Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB505 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	LRB-4376/1
2	2	FFK:cjs&amn
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 505
5	5	October 16, 2023 - Introduced by Senators SPREITZER, LARSON, L. JOHNSON, SMITH,
6	6	AGARD, ROYS, CARPENTER, PFAFF and HESSELBEIN, cosponsored by
7	7	Representatives SHELTON, J. ANDERSON, HONG, C. ANDERSON, CLANCY,
8	8	JACOBSON, CONSIDINE, MYERS, VINING, SHANKLAND, BARE, MADISON, BALDEH,
9	9	CABRERA, CONLEY, HAYWOOD, JOERS, NEUBAUER, OHNSTAD, PALMERI, RATCLIFF,
10	10	SINICKI, SNODGRASS and STUBBS. Referred to Committee on Education.
11	11	AN ACT to amend 118.019 (2d), 118.13 (1), 118.13 (2) (a), 118.13 (3) (a) 3., 118.13
12	12	(3) (b) 1. and 2., 118.13 (4), 118.20 (1) and 118.40 (4) (b) 2.; and to create 118.13
13	13	(1m) of the statutes; relating to: pupil discrimination and private school
14	14	participating in a parental choice program or the Special Needs Scholarship
15	15	Program, discrimination based on gender identity or gender expression, and
16	16	providing a penalty.
17	17	Analysis by the Legislative Reference Bureau
18	18	Under current law, an individual may not be denied admission to a public school
19	19	or be denied participation in, denied the benefits of, or discriminated against in
20	20	curricular or extracurricular programs, services, or activities because of the
21	21	individual's sex, race, religion, national origin, ancestry, creed, pregnancy, marital
22	22	or parental status, sexual orientation, or physical, mental, emotional, or learning
23	23	disability. This bill extends this pupil anti-discrimination law to also apply to private
24	24	schools participating in the Milwaukee Parental Choice Program, the Racine
25	25	Parental Choice Program, the Wisconsin Parental Choice Program, or the Special
26	26	Needs Scholarship Program. Additionally, the bill extends the pupil
27	27	anti-discrimination law, a similar pupil anti-discrimination law that explicitly
28	28	applies to charter schools, a similar anti-discrimination law that applies to teachers
29	29	and school personnel in public schools, and the anti-discrimination provision that
30	30	applies to human growth and development instruction to prohibit discrimination on
31	31	the basis of gender identity or gender expression.
32	32	1
33	33	2
34	34	3
35	35	4
36	36	5
37	37	6 - 2 -2023 - 2024 Legislature LRB-4376/1
38	38	FFK:cjs&amn
39	39	SENATE BILL 505
40	40	Current law requires each school board to develop written policies and
41	41	procedures to implement the pupil anti-discrimination law, which must include a
42	42	complaint process for violations of the law. Under the bill, the governing body of a
43	43	private school participating in a parental choice program or the SNSP must develop
44	44	similar policies and procedures. Under current law, if a public school official,
45	45	employee, or teacher intentionally engages in conduct which discriminates against
46	46	a pupil or causes a pupil to be denied rights, benefits, or privileges, in violation of the
47	47	law, the Department of Public Instruction may assess a forfeiture of up to $1,000.
48	48	Under the bill, DPI may also assess a forfeiture against a private school official,
49	49	employee, or teacher who engages in such conduct.
50	50	The people of the state of Wisconsin, represented in senate and assembly, do
51	51	enact as follows:
52	52	SECTION 1. 118.019 (2d) of the statutes is amended to read:
53	53	118.019 (2d) NONDISCRIMINATION. An instructional program under this section
54	54	shall use instructional methods and materials that, consistent with s. 118.13 (1), do
55	55	not discriminate against a pupil based upon the pupil's race, gender, religion, sexual
56	56	orientation, gender identity, gender expression, or ethnic or cultural background or
57	57	against sexually active pupils or children with disabilities. Nothing in this
58	58	subsection shall be construed to prohibit a school board from approving an
59	59	instructional program under this section that includes instruction on abstinence
60	60	from sexual activity or that is abstinence-centered.
61	61	SECTION 2. 118.13 (1) of the statutes is amended to read:
62	62	118.13 (1) Except as provided in s. 120.13 (37m) and sub. (1m), no person may
63	63	be denied admission to any public school or a private school participating in a
64	64	program under s. 115.7915, 118.60, or 119.23 or be denied participation in, be denied
65	65	the benefits of, or be discriminated against in any curricular, extracurricular, pupil
66	66	services, recreational or other program or activity because of the person's sex, race,
67	67	religion, national origin, ancestry, creed, pregnancy, marital or parental status,
68	68	1
69	69	2
70	70	3
71	71	4
72	72	5
73	73	6
74	74	7
75	75	8
76	76	9
77	77	10
78	78	11
79	79	12
80	80	13
81	81	14
82	82	15
83	83	16 - 3 -2023 - 2024 Legislature
84	84	LRB-4376/1
85	85	FFK:cjs&amn
86	86	SECTION 2
87	87	SENATE BILL 505
88	88	sexual orientation, gender identity, gender expression, or physical, mental,
89	89	emotional, or learning disability.
90	90	SECTION 3. 118.13 (1m) of the statutes is created to read:
91	91	118.13 (1m) (a) 1. With respect to being denied admission to, being denied
92	92	participation in, being denied the benefits of, or being discriminated against on the
93	93	basis of sex, sub. (1) does not apply to a private school participating in a program
94	94	under s. 115.7915, 118.60, or 119.23 that limits admission to pupils of only one sex.
95	95	2. Notwithstanding subd. 1., a private school participating in a program under
96	96	s. 115.7915, 118.60, or 119.23 that limits admission to pupils of only one sex may not
97	97	deny admission to a pupil if the sex to which admissions are limited is the sex that
98	98	is most consistent with the pupil's gender identity.
99	99	(b) With respect to discrimination on the basis of religion, sub. (1) does not apply
100	100	to a sectarian private school participating in a program under s. 115.7915, 118.60,
101	101	or 119.23 declining to provide instruction in the tenets of a religion that is different
102	102	from the religion with which the private school is affiliated.
103	103	SECTION 4. 118.13 (2) (a) of the statutes is amended to read:
104	104	118.13 (2) (a) Each school board and each governing body of a private school
105	105	participating in a program under s. 115.7915, 118.60, or 119.23 shall develop written
106	106	policies and procedures to implement this section and submit them to the state
107	107	superintendent as a part of its 1986 annual report under s. 120.18. The policies and
108	108	procedures shall provide for receiving and investigating complaints by residents of
109	109	the school district regarding possible violations of this section, for making
110	110	determinations as to whether this section has been violated and for ensuring
111	111	compliance with this section.
112	112	SECTION 5. 118.13 (3) (a) 3. of the statutes is amended to read:
113	113	1
114	114	2
115	115	3
116	116	4
117	117	5
118	118	6
119	119	7
120	120	8
121	121	9
122	122	10
123	123	11
124	124	12
125	125	13
126	126	14
127	127	15
128	128	16
129	129	17
130	130	18
131	131	19
132	132	20
133	133	21
134	134	22
135	135	23
136	136	24
137	137	25 - 4 -2023 - 2024 Legislature LRB-4376/1
138	138	FFK:cjs&amn
139	139	SECTION 5 SENATE BILL 505
140	140	118.13 (3) (a) 3. Include in the department's biennial report under s. 15.04 (1)
141	141	(d) information on the status of school district compliance with this section and
142	142	school district progress toward providing reasonable equality of educational
143	143	opportunity for all pupils in this state.
144	144	SECTION 6. 118.13 (3) (b) 1. and 2. of the statutes are amended to read:
145	145	118.13 (3) (b) 1. Periodically review school district programs, activities and
146	146	services to determine whether the school boards and governing bodies of private
147	147	schools participating in a program under s. 115.7915, 118.60, or 119.23 are complying
148	148	with this section.
149	149	2. Assist school boards and governing bodies of private schools participating in
150	150	a program under s. 115.7915, 118.60, or 119.23 to comply with this section by
151	151	providing information and technical assistance upon request.
152	152	SECTION 7. 118.13 (4) of the statutes is amended to read:
153	153	118.13 (4) Any public school or private school official, employee, or teacher who
154	154	intentionally engages in conduct which discriminates against a person or causes a
155	155	person to be denied rights, benefits, or privileges, in violation of sub. (1), may be
156	156	required to forfeit not more than $1,000.
157	157	SECTION 8. 118.20 (1) of the statutes is amended to read:
158	158	118.20 (1) No discrimination because of sex, except where sex is a bona fide
159	159	occupational qualification as defined in s. 111.36 (2), race, nationality, gender
160	160	identity, gender expression, or political or religious affiliation may be practiced in the
161	161	employment of teachers or administrative personnel in public schools or in their
162	162	assignment or reassignment. No questions of any nature or form relative to sex,
163	163	except where sex is a bona fide occupational qualification as defined in s. 111.36 (2),
164	164	race, nationality, gender identity, gender expression, or political or religious
165	165	1
166	166	2
167	167	3
168	168	4
169	169	5
170	170	6
171	171	7
172	172	8
173	173	9
174	174	10
175	175	11
176	176	12
177	177	13
178	178	14
179	179	15
180	180	16
181	181	17
182	182	18
183	183	19
184	184	20
185	185	21
186	186	22
187	187	23
188	188	24
189	189	25 - 5 -2023 - 2024 Legislature
190	190	LRB-4376/1
191	191	FFK:cjs&amn
192	192	SECTION 8
193	193	SENATE BILL 505
194	194	affiliation may be asked applicants for teaching or administrative positions in the
195	195	public schools either by public school officials or employees or by teachers agencies
196	196	or placement bureaus.
197	197	SECTION 9. 118.40 (4) (b) 2. of the statutes is amended to read:
198	198	118.40 (4) (b) 2. Except as provided in sub. (3) (h), discriminate in admission
199	199	or deny participation in any program or activity on the basis of a person's sex, race,
200	200	religion, national origin, ancestry, pregnancy, marital or parental status, sexual
201	201	orientation, gender identity, gender expression, or physical, mental, emotional or
202	202	learning disability.
203	203	(END)
204	204	1
205	205	2
206	206	3
207	207	4
208	208	5
209	209	6
210	210	7
211	211	8
212	212	9
213	213	10