United States.
(3) All of the following rights are reserved to the par-
ent of a child without interference from the state or other
government entity:
(a) The right to determine the religion of the child.
(b) The right to determine the type of school or edu-
cational setting the child attends.
(c) The right to be notified of each health care service,
including vaccinations or immunizations, offered at the
child’s school and the right to withhold consent or decline
any specific service, unless otherwise specified by law or
court order.
(d) The right to review all medical records related to
the child, unless otherwise specified by law or court
order.
(e) The right to determine the names and pronouns
used for the child while at school.
(f) The right to review instructional materials and
outlines used by the child’s school, to the extent required
by federal law.
(g) The right to access records regarding the educa-
tion of the child that are generated, maintained, or used
by the child’s school, to the extent required by federal
law.
(h) The right to timely notice by the child’s school of
any surveys or evaluations conducted in the child’s class-
room that would reveal information concerning any of
* 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 510
the following about the child or his or her parent or family
members:
1. Political affiliations or beliefs.
2. Mental or psychological problems.
3. Sexual behavior or attitudes.
4. Illegal, antisocial, self−incriminating, or demean-
ing behavior.
5. Critical appraisals of individuals with whom the
child or parent has a close family relationship.
6. Relationships that are legally recognized as privi-
leged, such as those with lawyers, physicians, and minis-
ters.
7. Religious practices, affiliations, or beliefs.
8. Income, unless otherwise specified by law.
(i) The right to timely notice by the child’s school,
through a process consistent with school policy, of when
a controversial subject will be taught or discussed in the
child’s classroom.
(j) The right to opt out of a class or instructional mate-
rials at the child’s school for reasons based on either reli-
gion or personal conviction.
(k) The right to visit the child at school during school
hours, consistent with school policy, unless otherwise
specified by law or court order.
(L) The right to engage with locally elected school
board members of the school district in which the child
is a student in accordance with school district policy,
including by participating at regularly scheduled school
board meetings.
(m) The right to be notified of the creation of or
updates to a security or surveillance system at the child’s
school, not including routine maintenance.
(n) The right to be informed by the child’s school, in
accordance with school policy, of any disciplinary action
taken against the child. This includes suspension, expul-
sion, seclusion, physical restraint, or removal from class.
(o) The right to be timely informed of any acts of vio-
lence or crimes occurring on grounds of the child’s
school.
(p) The right to receive accurate and individual infor-
mation from the child’s school at least 2 times per year
regarding the academic proficiency and classroom
behavior of the child.
(4) Except as limited by other law or court order, a
guardian of a child has the rights specified under subs. (2)
and (3).
(5) Nothing in this section authorizes a parent or
guardian to abuse or neglect a child in violation of the
laws of this state. This section may not be construed to
apply to a parent’s or guardian’s action or decision that
would end life. Nothing in this section prohibits a court
from issuing an order that is otherwise permitted by law.
This section may not be construed to supersede a court
order.
(6) A school board shall adopt a policy setting forth
a process by which a parent or guardian of a pupil
enrolled in the school district may file a written com-
plaint alleging that the parent’s or guardian’s rights under
sub. (3) were violated. The policy shall require the school
board to hold a public hearing to address any written
complaints received under this subsection at least once
every 3 months. The policy shall establish this process
to be timely, to grant the school board the final decision,
and to allow a clear process to appeal that decision.
(7) A parent or guardian who is denied one or more
of the rights identified in sub. (3) may do any of the fol-
lowing:
(a) File a written complaint as provided in the school
board policy under sub. (6), if applicable.
(b) Bring a civil action against a governmental body
or official. A parent or guardian may raise a violation of
this section in court or before an administrative tribunal
of appropriate jurisdiction as a claim or defense. A parent
or guardian who successfully asserts a claim under this
subsection may recover declaratory relief, injunctive
relief, reasonable attorney’s fees and costs notwithstand-
ing s. 814.04 (1), and no more than $10,000 for any other
appropriate relief.
(8) A parent of a child in this state has inalienable
rights that are more comprehensive than those listed in
this section, unless such rights have been legally waived,
limited, or terminated. A guardian of a child in this state
may have rights that are more comprehensive than those
listed in this section.