AB 377 — 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.

CORRECTEDDate COPYof -enactment: 2024 LEGISLATURE LRB-3855/1 FFK:klm&amn ASSEMBLY BILL 377 August 11, 2023 - Introduced by RepresentativesITTRIC, RETTINGER, ALLAHAN , M AGNAFICI, BINSFELD, OC ONNOR, G UNDRUM , GUSTAFSON, M AXEY, BODDEN , PENTERMAN , ARMSTRONG , BRANDTJEN , TUSLER, S.JOHNSON , SAPIK, MACCO , ROZAR , REEN , CHMIDT , LLEN , EHNKE , DUCHOW , HURD, TITT, NEDWESKI , SCHRAA , WICHGERS, DMING, SORTWELL, DONOVAN and M URPHY, cosponsored by Senators K NODL, Q UINN, M ARKLEIN, HUTTON and T OMCZYK .

ReferredAssembly toBill Committee377 onDate Education.of publication*:

WISCONSIN ACT A N A CT to amendamend118.13 118.13 (1);

and to create 118.132 of the statutes;statutes;relating to:

relating to:

AnalysisThe bypeople of the Legislativestate Referenceof BureauWisconsin, Thisrepresented bill requires each school board, independent charter school, and private school participating in a(a) parentalExpressly choice program (educational institution) that operates or sponsors an interscholastic, intramural, or club athletic team or sport to designate the athletic team or sport as fallingsenate intoand oneassembly, ofdo threeenact categoriesas basedfollows: on the sex of the participating pupils.

Theone threeof designationsthe arefollowing 1)based males,on 2)the females,sex andof 3)the malesparticipating andSECTION females.1.

The118.13 bill(1) definesof “sex” as the sexstatutes determinedis atamended birth by a physician and reflected on the birth certificateThe bill also requires an educational institution to prohibitpupils: a male pupil from participating on an athletic team or in an athletic sport designated for females.

Finally,read: 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.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

S ECTION 1.

118.13 (1) of the statutes is amended to read:

- 2024 Legislature - 2 - LRB-3855/1 FFK:klm&amn ASSEMBLY BILL 377 SECTION 1 118.13 (1) Except as provided in s.s.

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.

S ECTION 2.

118.132 of the statutes is created to read:

118.132 Interscholastic or intramural sports;

designation as single sex or coed.

(1) In this section:

(a) “Educational institution” 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) “Sex” 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:

This designation may be referred to as “males,”118.13 “men,”(1) orExcept “boys.”as 2.provided in s.

ss.

118.132 (2) “males,” “men,” or “boys.” (b) and 120.13 (37m), no person may be denied admis- 2.

This designation may be referred to as “females,” “women,” or “girls.” sion to any public school or be denied participation in, be 3.

This designation may be referreddenied tothe asbenefits “mixed-sex,”of “coed,”or be discriminated against in any curricular, extracurricular, pupil services, recreational or “inclusive.”referred LRB-3855/1to -as 2024“mixed−sex,” Legislature“coed,” -or 3“inclusive.” -other FFK:klm&amnprogram Sor ECTIONactivity 2because ASSEMBLYof BILLthe 377person’s sex, (b) Prohibit pupils of the male sex from participating race, religion, national origin, ancestry, creed, preg- on an athletic team or in an athletic sport that is designateddesig- nancy, marital or parental status, sexual orientation or nated for females under par.

(c)physical, Ifmental, theemotional educational institution intends to change the designation of an athletic team or sportlearning underdisability. par.

(a),(c) provideIf written notification of the changeeducational toinstitution pupilsintends who are eligible under both the previous and current designation to participatechange in the athleticSECTION sport2. or on the athletic team and to the parents or guardians of those pupils.

(3)118.132 (a) A pupil of the femalestatutes sex who is deprivedcreated of the opportunity to participateread: 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)designation (b) may bring a cause of action against an educationalathletic institutionteam foror injunctivesport relief, damages, and any other relief available under law.par.

(b)(a), Aprovide pupilwritten notification of the femalechange sex who is subject to retaliationpupils orwho other118.132 adverseInterscholastic action by an educational institution or athleticintramural associationsports; or organization, as a result of reporting a violation of sub.

(2)des- (b)ignation toas ansingle employeesex or representativecoed. 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.

(c)(1) AnIn educationalthis institutionsection: 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)are (b)eligible mayunder bringboth a cause of action against the governmentalprevious entity,and licensingcurrent ordesigna- accrediting(a) organization,“Educational orinstitution” athleticmeans -a 2024school Legislatureboard, -tion 4to -participate LRB-3855/1in FFK:klm&amnthe ASSEMBLYathletic BILLsport 377 SECTION 2 association or organizationon forthe injunctiveathletic relief,operator damages,of anda anycharter otherschool reliefauthorized available under law.s.

(END)118.40 team and to the parents or guardians of those pupils.

(2r) or (2x), and governing body of a private school par- (3) (a) A pupil of the female sex who is deprived of ticipating in a program under s.