Text of IL SB 2079 (2026)

104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2079 Introduced 2/6/2025, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED: New Act 105 ILCS 5/22-80.1 new Creates the Gender in Athletics Act. Provides that in any intercollegiate athletic activity that is subject to rules, standards, or classifications that provide for student eligibility restrictions in order to ensure, enhance, or promote fair competition, each public institution of higher education shall make all determinations based on sex and not on gender. Grants rulemaking authority to the Board of High Education to implement and enforce the Act. Amends the School Code. Provides that no school district or nonpublic school whose students or teams compete against a school district or nonpublic school may operate, sponsor, or facilitate interscholastic or intramural athletics that permit a person whose gender is male to participate in any interscholastic or intramural athletics that are designated for females. Allows a student who is aggrieved by an alleged violation or anticipated violation to have the right to file a grievance complaint with the school district or nonpublic school for an immediate determination of whether a violation or anticipated violation exists. Provides that if a violation or anticipated violation is determined to exist, the school district or nonpublic school shall issue a decision immediately and may direct that such violation be terminated or adjusted to prevent a further violation, but if the grievance is rejected, the complaining party has the right to an immediate appeal to the State Board of Education for relief. LRB104 03400 LNS 13422 b A BILL FOR SB2079LRB104 03400 LNS 13422 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 1. Short title. This Act may be cited as the Gender 5in Athletics Act. 6 Section 5. Definitions. As used in this Act: 7 "Public institutions of higher education" has the meaning 8given to that term in the Board of Higher Education Act. 9 "Sex" refers only to biological distinctions between male 10and female. 11 Section 10. Gender in athletics. In any intercollegiate 12athletic activity that is subject to rules, standards, or 13classifications that provide for student eligibility 14restrictions in order to ensure, enhance, or promote fair 15competition, public institutions of higher education shall 16make all determinations based on sex and not on gender. 17 Section 15. Rules. The Board of Higher Education may adopt 18rules as necessary to implement and enforce this Act. 19 Section 90. The School Code is amended by adding Section 2022-80.1 as follows: SB2079- 2 -LRB104 03400 LNS 13422 b 1 (105 ILCS 5/22-80.1 new) 2 Sec. 22-80.1. Gender in athletics. 3 (a) As used in this Section, "gender" means a person's 4biological sex that is solely recognized based on a person's 5reproductive biology and genetics at birth. 6 (b) No school district or nonpublic school in this State 7whose students or teams compete against a school district or 8nonpublic school in this State may operate, sponsor, or 9facilitate interscholastic or intramural athletics that permit 10a person whose gender is male to participate in any 11interscholastic or intramural athletics that are designated 12for females. 13 (c) A student who is aggrieved by an alleged violation or 14anticipated violation of this Section, or the student's parent 15or guardian, has the right to file a grievance with the 16governing body of the school district or nonpublic school for 17an immediate determination of whether a violation or 18anticipated violation of this Section exists. If a violation 19or anticipated violation is determined to exist, the governing 20body of the school district or nonpublic school shall issue a 21decision immediately and may direct that such violation be 22terminated or adjusted to prevent a further violation. If a 23grievance is rejected by the governing body of the school 24district or nonpublic school, the complaining party has the 25right to an immediate appeal to the State Board of Education SB2079- 3 -LRB104 03400 LNS 13422 b 1for relief. 2 (d) Nothing in this Section overrides any requirements or 3protections prescribed in the federal Americans with 4Disabilities Act of 1990.