2025 - 2026 LEGISLATURE
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2025 SENATE BILL 120
March 7, 2025 - Introduced by Senators JACQUE and TOMCZYK, cosponsored by
Representatives DITTRICH, BEHNKE, B. JACOBSON, KREIBICH, MAXEY,
O'CONNOR, TUSLER, MURSAU and GOEBEN. Referred to Committee on
Education.
AN ACT to create 118.1255 of the statutes; relating to: school board policies
related to changing a pupil[s legal name and pronouns.
Analysis by the Legislative Reference Bureau
By July 1, 2026, this bill requires school boards to adopt 1) a policy related to
the conditions under which a school board will change a pupil[s legal name or legal
name and pronouns in official school records (legal name and pronoun records
policy) and 2) a policy related to the conditions under which a school board will
allow school staff to regularly use or refer to a minor pupil by a name other the
pupil[s legal name or by pronouns other than the pronouns provided at the time the
pupil first enrolled in the school district (name and pronoun usage policy).
The bill requires that a school board include certain provisions in its legal
name and pronoun records policy. Under the bill, a school board[s legal name and
pronoun record policy must include 1) that the initial determination is made by the
principal of the school the pupil attends, 2) that the principal may only approve the
change if the documentation of a legal name change is provided or, if such
documentation is not provided, an affidavit is provided stating, among other things,
that the pupil legally changed the pupil[s name and that it was not for a fraudulent
purpose or to interfere with the rights of others, 3) for a minor pupil, a requirement
that the school board make a reasonable attempt to provide each of the minor
pupil[s parents and legal guardians with an opportunity to provide information in
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favor of or against approving the requested change; and 4) a process to appeal a
principal[s decision to deny a request to the school board.
The bill also specifies provisions that a school board must include in its name
and pronoun usage policy. Under the bill, a school board[s name and pronoun usage
policy must 1) state that a minor pupil[s parent or legal guardian determines the
names and pronouns school staff are allowed use to refer to the minor pupil during
school hours and 2) prohibit school staff from referring to a minor pupil by a name
or pronoun that does not align with the pupil[s biological sex without written
authorization from the pupil[s parent or guardian. A name and pronoun usage
policy does not need to require written authorization for school staff to use a
shortened version of a minor pupil[s legal first or middle name to refer to the pupil.
Finally, the bill explicitly states that nothing in the bill may be construed to
limit the rights of pupils, parents, or guardians under the Family Educational
Rights and Privacy Act, the federal law the protects pupil records.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 118.1255 of the statutes is created to read:
118.1255 Pupil name change and pronoun usage; policies. (1) In this
section, Xofficial school recordsY has the meaning given for Xpupil recordsY in s.
118.125 (1) (d).
(2) By July 1, 2026, each school board shall adopt a policy related to the
conditions under which the school board will do each of the following:
(a) Change a pupil[s legal name or a pupil[s legal name and pronouns in
official school records.
(b) Allow school board employees to regularly use or refer to a pupil who is a
minor by a name other than the pupil[s legal name or by pronouns other than the
pronouns provided at the time the pupil first enrolls in the school district.
(3) A school board shall include at least all of the following in a policy adopted
under sub. (2) (a):
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(a) An initial request to change a pupil[s legal name or pronouns on official
school records shall be made to the principal of the school the pupil attends.
(b) A pupil[s official school records shall be maintained under a pupil[s legal
name and the pronouns provided at the time the pupil first enrolls in the school
district, unless any of the following apply:
1. A pupil[s parent or guardian submits a request to change the pupil[s name
in official school records due to a change in the pupil[s legal name in writing and
provides documentation of the pupil[s legal name change.
2. If a pupil or the pupil[s parent or guardian does not provide documentation
of the pupil[s legal name change and the pupil is 18 years of age or older, the pupil
provides an affidavit that includes the pupil[s former legal name and the pupil[s
new legal name and affirms all of the following:
a. The pupil has changed the pupil[s legal name.
b. The pupil consistently uses the new legal name for all official purposes.
c. The pupil is not a registered sex offender.
d. The pupil has not changed the pupil[s legal name for a fraudulent purpose
or in order to interfere with the rights of others.
3. If a pupil or the pupil[s parent or guardian does not provide documentation
of the pupil[s legal name change and the pupil is younger than 18 years of age, each
parent or legal guardian of the pupil provides an affidavit that includes the pupil[s
former legal name and the pupil[s new legal name and affirms all of the following:
a. The pupil has changed the pupil[s legal name.
b. The pupil consistently uses the new legal name for all official purposes.
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c. Neither the pupil, nor the parent, nor the guardian is prohibited by law
from changing the pupil[s name.
d. The pupil has not changed the pupil[s legal name for a fraudulent purpose
or in order to interfere with the rights of others.
(c) For a pupil who is under 18 years of age, before approving a request to
change the pupil[s legal name or the pupil[s legal name and pronouns in official
school records, the school board shall make a reasonable attempt to notify each of
the pupil[s parents and legal guardians who have a right to access the pupil[s
official school records under s. 118.125 (2) and provide an opportunity for each
parent or legal guardian to present any additional records or documentation to the
school board before the school board approves or denies the request.
(d) If a request for a pupil name change does not include documentation of a
legal name change and the pupil[s parents or guardians do not all support the
request to change the pupil[s legal name or the pupil[s legal name and pronouns in
the pupil[s official school records, a principal or school administrator shall deny the
request.
(e) A principal or school administrator may not change a pupil[s legal name or
pronouns in official school records unless the policy adopted under sub. (2) (a) and
any procedures developed to implement the policy have been followed.
(f) A procedure under which a parent, legal guardian, or pupil may appeal the
denial of a request to change the pupil[s legal name or the pupil[s legal name and
pronouns in official school records to the school board. A school board shall treat an
appeal under this paragraph in the same manner as a request to correct or delete
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information in official school records that is inaccurate, misleading, or otherwise in
violation of the privacy rights of students under 20 USC 1232g.
(4) A school board shall include at least all of the following in a policy adopted
under sub. (2) (b):
(a) A pupil[s parent or legal guardian determines the names and pronouns
school staff may use to refer to the pupil who is a minor during school hours.
(b) During school hours, school staff may not refer to a pupil who is a minor by
using a name or pronouns that do not align with the pupil[s biological sex without
written authorization from the pupil[s parent or legal guardian.
(c) Written authorization from a parent or legal guardian is not required
under par. (b) to refer to a pupil using a shortened version of the pupil[s legal first or
middle name.
(5) This section may not be construed to impair the rights of pupils, parents,
or guardians under 20 USC 1232g.
(END)
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