Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB120 Compare Versions

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

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1	1	2025 - 2026 LEGISLATURE
2	2	LRB-2344/1
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4	4	2025 SENATE BILL 120
5	5	March 7, 2025 - Introduced by Senators JACQUE and TOMCZYK, cosponsored by
6	6	Representatives DITTRICH, BEHNKE, B. JACOBSON, KREIBICH, MAXEY,
7	7	O'CONNOR, TUSLER, MURSAU and GOEBEN. Referred to Committee on
8	8	Education.
9	9	AN ACT to create 118.1255 of the statutes; relating to: school board policies
10	10	related to changing a pupil[s legal name and pronouns.
11	11	Analysis by the Legislative Reference Bureau
12	12	By July 1, 2026, this bill requires school boards to adopt 1) a policy related to
13	13	the conditions under which a school board will change a pupil[s legal name or legal
14	14	name and pronouns in official school records (legal name and pronoun records
15	15	policy) and 2) a policy related to the conditions under which a school board will
16	16	allow school staff to regularly use or refer to a minor pupil by a name other the
17	17	pupil[s legal name or by pronouns other than the pronouns provided at the time the
18	18	pupil first enrolled in the school district (name and pronoun usage policy).
19	19	The bill requires that a school board include certain provisions in its legal
20	20	name and pronoun records policy. Under the bill, a school board[s legal name and
21	21	pronoun record policy must include 1) that the initial determination is made by the
22	22	principal of the school the pupil attends, 2) that the principal may only approve the
23	23	change if the documentation of a legal name change is provided or, if such
24	24	documentation is not provided, an affidavit is provided stating, among other things,
25	25	that the pupil legally changed the pupil[s name and that it was not for a fraudulent
26	26	purpose or to interfere with the rights of others, 3) for a minor pupil, a requirement
27	27	that the school board make a reasonable attempt to provide each of the minor
28	28	pupil[s parents and legal guardians with an opportunity to provide information in
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30	30	2 2025 - 2026 Legislature
31	31	SENATE BILL 120
32	32	- 2 - LRB-2344/1
33	33	FFK:cdc
34	34	SECTION 1
35	35	favor of or against approving the requested change; and 4) a process to appeal a
36	36	principal[s decision to deny a request to the school board.
37	37	The bill also specifies provisions that a school board must include in its name
38	38	and pronoun usage policy. Under the bill, a school board[s name and pronoun usage
39	39	policy must 1) state that a minor pupil[s parent or legal guardian determines the
40	40	names and pronouns school staff are allowed use to refer to the minor pupil during
41	41	school hours and 2) prohibit school staff from referring to a minor pupil by a name
42	42	or pronoun that does not align with the pupil[s biological sex without written
43	43	authorization from the pupil[s parent or guardian. A name and pronoun usage
44	44	policy does not need to require written authorization for school staff to use a
45	45	shortened version of a minor pupil[s legal first or middle name to refer to the pupil.
46	46	Finally, the bill explicitly states that nothing in the bill may be construed to
47	47	limit the rights of pupils, parents, or guardians under the Family Educational
48	48	Rights and Privacy Act, the federal law the protects pupil records.
49	49	The people of the state of Wisconsin, represented in senate and assembly, do
50	50	enact as follows:
51	51	SECTION 1. 118.1255 of the statutes is created to read:
52	52	118.1255 Pupil name change and pronoun usage; policies. (1) In this
53	53	section, Xofficial school recordsY has the meaning given for Xpupil recordsY in s.
54	54	118.125 (1) (d).
55	55	(2) By July 1, 2026, each school board shall adopt a policy related to the
56	56	conditions under which the school board will do each of the following:
57	57	(a) Change a pupil[s legal name or a pupil[s legal name and pronouns in
58	58	official school records.
59	59	(b) Allow school board employees to regularly use or refer to a pupil who is a
60	60	minor by a name other than the pupil[s legal name or by pronouns other than the
61	61	pronouns provided at the time the pupil first enrolls in the school district.
62	62	(3) A school board shall include at least all of the following in a policy adopted
63	63	under sub. (2) (a):
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77	77	SENATE BILL 120
78	78	- 3 - LRB-2344/1
79	79	FFK:cdc
80	80	SECTION 1
81	81	(a) An initial request to change a pupil[s legal name or pronouns on official
82	82	school records shall be made to the principal of the school the pupil attends.
83	83	(b) A pupil[s official school records shall be maintained under a pupil[s legal
84	84	name and the pronouns provided at the time the pupil first enrolls in the school
85	85	district, unless any of the following apply:
86	86	1. A pupil[s parent or guardian submits a request to change the pupil[s name
87	87	in official school records due to a change in the pupil[s legal name in writing and
88	88	provides documentation of the pupil[s legal name change.
89	89	2. If a pupil or the pupil[s parent or guardian does not provide documentation
90	90	of the pupil[s legal name change and the pupil is 18 years of age or older, the pupil
91	91	provides an affidavit that includes the pupil[s former legal name and the pupil[s
92	92	new legal name and affirms all of the following:
93	93	a. The pupil has changed the pupil[s legal name.
94	94	b. The pupil consistently uses the new legal name for all official purposes.
95	95	c. The pupil is not a registered sex offender.
96	96	d. The pupil has not changed the pupil[s legal name for a fraudulent purpose
97	97	or in order to interfere with the rights of others.
98	98	3. If a pupil or the pupil[s parent or guardian does not provide documentation
99	99	of the pupil[s legal name change and the pupil is younger than 18 years of age, each
100	100	parent or legal guardian of the pupil provides an affidavit that includes the pupil[s
101	101	former legal name and the pupil[s new legal name and affirms all of the following:
102	102	a. The pupil has changed the pupil[s legal name.
103	103	b. The pupil consistently uses the new legal name for all official purposes.
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127	127	SENATE BILL 120
128	128	- 4 - LRB-2344/1
129	129	FFK:cdc
130	130	SECTION 1
131	131	c. Neither the pupil, nor the parent, nor the guardian is prohibited by law
132	132	from changing the pupil[s name.
133	133	d. The pupil has not changed the pupil[s legal name for a fraudulent purpose
134	134	or in order to interfere with the rights of others.
135	135	(c) For a pupil who is under 18 years of age, before approving a request to
136	136	change the pupil[s legal name or the pupil[s legal name and pronouns in official
137	137	school records, the school board shall make a reasonable attempt to notify each of
138	138	the pupil[s parents and legal guardians who have a right to access the pupil[s
139	139	official school records under s. 118.125 (2) and provide an opportunity for each
140	140	parent or legal guardian to present any additional records or documentation to the
141	141	school board before the school board approves or denies the request.
142	142	(d) If a request for a pupil name change does not include documentation of a
143	143	legal name change and the pupil[s parents or guardians do not all support the
144	144	request to change the pupil[s legal name or the pupil[s legal name and pronouns in
145	145	the pupil[s official school records, a principal or school administrator shall deny the
146	146	request.
147	147	(e) A principal or school administrator may not change a pupil[s legal name or
148	148	pronouns in official school records unless the policy adopted under sub. (2) (a) and
149	149	any procedures developed to implement the policy have been followed.
150	150	(f) A procedure under which a parent, legal guardian, or pupil may appeal the
151	151	denial of a request to change the pupil[s legal name or the pupil[s legal name and
152	152	pronouns in official school records to the school board. A school board shall treat an
153	153	appeal under this paragraph in the same manner as a request to correct or delete
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176	176	23 2025 - 2026 Legislature
177	177	SENATE BILL 120
178	178	- 5 - LRB-2344/1
179	179	FFK:cdc
180	180	SECTION 1
181	181	information in official school records that is inaccurate, misleading, or otherwise in
182	182	violation of the privacy rights of students under 20 USC 1232g.
183	183	(4) A school board shall include at least all of the following in a policy adopted
184	184	under sub. (2) (b):
185	185	(a) A pupil[s parent or legal guardian determines the names and pronouns
186	186	school staff may use to refer to the pupil who is a minor during school hours.
187	187	(b) During school hours, school staff may not refer to a pupil who is a minor by
188	188	using a name or pronouns that do not align with the pupil[s biological sex without
189	189	written authorization from the pupil[s parent or legal guardian.
190	190	(c) Written authorization from a parent or legal guardian is not required
191	191	under par. (b) to refer to a pupil using a shortened version of the pupil[s legal first or
192	192	middle name.
193	193	(5) This section may not be construed to impair the rights of pupils, parents,
194	194	or guardians under 20 USC 1232g.
195	195	(END)
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