Text of IL HB 664 (2018)

100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB0664 Introduced , by Rep. Thomas Morrison SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-20.60 new 105 ILCS 5/34-18.53 new Amends the School Code. Requires a school board to designate each pupil restroom, changing room, or overnight facility accessible by multiple pupils simultaneously, whether located in a public school building or located in a facility utilized by the school for a school-sponsored activity, for the exclusive use of pupils of only one sex. Defines "sex" as the physical condition of being male or female, as determined by an individual's chromosomes and identified at birth by that individual's anatomy. Provides that no member of the female sex may use a pupil restroom or changing room that has been designated by the school board for the exclusive use of the male sex and no member of the male sex may use a pupil restroom or changing room that has been designated by the school board for the exclusive use of the female sex, with exceptions. Authorizes a school board to provide reasonable accommodations to a pupil to use a single-occupancy restroom or changing room or the regulated use of a faculty restroom or changing room if the pupil, if the pupil is an adult or an emancipated minor, or the parent or guardian of a minor pupil submits to school officials, in writing, a request to receive such accommodations and the pupil is a member of the male sex but does not identify as a member of the male sex or the pupil is a member of the female sex but does not identify as a member of the female sex. Sets forth a complaint procedure. LRB100 06262 NHT 16299 b FISCAL NOTE ACT MAY APPLY A BILL FOR HB0664LRB100 06262 NHT 16299 b 1 AN ACT concerning education, which may be referred to as 2the Child Privacy Act. 3 Be it enacted by the People of the State of Illinois, 4represented in the General Assembly: 5 Section 5. The School Code is amended by adding Sections 610-20.60 and 34-18.53 as follows: 7 (105 ILCS 5/10-20.60 new) 8 Sec. 10-20.60. Pupil physical privacy. 9 (a) In this Section: 10 "Changing room" means a room or area, with or without 11stalls for individual use, designated for a person to change 12his or her clothes and includes a locker room, shower room, or 13dressing room. 14 "Sex" means the physical condition of being male or female, 15as determined by an individual's chromosomes and identified at 16birth by that individual's anatomy. 17 (b) A school board shall designate each pupil restroom, 18changing room, or overnight facility accessible by multiple 19pupils simultaneously, whether located in a public school 20building or located in a facility utilized by the school for a 21school-sponsored activity, for the exclusive use of pupils of 22only one sex. 23 (c) A school board may establish policies for special HB0664- 2 -LRB100 06262 NHT 16299 b 1events, including athletic events, during which the school 2board may temporarily redesignate a pupil restroom or changing 3room. Upon the conclusion of the special event, the pupil 4restroom or changing room shall revert to the designation under 5subsection (b) of this Section. 6 (d) Except as provided in subsection (c) of this Section, 7no member of the female sex may use a pupil restroom or 8changing room that has been designated by the school board for 9the exclusive use of the male sex, and no member of the male 10sex may use a pupil restroom or changing room that has been 11designated by the school board for the exclusive use of the 12female sex. The prohibition under this subsection (d) does not 13apply to a child under the age of 7 who is being assisted by a 14parent, guardian, or family member or to a person providing 15assistance to a person with a disability. 16 (e) A school board may provide reasonable accommodations to 17a pupil to use a single-occupancy restroom or changing room or 18the regulated use of a faculty restroom or changing room if the 19following conditions are met: 20 (1) The pupil, if the pupil is an adult or an 21 emancipated minor, or the parent or guardian of a minor 22 pupil submits to school officials, in writing, a request to 23 receive accommodations under this subsection (e). This 24 request is considered a school student record that is 25 exempt from inspection and copying under subsection (r) of 26 Section 7.5 of the Freedom of Information Act. HB0664- 3 -LRB100 06262 NHT 16299 b 1 (2) One of the following applies: 2 (A) The pupil is a member of the male sex but does 3 not identify as a member of the male sex. 4 (B) The pupil is a member of the female sex but 5 does not identify as a member of the female sex. 6 (f) If a school board receives a written complaint from a 7pupil enrolled in the school district or from the parent or 8guardian of a pupil enrolled in the district regarding a 9violation of this Section, the school board shall, within 30 10days, investigate and attempt to resolve the complaint. 11 (g) The pupil or the parent or guardian of the pupil who 12submitted a written complaint under subsection (f) of this 13Section may bring a claim in the circuit court of the county in 14which the school is located for any of the following if the 15complaint is not resolved to the satisfaction of the pupil or 16the pupil's parent or guardian: 17 (1) Declaratory relief. 18 (2) Injunctive relief. 19 (3) Damages, including the reimbursement of reasonable 20 attorney's fees. 21 (105 ILCS 5/34-18.53 new) 22 Sec. 34-18.53. Pupil physical privacy. 23 (a) In this Section: 24 "Changing room" means a room or area, with or without 25stalls for individual use, designated for a person to change HB0664- 4 -LRB100 06262 NHT 16299 b 1his or her clothes and includes a locker room, shower room, or 2dressing room. 3 "Sex" means the physical condition of being male or female, 4as determined by an individual's chromosomes and identified at 5birth by that individual's anatomy. 6 (b) The board shall designate each pupil restroom, changing 7room, or overnight facility accessible by multiple pupils 8simultaneously, whether located in a public school building or 9located in a facility utilized by the school for a 10school-sponsored activity, for the exclusive use of pupils of 11only one sex. 12 (c) The board may establish policies for special events, 13including athletic events, during which the board may 14temporarily redesignate a pupil restroom or changing room. Upon 15the conclusion of the special event, the pupil restroom or 16changing room shall revert to the designation under subsection 17(b) of this Section. 18 (d) Except as provided in subsection (c) of this Section, 19no member of the female sex may use a pupil restroom or 20changing room that has been designated by the board for the 21exclusive use of the male sex, and no member of the male sex 22may use a pupil restroom or changing room that has been 23designated by the board for the exclusive use of the female 24sex. The prohibition under this subsection (d) does not apply 25to a child under the age of 7 who is being assisted by a parent, 26guardian, or family member or to a person providing assistance HB0664- 5 -LRB100 06262 NHT 16299 b 1to a person with a disability. 2 (e) The board may provide reasonable accommodations to a 3pupil to use a single-occupancy restroom or changing room or 4the regulated use of a faculty restroom or changing room if the 5following conditions are met: 6 (1) The pupil, if the pupil is an adult or an 7 emancipated minor, or the parent or guardian of a minor 8 pupil submits to school officials, in writing, a request to 9 receive accommodations under this subsection (e). This 10 request is considered a school student record that is 11 exempt from inspection and copying under subsection (r) of 12 Section 7.5 of the Freedom of Information Act. 13 (2) One of the following applies: 14 (A) The pupil is a member of the male sex but does 15 not identify as a member of the male sex. 16 (B) The pupil is a member of the female sex but 17 does not identify as a member of the female sex. 18 (f) If the board receives a written complaint from a pupil 19enrolled in the school district or from the parent or guardian 20of a pupil enrolled in the district regarding a violation of 21this Section, the board shall, within 30 days, investigate and 22attempt to resolve the complaint. 23 (g) The pupil or the parent or guardian of the pupil who 24submitted a written complaint under subsection (f) of this 25Section may bring a claim in the circuit court of the county in 26which the school is located for any of the following if the HB0664- 6 -LRB100 06262 NHT 16299 b 1complaint is not resolved to the satisfaction of the pupil or 2the pupil's parent or guardian: 3 (1) Declaratory relief. 4 (2) Injunctive relief. 5 (3) Damages, including the reimbursement of reasonable 6 attorney's fees.