Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB100 Latest Draft

Bill / Introduced Version Filed 03/03/2025

                            2025 - 2026  LEGISLATURE
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CORRECTED
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2025 ASSEMBLY BILL 100
March 3, 2025 - Introduced by Representatives DITTRICH, KNODL, ALLEN, 
ARMSTRONG, BEHNKE, BROOKS, CALLAHAN, DONOVAN, DUCHOW, GOEBEN, 
GREEN, GUNDRUM, GUSTAFSON, B. JACOBSON, KREIBICH, KRUG, MAXEY, 
MOSES, MURPHY, MURSAU, NEDWESKI, O'CONNOR, PENTERMAN, 
PIWOWARCZYK, SORTWELL, STEFFEN, TUSLER, VANDERMEER and WICHGERS, 
cosponsored by Senators HUTTON, FELZKOWSKI, FEYEN, JACQUE, KAPENGA, 
NASS, QUINN, TESTIN, TOMCZYK and WANGGAARD. Referred to Committee on 
Education. 
 
 ***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 118.13 (1); 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.
Analysis by the Legislative Reference Bureau
This bill requires each school board, independent charter school, and private 
school participating in a parental choice program (educational institution) that 
operates or sponsors an interscholastic, intramural, or club athletic team or sport to 
designate the athletic team or sport based on the sex of the participating pupils.  
The bill defines XsexY as the sex determined at birth by a physician and reflected on 
the birth certificate.  The bill also requires an educational institution to prohibit a 
male pupil from 1) participating on an athletic team or in an athletic sport 
designated for females and 2) using a locker room designated for females.  Finally, 
the bill requires the educational institution to notify pupils and parents if an 
educational institution intends to change a designation for an athletic team or 
sport.
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SECTION 1
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 admission 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, pregnancy, 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; designation as single 
sex. (1) In this section:
(a)  XEducational institutionY means a school board, operator of a charter 
school authorized under s. 118.40 (2r) or (2x), and governing body of a private school 
participating in a program under s. 118.60 or 119.23.
(b)  XSexY means the sex determined at birth by a physician and reflected on 
the birth certificate.
(2) An educational institution that operates or sponsors 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 Xmales,Y Xmen,Y or Xboys.Y
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SECTION 2
2.  Females.  This designation may be referred to as Xfemales,Y Xwomen,Y or 
Xgirls.Y
(b)  Prohibit pupils of the male sex from participating on an athletic team or in 
an athletic sport that is designated for females under par. (a).
(c)  Prohibit pupils of the male sex from using locker rooms designated for 
females.
(d) 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 to participate in the athletic sport or on the athletic team 
under the previous and current designation 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) or (c) 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 retaliation or other adverse 
action by an educational institution or athletic association or organization, as a 
result of reporting a violation of sub. (2) (b) or (c) to an employee or representative of 
the educational institution or athletic association 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.
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SECTION 2
(c)  An educational institution that suffers any direct or indirect harm by a 
governmental entity, licensing or accrediting organization, or athletic association or 
organization as a result of compliance with sub. (2) (b) or (c) may bring a cause of 
action against the governmental entity, licensing or accrediting organization, or 
athletic association or organization for injunctive relief, damages, and any other 
relief available under law.
(END)
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