CORRECTEDDate COPYof -enactment: 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.
JACOBSONAssembly ,Bill KREIBICH,100 KRUG,Date Mof AXEY,publication*: 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 .
ReferredWISCONSIN ACT A N A CT to Committeeamend on118.13 Education.(1);
Ato Ncreate A118.132 CTand to118.315 amendof 118.13the (1);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 programpro- gram based on the biological sex of the participants.participants and locker room use.
AnalysisThe bypeople of the Legislativestate Referenceof BureauWisconsin, Thisrepresented bill requires each school board, independent charter school, and private school participating in asen- parental(2) choiceAn programeducational (educationalinstitution institution) that operates or sponsorsspon- anate interscholastic,and intramural,assembly, ordo clubenact athleticas teamfollows: or sport to designate the athletic team or sport based on the sex of the participating pupils.
Thesors billan definesinterscholastic, “sex”intramural, asor theclub sexathletic determinedteam ator birthsport byshall ado physicianall andof reflected on the birthfollowing: certificate.
TheSECTION bill1. 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.
- 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.
(a) Expressly designate the athletic team or sport as 118.13 (1) Except as provided in s.
118.132 (2) (b)one andof 120.13the (37m),following nobased personon may be denied admission to any public school or be denied participation in, be denied the benefitsbiological ofsex or be discriminated against in any curricular, extracurricular, pupil services, recreational or other program or activity because of the person’s(b) sex,and race,120.13 religion,(37m), nationalno origin,person ancestry,may creed,be pregnancy,denied maritaladmis- orparticipating parentalpupils: 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.
(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,”sion “men,”to any public school or “boys.”be -denied 2026participation Legislaturein, -“males,” 3“men,” -or LRB-0872/2“boys.” FFK:cdcbe ASSEMBLYdenied BILLthe 100benefits SECTIONof 2or be discriminated against in 2.
This designation may be referred to as “females,”any “women,”curricular, orextracurricular, “girls.”pupil (b)services, Prohibitrecre- pupilsational ofor theother maleprogram sexor fromactivity participatingbecause onof anthe athleticper- team“females,” “women,” or in“girls.” anson’s athleticsex, sportrace, thatreligion, isnational designatedorigin, forancestry, femalescreed, under3. par.
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)read: Prohibit pupils of the male sex from using locker rooms designated for females.
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 andas tosingle thesex parents or guardianscoed. of those pupils.
(3)(1) (a)In Athis pupilsection: 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)(a), (b)provide orwritten (c)notification mayof bringthe achange causeto pupils (a) “Biological sex” means the physical condition of actionwho againstare eligible to participate in the athletic sport or on being male or female at birth, as stated on an educationalindivid- institutionthe forathletic injunctiveteam relief,under damages,the previous and anycurrent otherdesig- reliefual’s availableoriginal underbirth law.certificate.
(b)nation Aand pupilto of the femaleparents sex who is subject to retaliation or otherguardians adverse action by an educational institution or athletic association or organization, as a result of reportingthose apupils. violation of sub.
(2)(am) (b)“Educational orinstitution” (c)means toa anschool employee(3) or(a) representativeA pupil of the educationalfemale institutionbiological orsex athleticwho associationis orboard, organizationoperator orof to any state or federal agency with oversight over the educational institution, may bring a causecharter ofschool actionauthorized against the educational institution or athletic association or organization for injunctive relief, damages, and any other relief available under law.s.
-deprived 2026of Legislaturethe -opportunity 4to -participate LRB-0872/2in FFK:cdcan ASSEMBLYathletic BILL118.40 100(2r) Sor ECTION(2x), 2and (c)governing Anbody educationalof institutiona thatprivate sufferssport any direct or indirecton harman byathletic ateam governmental entity, licensing or accreditingwho organization,suffers orany athleticdirect association or organizationschool asparticipating in a resultprogram ofunder compliances. with sub.
(2)118.60 (b) or (c)indirect mayharm bringas athe causeresult of actiona againstviolation theof governmentalsub. entity, licensing or accrediting organization, or athletic association or organization for injunctive relief, damages, and any other relief available under law.
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.