WI Statute 118.3 – Breaking Down Pupil Non-Discrimination

What is 118.13?  

State statute 118.13 is Wisconsin’s pupil nondiscrimination law which states that no individual 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 individual’s:

  • Sex
  • Race
  • Religion
  • Ancestry
  • Creed
  • Pregnancy
  • Parental Status
  • Marital Status
  • Physical Disability
  • Mental Disability
  • Emotional Disability
  • Sexual Orientation

The terms above refer to protected classes in the state of Wisconsin.  

So when you say an individual may not “be discriminated against”, what does that mean?

Discrimination is any action, policy or practice of the school or school board affecting a person of group of persons including:

  • Bias – inclination for or against, that inhibits impartial or objective judgment Bias
    affecting pupils
  • Stereotyping – attributing behaviors, abilities, interests, values or roles
  • Pupil harassment – behavior toward pupils which substantially interferes with Pupil harassment
    a pupil’s school performance or creates an intimidating, hostile or offensive school environment

which is detrimental to a person or group of persons AND which

  • differentiates and distinguishes among persons
  • limits or denies a person or group of persons opportunities, privileges, roles or rewards OR
  • perpetuates the effects of past discrimination

AND which is based in whole or in part on a protected class status.


Adapted from Chapter PI 9 and section 118.13, Wisconsin Department of Public Instruction.

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