SB4213 102ND GENERAL ASSEMBLY

LRB102 27446 RJT 39240 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB4213

Introduced 11/14/2022, by Sen. Darren Bailey

SYNOPSIS AS INTRODUCED:

105 ILCS 5/27-1	from Ch. 122, par. 27-1
110 ILCS 205/9.41 new
110 ILCS 805/3-29.20 new

Amends the School Code. Provides that, for interscholastic athletic programs or comparable programs supported from school district funds, a student's sex shall be the student's biological gender assigned at birth. Provides that, in determining a student's biological gender, a statement of a student's biological sex on the student's official birth certificate is considered to have correctly stated the student's biological sex at birth if the statement was filed at or near the time of the student's birth. Amends the Board of Higher Education Act. Provides that interscholastic athletic teams or sports that are operated by a public university must be expressly designated based on the biological sex at birth of team members. Provides that a statement of a student's biological sex on the student's official birth certificate is considered to have correctly stated the student's biological sex at birth if the statement was filed at or near the time of the student's birth. Provides that an athletic team or sport designated for females, women, or girls may not be open to students of the male sex. Provides that an athletic team or sport designated for males, men, or boys may be open to students of the female sex. Amends the Public Community College Act. Makes similar changes.

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by changing Section 27-1 as follows:

(105 ILCS 5/27-1) (from Ch. 122, par. 27-1)

Sec. 27-1. Areas of education taught - discrimination on account of sex. The State of Illinois, having the responsibility of defining requirements for elementary and secondary education, establishes that the primary purpose of schooling is the transmission of knowledge and culture through which children learn in areas necessary to their continuing development and entry into the world of work. Such areas include the language arts, mathematics, the biological, physical and social sciences, the fine arts and physical development and health.

Each school district shall give priority in the allocation of resources, including funds, time allocation, personnel, and facilities, to fulfilling the primary purpose of schooling.

The State Board of Education shall establish goals and learning standards consistent with the above purposes and define the knowledge and skills which the State expects students to master and apply as a consequence of their education.

Each school district shall establish learning objectives consistent with the State Board of Education's goals and learning standards for the areas referred to in this Section, shall develop appropriate testing and assessment systems for determining the degree to which students are achieving the objectives, and shall develop reporting systems to apprise the community and State of the assessment results.

Each school district shall make available to all students academic and vocational courses for the attainment of learning objectives.

No student shall be refused admission into or be excluded from any course of instruction offered in the common schools by reason of that person's sex. No student shall, solely by reason of that person's sex, be denied equal access to physical education and interscholastic athletic programs or comparable programs supported from school district funds. For the purposes of this Section, a statement of a student's biological sex on the student's official birth certificate is considered to have correctly stated the student's biological sex at birth if the statement was filed at or near the time of the student's birth. For interscholastic athletic programs or comparable programs supported from school district funds, a student's sex shall be the student's biological gender assigned at birth. This Section is violated when a high school subject to this Act participates in the post-season basketball tournament of any organization or association that does not conduct post-season high school basketball tournaments for both boys and girls, which tournaments are identically structured. Conducting identically structured tournaments includes having the same number of girls' teams as boys' teams playing, in their respective tournaments, at any common location chosen for the final series of games in a tournament; provided, that nothing in this paragraph shall be deemed to prohibit the selection for the final series of games in the girls' tournaments of a common location that is different than the common location selected for the final series of games in the boys' tournaments. Except as specifically stated in this Section, equal access to programs supported by school district funds and comparable programs will be defined in rules promulgated by the State Board of Education in consultation with the Illinois High School Association.

(Source: P.A. 94-875, eff. 7-1-06.)

Section 10. The Board of Higher Education Act is amended by adding Section 9.41 as follows:

(110 ILCS 205/9.41 new)

Sec. 9.41. Designation of athletic teams or sports.

(a) For purposes of this Section, a statement of a student's biological sex on the student's official birth certificate is considered to have correctly stated the student's biological sex at birth if the statement was filed at or near the time of the student's birth.

(b) Intercollegiate athletic teams or sports that are sponsored by a public university must be expressly designated as one of the following based on the biological sex at birth of team members:

(1) males, men, or boys;

(2) females, women, or girls; or

(3) coed or mixed, including both males and females.

(c) An athletic team or sport designated for females, women, or girls may not be open to students of the male sex.

(d) An athletic team or sport designated for males, men, or boys may be open to students of the female sex.

Section 15. The Public Community College Act is amended by adding Section 3-29.20 as follows:

(110 ILCS 805/3-29.20 new)

Sec. 3-29.20. Designation of athletic teams or sports.

(a) For purposes of this Section, a statement of a student's biological sex on the student's official birth certificate is considered to have correctly stated the student's biological sex at birth if the statement was filed at or near the time of the student's birth.

(b) Intercollegiate athletic teams or sports that are operated by a board must be expressly designated as one of the following based on the biological sex at birth of team members:

(1) males, men, or boys;

(2) females, women, or girls; or

(3) coed or mixed, including both males and females.

(c) An athletic team or sport designated for females, women, or girls may not be open to students of the male sex.

(d) An athletic team or sport designated for males, men, or boys may be open to students of the female sex.