Can you break "The Code"?

Here is Wisconsin Administrative Code broken down, along with some notes I have made...have at it!

PI 9.01 Discrimination prohibited. This chapter establishes procedures for compliance with s., Stats., which provides that no person 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 person's sex, race, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability. This chapter does not intend to prohibit the provision of special programs or services based on objective standards of individual need or performance to meet the needs of pupils, including gifted and talented, special education, school age parents, bilingual bicultural, at risk and other special programs; or programs designed to overcome the effects of past discrimination.

118.13(1) Except as provided in s. 120.13 (38 (37m), no person 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 person's sex, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability.

MY NOTE: This statute refers to discrimination by those who run the school as opposed to discrimination and/or harassment by fellow students.

PI9.02 points out specific definitions within the code:

PI 9.02(1) "Bias" means an inclination for or against a person or group of persons based, in whole or in part, on sex, race, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability, that inhibits impartial or objective judgment affecting pupils.

MY NOTE: Sexual orientation would be considered a “behavior.” This cannot and should not fall under a “protected class.” See more on this below..

PI 9.02(9) "Pupil harassment" means behavior towards pupils based, in whole or in part, on sex, race, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability which substantially interferes with a pupil's school performance or creates an intimidating, hostile or offensive school environment.

MY NOTE: “creates an intimidating, hostile or offensive school environment”. Who would be the one to interpret the intimidation, hostility or offensiveness of the so-called harassment? This portion of the code leaves the interpretation of harassment open to the person/student who is supposedly offended. It creates intimidation and oppression among students and prohibits free speech for fear of punishment or discipline. We believe this code basically states “if a listener is offended, a legal wrong has occurred”. The First Amendment gives all people the right to free speech and this is not measured by the subjective effect on the person to whom it was armed against. Furthermore, I feel PI9 has the purpose or effect of causing a substantial and material disruption of the District’s schools or interferes with the rights of the individual.

PI 9.02(12(12) "Sexual orientation" has the meaning defined in s. 111.32. (Statute defined for you below)

111.32(13m)
"Sexual orientation" means having a preference for heterosexuality, homosexuality or bisexuality, having a history of such a preference or being identified with such a preference.

MY NOTE:
Dictionary definitions -
Heterosexuality: Sexually attracted to and/or engaging in sexual behavior with members of the opposite sex.
Homosexuality: Sexually attracted to and/or engaging in sexual behavior with members of your own sex.
Bisexuality: Engaging in both heterosexual and homosexual practices.

Would these not be considered “behavioral choices?” Why are these looked at as “protected classes?”

As well, by bringing “sexual orientation” into the protected class of persons, we open the door wide to leaving others out. What about short people, tattooed, pierced, tall, thin or fat people? Now let's throw in pedophiles and those who practice beastiality. It's only "fair!" One would wonder if, perhaps, they should also be mentioned as a protected class. As you can see, setting apart children into protected classes is inappropriate and further causes division between students. We believe this is an unnecessary overdefinition. Certainly not required by any State Code, State law or Federal law.

PI 9.02(14)
"Stereotyping" means attributing behaviors, abilities, interests, values and roles to a person or group of persons on the basis, in whole or in part, of their sex, race, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability.

MY NOTE: Again, sexual orientation would be considered a “behavior” and does not fall into the “protected class” category. Why categorize at ALL? If someone is male, or female, and one would simply point this out, do we not open the door to “stereotyping” according to this policy? Would this be a punishable form of harassment? If someone is pregnant, and one makes mention of that fact (which would be obvious truth spoken freely), would this then be punishable because the pregnant woman (oops, did I just double stereotype?) would be offended with an open comment? ALL people should be protected from harassment. Not just “protected classes” defined by the state or anyone else.

PI 9.03 Policies.
PI 9.03(1) (1) Each board shall develop policies prohibiting discrimination against pupils. The policies shall include the following areas:
PI 9.03(1)(a) (a) Admission to any school, class, program or activity. This does not prohibit placing a pupil in a school, class, program or activity based on objective standards of individual performance or need.
PI 9.03(1)(b) (b) Standards and rules of behavior, including pupil harassment.

OUR NOTE:
FORCES all schools within the State of Wisconsin to create harassment policies that are illegal and unconstitutional.


FINAL NOTE:

This is the MOST IMPORTANT POINT:

We believe that Wisconsin State Administrative Code PI 9 violates the rights of the students guaranteed by the First Amendment to the U.S. Constitution.