SB 565

Under current law, an individual may not be denied admission to a public school or be denied participation in, denied the benefits of, or discriminated against in curricular or extracurricular programs, services, or activities because of the individual’s sex, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation, or physical, mental, emotional, or learning disability. This bill extends this pupil anti-discrimination law to also apply to private schools participating in the Milwaukee Parental Choice Program, the Racine Parental Choice Program, the Wisconsin Parental Choice Program, or the Special Needs Scholarship Program. Additionally, the bill extends the pupil anti-discrimination law, a similar pupil anti-discrimination law that explicitly applies to charter schools, a similar anti-discrimination law that applies to teachers and school personnel in public schools, and the anti-discrimination provision that applies to human growth and development instruction to prohibit discrimination on the basis of gender identity or gender expression.

Current law requires each school board to develop written policies and procedures to implement the pupil anti-discrimination law, which must include a complaint process for violations of the law. Under the bill, the governing body of a private school participating in a parental choice program or the SNSP must develop similar policies and procedures. Under current law, if a public school official, employee, or teacher intentionally engages in conduct which discriminates against a pupil or causes a pupil to be denied rights, benefits, or privileges, in violation of the law, the Department of Public Instruction may assess a forfeiture of up to $1,000. Under the bill, DPI may also assess a forfeiture against a private school official, employee, or teacher who engages in such conduct.