Text of IL SB 1659 (2024)

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1659 Introduced 2/8/2023, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-20.85 new 105 ILCS 5/34-18.82 new Amends the School Code. Provides that school districts may regulate and restrict access to public restrooms, locker rooms, dressing rooms, and other similar places on the basis of biological sex and may also adopt a policy that provides for gender neutral or alternative facilities for students, staff, and members of the public, as the school district deems appropriate. Provides that school districts are not required to: (1) adopt a policy that restricts or regulates access to public restrooms, locker rooms, dressing rooms, and other similar places on the basis of biological sex; (2) adopt a policy that includes the facilitation of gender neutral or alternative facilities for students, staff, and members of the public; (3) limit access by a minor accompanied by an adult guardian of the opposite sex into a specified facility appropriate for the adult guardian; (4) prohibit a person with disabilities from using a specified facility appropriate to the biological sex of either the person with disabilities or of an adult caretaker providing assistance; (5) prohibit access to these facilities by custodial staff, school staff, or other persons in an emergency situation; or (6) alter their current policies on access to public restrooms, locker rooms, dressing rooms, and other similar places. LRB103 27389 RJT 53761 b A BILL FOR SB1659LRB103 27389 RJT 53761 b 1 AN ACT concerning education. 2 Be it enacted by the People of the State of Illinois, 3represented in the General Assembly: 4 Section 5. The School Code is amended by adding Sections 510-20.85 and 34-18.82 as follows: 6 (105 ILCS 5/10-20.85 new) 7 Sec. 10-20.85. School restroom access. 8 (a) In this Section, "biological sex" means the physical 9condition of being male or female, as determined by a person's 10chromosomes, assigned at birth. 11 (b) Notwithstanding any other provision of law, a school 12district may regulate and restrict access to public restrooms, 13locker rooms, dressing rooms, and other similar places on the 14basis of biological sex and may adopt a policy that provides 15for gender neutral or alternative facilities for students, 16staff, and members of the public, as the school district deems 17appropriate. 18 (c) Nothing in this Section shall be construed to in any 19way require a school district to: 20 (1) adopt a policy that restricts or regulates access 21 to public restrooms, locker rooms, dressing rooms, and 22 other similar places on the basis of biological sex; 23 (2) adopt a policy that includes the facilitation of SB1659- 2 -LRB103 27389 RJT 53761 b 1 gender neutral or alternative facilities for students, 2 staff, and members of the public; 3 (3) limit access by a minor accompanied by an adult 4 guardian of the opposite sex into a specified facility 5 appropriate for the adult guardian; 6 (4) prohibit a person with disabilities from using a 7 specified facility appropriate to the biological sex of 8 either the disabled person or of an adult caretaker 9 providing assistance; 10 (5) prohibit access to these facilities by custodial 11 staff, school staff, or other persons in an emergency 12 situation; or 13 (6) alter its current policies on access to public 14 restrooms, locker rooms, dressing rooms, and other similar 15 places. 16 (105 ILCS 5/34-18.82 new) 17 Sec. 34-18.82. School restroom access. 18 (a) In this Section, "biological sex" means the physical 19condition of being male or female, as determined by a person's 20chromosomes, assigned at birth. 21 (b) Notwithstanding any other provision of law, the school 22district may regulate and restrict access to public restrooms, 23locker rooms, dressing rooms, and other similar places on the 24basis of biological sex and may adopt a policy that provides 25for gender neutral or alternative facilities for students, SB1659- 3 -LRB103 27389 RJT 53761 b 1staff, and members of the public, as the school district deems 2appropriate. 3 (c) Nothing in this Section shall be construed to in any 4way require the school district to: 5 (1) adopt a policy that restricts or regulates access 6 to public restrooms, locker rooms, dressing rooms, and 7 other similar places on the basis of biological sex; 8 (2) adopt a policy that includes the facilitation of 9 gender neutral or alternative facilities for students, 10 staff, and members of the public; 11 (3) limit access by a minor accompanied by an adult 12 guardian of the opposite sex into a specified facility 13 appropriate for the adult guardian; 14 (4) prohibit a person with disabilities from using a 15 specified facility appropriate to the biological sex of 16 either the disabled person or of an adult caretaker 17 providing assistance; 18 (5) prohibit access to these facilities by custodial 19 staff, school staff, or other persons in an emergency 20 situation; or 21 (6) alter its current policies on access to public 22 restrooms, locker rooms, dressing rooms, and other similar 23 places.