Pupil Nondiscrimination Program

The pupil nondiscrimination program provides technical assistance to local school districts, parents and school district residents on matters relating to nondiscrimination and equality of educational opportunity under state law and related federal laws, and the pupil discrimination complaint and appeal process under state law and rules. (Section 118.13, Wis. Stats. and PI 9, Wis. Admin. Code). The pupil nondiscrimination program also assists the State Superintendent resolve appeals of local school district decisions on pupil discrimination complaints.

Wisconsin's Pupil Nondiscrimination Laws

Under s. 118.13, except as provided in s. 120.13 (37m), no pupil may be excluded from a public school, or from any school activities or programs, or be denied any benefits or treated in a different manner because of:

Each school district is required to designate an employee of the school district to receive complaints regarding discrimination under Wisconsin's pupil nondiscrimination law. Local school district contacts for pupil discrimination and harassment complaints.

The law requires each school district to submit an annual compliance report to the Department of Public Instruction and periodically conduct a self-evaluation of the status of pupil nondiscrimination and equality of educational opportunity.

Wisconsin pupil nondiscrimination law requires additional district action.

• Pupil Nondiscrimination brochure (July 2007)   En Espanol (March 2001)    Hmong (March 2001)
• A Guide to Filing Complaints Under the Wisconsin Pupil Nondiscrimination Law
• Section 118.13, Wis. Stats.
• Chapter PI 1, Wis. Admin. Code
• Chapter PI 9, Wis. Admin. Code
• History of Wisconsin's Pupil Nondiscrimination Law
• Changes in State Law to Allow Single-Sex Schools and Courses
• Questions and Answers About District Responsibilities under s. 118.13, Wis. Stats.

Race-Based Nicknames, Logos, Mascots, and Team Names

2009 Wisconsin Act 250 allows a school district resident to object to the use of a race-based nickname, logo, mascot, or team name by the school board of that school district by filing a complaint with the state superintendent. Complaints must be in writing and include the complainant’s contact information, and a statement that the complainant is a resident of the school district to which the complaint is directed. To file a complaint write to:

Related Federal Laws

• Title VI of Civil Rights Act of 1964, 42 U.S.C. Section 2000(d) - (prohibits discrimination on the basis of race, color, or national origin in all programs or activities that receive federal financial assistance)
  • CFR Title 34, Part 100
  • Title VI: Race & National Origin Discrimination Overview of the Law
    
  
  
• Title IX of the Education Amendments of 1972, 20 U.S.C. Section 1681, et seq. - (prohibits discrimination on the basis of sex in all education programs or activities that receive federal financial assistance)
  • CFR Title 34, Part 106
  • Final Regulatory Amendments to the Title IX regulations (permitting single-sex schools, classes, and extracurricular activities)
  • Title IX: Sex Discrimination: Overview of the Law
  
  
• Section 504 of Rehabilitation Act of 1973, 29 U.S.C. Section 794 - (prohibits discrimination on the basis of disability in all programs or activities that receive federal financial assistance)
  • CFR Title 34, Part 104
  • CFR Title 34, Part 105
  • Section 504: Disability Discrimination Overview of the Law
  
  
• Americans with Disabilities Act of 1990, 42 U.S.C. Section 12131 - (prohibits discrimination on the basis of disability by public entities)
  • CFR Title 28, Part 35
  • Americans with Disabilities Act: Disability Discrimination Overview of the Law
  
  
• Filing a Complaint with Office for Civil Rights
  
  
• Boy Scouts of America Equal Access Act, Section 9525 of the Elementary and Secondary Education Act of 1965, as amended by Section 901 of the No Child Left Behind Act of 2001 (prohibits a public school from denying equal access or a fair opportunity to meet to the Boy Scouts or other identified patriotic groups if the public school provides an opportunity for one or more outside youth or community groups to meet on school premises or in school facilities before or after school hours):
  
  
  • Boy Scouts of American Equal Access Act, CFR Title 34, Parts 75, 76, and 108
  • CFR Title 34, Part 108
  • Boy Scouts of America Equal Access Act: Overview of the Law.
  
  

Research and Reports

• Office for Civil Rights Annual Report to Congress for FY2008 (2009)
• The 2007 National School Climate Survey: the experiences of lesbian, gay, bisexual and transgender youth in our nation's schools (2007)
• Hostile hallways: bullying, teasing, and sexual harassment in school (2001)

Resources

• Madison Metropolitan School District 118.13 Video
  Music by: Miles Walser; Images by: Hannah Johnson; Spokespeople: Ellen Ferencek and Keith Black
• The ABCs of Sexual Orientation
• Teaching Tolerance
• Pupil Nondiscrimination Guidelines for Athletics (10/4/06)
• Office for Civil Rights Sexual Harrassment Guidance
• Office for Civil Rights Racial Incident and Harassment Against Students at Educational Institutions; Investigative Guidance
• Protecting Students from Harassment and Hate Crimes, A Guide for Schools
• Office for Civil Rights Publications
• Religion in Public Schools
  
  • Religion in the Public Schools
  • Religious liberty in public schools
  • The "December Dilemma": December Holiday Guidelines for Public Schools
  • The Establishment Clause and Public Schools: A Legal Bulletin
  • U.S. Department of Education Guides to Religion in Public Schools (archived)
  • U.S. Department of Education Guidance on Constitutionally Protected Prayer in Public Schools
• National Women's Law Center
  
  The National Women's Law Center has published two guides on sexual harassment. Do the Right Thing: Understanding, Addressing and Preventing Sexual Harassment in Schools, is a practical guide for teachers, parents and pupils. Righting the Wrongs: A Legal Guide to Understanding, Addressing, and Preventing Sexual Harassment in Schools is legal guide for school administrators and attorneys.
• Benchmarks for an Equitable School
• Checklist for Analyzing Bias in Children's Books
• Reviewing Educational Materials for Equity
• Glossary of Terms

These documents are in ".pdf" format and require Adobe Acrobat Reader. A free Acrobat Reader is available from Adobe.

For questions about this information, contact Paul Sherman (608) 267-9157

Last updated on 7/6/2011 2:12:45 PM