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CORRECTED COPY - 2026 LEGISLATURE LRB-0872/2 FFK:cdc ASSEMBLY BILL 100 March 3, 2025 - Introduced by Representatives D ITTRICH, KNODL , ALLEN, ARMSTRONG , BEHNKE , BROOKS , CALLAHAN, DONOVAN , DUCHOW , GOEBEN , G REEN, GUNDRUM , GUSTAFSON, B.
Date of enactment:
JACOBSON , KREIBICH, KRUG, M AXEY, M OSES, M URPHY , M URSAU, NEDWESKI , O'CONNOR , PENTERMAN , PIWOWARCZYK , SORTWELL, STEFFEN, TUSLER, VANDERM EER and W ICHGERS, cosponsored by Senators UTTON , ELZKOWSKI , EYEN , ACQUE , APENGA , N AS, QUINN, TESTIN, OMCZYK and W ANGGAARD .
Assembly Bill 100 Date of publication*:
Referred to Committee on Education.
WISCONSIN ACT A N A CT to amend 118.13 (1);
A N A CT to amend 118.13 (1);
to create 118.132 and 118.315 of the statutes;
to create 118.132 of the statutes;
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.
designating athletic sports and teams operated or sponsored by public schools or private schools participating in a parental choice pro- gram based on the biological sex of the participants and locker room use.
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 people of the state of Wisconsin, represented in sen- (2) An educational institution that operates or spon- ate and assembly, do enact as follows:
The bill defines “sex” as the sex determined at birth by a physician and reflected on the birth certificate.
sors an interscholastic, intramural, or club athletic team or sport shall do all of the following:
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.
SECTION 1.
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.
- 2026 Legislature - 2 - LRB-0872/2 FFK:cdc ASSEMBLY BILL 100 SECTION 1 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
S ECTION 1.
118.13 (1) Except as provided in s.
(a) Expressly designate the athletic team or sport as 118.13 (1) Except as provided in 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.
118.132 (2) one of the following based on the biological sex of the (b) and 120.13 (37m), no person may be denied admis- participating pupils:
S ECTION 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) “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,” “men,” or “boys.” - 2026 Legislature - 3 - LRB-0872/2 FFK:cdc ASSEMBLY BILL 100 SECTION 2 2.
This designation may be referred to as sion to any public school or be denied participation in, “males,” “men,” or “boys.” be denied the benefits of or be discriminated against in 2.
This designation may be referred to as “females,” “women,” or “girls.” (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.
This designation may be referred to as any curricular, extracurricular, pupil services, recre- ational or other program or activity because of the per- “females,” “women,” or “girls.” son’s sex, race, religion, national origin, ancestry, creed, 3.
Males and females.
This designation may be re- ferred to as “mixed-sex,” “coed,” or “inclusive.” pregnancy, marital or parental status, sexual orientation (b) Prohibit pupils of the male biological sex from or physical, mental, emotional or learning disability.
participating on an athletic team or in an athletic sport SECTION 2.
118.132 of the statutes is created to that is designated for females under par.
(c) Prohibit pupils of the male sex from using locker rooms designated for females.
read:
118.132 Interscholastic or intramural sports;
(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.
designation as single sex or coed.
(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.
(1) In this section:
(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.
(a), provide written notification of the change to pupils (a) “Biological sex” means the physical condition of who are eligible to participate in the athletic sport or on being male or female at birth, as stated on an individ- the athletic team under the previous and current desig- ual’s original birth certificate.
(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.
nation and to the parents or guardians of those pupils.
(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.
(am) “Educational institution” means a school (3) (a) A pupil of the female biological sex who is board, operator of a charter school authorized under s.
- 2026 Legislature - 4 - LRB-0872/2 FFK:cdc ASSEMBLY BILL 100 S ECTION 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.
deprived of the opportunity to participate in an athletic 118.40 (2r) or (2x), and governing body of a private sport or on an athletic team or who suffers any direct or school participating in a program under s.
(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.
118.60 or indirect harm as the result of a violation of sub.
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END )
(2) (b) 119.23.
may bring a cause of action against an educational insti- ernor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” Wisconsin Act - 2 - 2025 Assembly Bill 100 tution for injunctive relief, damages, and any other relief building controlled by the governing body is designated available under law.
for the exclusive use of individuals of one biological sex.
(b) A pupil of the female biological sex who is sub- (b) A governing body may establish policies for spe- ject to retaliation or other adverse action by an educa- cial events, including athletic events, during which the tional institution or athletic association or organization, governing body may temporarily redesignate a locker as a result of reporting a violation of sub.
(2) (b) to an room for exclusive use by the opposite biological sex.
employee or representative of the educational institution Upon the conclusion of the special event, the locker or athletic association or organization or to any state or room shall revert to the designation under par.
(a).
federal agency with oversight over the educational insti- (3) EXCEPTIONS .
A governing body may allow indi- tution, may bring a cause of action against the educa- viduals to enter a locker room that is designated for the tional institution or athletic association or organization exclusive use by the opposite biological sex if the indi- for injunctive relief, damages, and any other relief avail- vidual is entering the locker room under any of the fol- able under law.
lowing circumstances:
(c) An educational institution that suffers any direct (a) For custodial purposes.
or indirect harm by a governmental entity, licensing or (b) For maintenance or inspection purposes.
accrediting organization, or athletic association or orga- nization as a result of compliance with sub.
(2) (b) may (c) To provide medical assistance.
(d) The individual is a teacher, school administrator, bring a cause of action against the governmental entity, police officer, or emergency medical services personnel licensing or accrediting organization, or athletic associ- and is performing duties related to the individual’s ation or organization for injunctive relief, damages, and any other relief available under law.
employment.
(e) The individual is a child who is being assisted by SECTION 2m.
118.315 of the statutes is created to a family member or guardian.
read:
(f) To provide assistance to an individual with a 118.315 Pupil physical privacy;
locker rooms.
(1) D EFINITIONS .
In this section:
disability.
(a) “Biological sex” means the physical condition of (g) When the locker room is temporarily designated for exclusive use by the individual’s biological sex.
being male or female at birth, as stated on an individ- (h) During a natural disaster, an emergency, a seri- ual’s original birth certificate.
(b) “Governing body” means any of the following:
ous threat to pupil safety, or a drill required under s.
1.
For a school district, a school board.
118.07 (2) (a).
(4) A CCOMMODATIONS .
If a pupil, or a parent or 2.
For a charter school, the governing board of the guardian of a minor pupil, submits to a governing body charter school.
3.
For a private school participating in a program a written request to receive accommodations from the under s.
118.60 or 119.23, the governing body of the pri- pupil being required to use a locker room designated for vate school.
the exclusive use by one biological sex, the governing body shall provide reasonable accommodations to the (c) “Locker room” means an area in a school build- ing designated for pupils to change clothes or to be in pupil, including allowing the pupil to use a single-occu- various stages of undress and to be used by more than pancy locker room or the regulated use of a staff locker one individual pupil at a time.
“Locker room” includes room.
A school board or governing board of a charter a shower room.
school shall treat a written request submitted under this (d) “School” means a public school, including a subsection as a pupil record subject to the protections charter school established under s.
118.40 (2r) or (2x), under s.
118.125 (2).
and a private school participating in a program under s.
(5) A MERICANS WITH D ISABILITIES ACT .
Nothing in 118.60 or 119.23.
this section prohibits a governing body from adopting a policy that is necessary to accommodate individuals pro- (2) U SAGE ;BIOLOGICAL SEX .
(a) A governing body shall ensure that each locker room located in a school tected under the federal Americans with Disabilities Act.
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