Wisconsin’s Assembly Bill 103 (AB 103) is the latest legislative effort aiming to regulate how schools handle name and pronoun changes for students. Introduced by several state representatives and cosponsored by Senator Jacque, the bill mandates that school boards establish policies requiring parental or legal guardian consent before any changes to a minor’s name or pronouns in official school records or classroom settings.
While supporters argue that AB 103 upholds parental rights in their children’s education, critics warn that the bill could put transgender youth at risk, especially those who lack supportive home environments. The measure, they argue, forces schools into a position where they must either out transgender students to their families or deny them the ability to be addressed in a way that aligns with their identity.
What Does AB 103 Do?
By July 1, 2026, all Wisconsin school boards must adopt policies covering:
- Legal Name and Pronoun Records Policy – Dictates the conditions under which a school can change a student’s legal name or pronouns in official records. This process requires either legal documentation of a name change or an affidavit affirming the change. For minors, parents or guardians must be notified and given a chance to provide input. If parents disagree, the request is automatically denied.
- Name and Pronoun Usage Policy – Determines what names and pronouns school staff may use when referring to students. Under this policy:
- Parents or guardians decide the names and pronouns used by school staff for their minor children.
- School staff cannot refer to a student by a name or pronoun that does not align with their “biological sex” unless they receive written parental authorization.
- A student may be called by a shortened version of their legal name without parental approval (e.g., “Alex” for Alexander).
Additionally, the bill states that these policies do not override federal student privacy protections under the Family Educational Rights and Privacy Act (FERPA).
Why This Matters for Transgender Youth
For transgender and nonbinary students, being called by their chosen name and pronouns isn’t just a matter of preference—it’s a crucial part of their mental health and well-being. Studies show that using a transgender person’s affirmed name and pronouns significantly reduces depression, anxiety, and suicide risk. Conversely, denying a transgender student this basic recognition can increase feelings of isolation and distress.
AB 103 places schools in a difficult position. If a student requests to be addressed by a name or pronouns that affirm their gender identity, but their parents are unsupportive, the school must deny the request. This could force transgender students to remain closeted or face rejection at home if they are outed through school notification requirements.
While the bill’s supporters argue that parents should be involved in decisions regarding their child’s identity, critics say it ignores a fundamental reality: not all parents are accepting. For transgender youth in unsupportive households, school may be the only place where they feel safe being themselves. If teachers are legally bound to misgender these students, it removes that sense of security.
Balancing Parental Rights and Student Well-Being
Parental rights in education are undeniably important. Parents have a vested interest in guiding their children’s upbringing, and many believe that major decisions—such as name and pronoun changes—should involve them. However, there must also be a recognition that some students, particularly transgender youth, may face rejection, emotional abuse, or even homelessness if they are forcibly outed.
Rather than taking an all-or-nothing approach, a more balanced solution could involve school counselors working with students and parents to foster conversations about gender identity in a way that prioritizes both student well-being and parental involvement. Some states have implemented policies that allow for school staff to use a student’s affirmed name and pronouns informally while maintaining their legal name in records unless a legal name change is obtained. Such approaches help navigate the complexities of parental involvement without forcing a one-size-fits-all policy that could put transgender youth at risk.
Does AB 103 Violate Constitutional Protections?
While AB 103 is framed as protecting parental rights, it raises serious constitutional concerns, particularly under the First Amendment, Fourteenth Amendment, and federal privacy laws.
First Amendment: Compelled Speech Concerns: The bill forces school staff to use a student’s legal name and biological sex-aligned pronouns unless a parent provides written consent. This compels educators to misgender transgender students, which may violate free speech protections. Courts have ruled that the government cannot force individuals to express a belief they do not hold (West Virginia v. Barnette, 1943). If challenged, AB 103 could be seen as unconstitutional government-compelled speech.
Fourteenth Amendment: Equal Protection and Due Process: AB 103 disproportionately affects transgender students, subjecting them to additional barriers not faced by their cisgender peers. Courts have ruled that discriminatory school policies targeting transgender youth violate the Equal Protection Clause (Grimm v. Gloucester County School Board, 2020). Additionally, while parents have rights over their child’s education, minors also have due process protections, and forcing schools to disclose a student’s gender identity may put them at risk, particularly in unsupportive homes.
Federal Privacy Law Conflicts (FERPA): Though AB 103 states it does not override FERPA, the bill effectively forces schools to disclose a student’s gender identity without their consent. Federal privacy protections limit how schools share sensitive student information, meaning AB 103 could face legal challenges for violating student confidentiality rights.
Legal Challenges Likely
If enacted, AB 103 will almost certainly face court challenges on free speech, discrimination, and privacy grounds. Similar laws have been struck down, and Wisconsin lawmakers may need to revise or abandon certain provisions to avoid constitutional conflicts.
The Bigger Picture: The Growing Debate Over LGBTQ+ Rights in Schools
AB 103 is part of a larger national conversation about the rights of LGBTQ+ students in schools. In recent years, several states have introduced laws restricting transgender students’ access to gender-affirming school policies, from bathroom bans to limits on sports participation. Proponents of these laws often cite concerns over parental rights, privacy, and maintaining traditional definitions of gender.
However, for transgender youth, these policies add to a growing sense of erasure and exclusion. Schools should be spaces where all students feel safe, supported, and able to focus on learning. Policies like AB 103 risk turning school environments into places of discomfort and distress for transgender students, particularly those without supportive families.
The Bottom Line
AB 103 has already been referred to the Wisconsin Assembly’s Committee on Education, and a public hearing was held on March 6, 2025. As the bill progresses, advocacy groups on both sides will continue to make their voices heard.
For transgender students and their allies, the focus remains on ensuring that school policies support, rather than harm, students’ well-being. For parents concerned about their rights in their children’s education, open conversations with educators and LGBTQ+ advocacy groups may help bridge the gap between parental involvement and student safety.
In the end, the goal should be the same: creating school environments where every student, regardless of gender identity, feels valued, respected, and safe.
Find the entire text of AB 103 here.
