Wisconsin Statute Prohibits Discrimination in Our Schools

S.118.13, Wis. Stats., was passed by the Legislature in July 1985. Administrative rules went into effect on November 1, 1987. The statute and its administrative rules prohibit discrimination against K-12 pupils in the public schools on the basis of:

sex
race
religion
national origin (dominant language other than English)
ancestry
creed
pregnancy
marital or parental status
sexual orientation
physical, mental, emotional, or learning disability.

The discrimination prohibition applies to:

curricular programs
extracurricular programs
pupil services
recreational programs sponsored by the school board, on or off school property
or other program or activity.

Discrimination is defined as "any action, policy, or practice (including bias, stereotyping, and pupil harassment) which is detrimental to a person or group of persons and differentiates or distinguishes among persons, or which limits or denies a person or group of persons opportunities, privileges, roles, or rewards, based in whole or in part on "the protected categories listed above," . . . or which perpetuates the effect of past discrimination."

Bias means an inclination for or against a person or group of persons, based in whole or in part on the protected categories above, which inhibits impartial or objective judgment affecting pupils. Stereotyping means "attributing behaviors, abilities, interests, values, and roles to a person" based on the protected categories.

Harassment means behavior toward pupils based on the protected categories, "which substantially interferes with a pupil's school performance or creates an intimidating, hostile, or offensive school environment."

Wisconsin Department of Public Instruction, Bureau for Educational Equity Programs