Text of IL SB 3758 (2026)

104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB3758 Introduced 2/5/2026, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-20.88 new 105 ILCS 5/34-18.88 new Amends the School Code. Provides that school districts shall regulate and restrict access to public restrooms, locker rooms, dressing rooms, and other similar places on the basis of biological sex and shall 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) limit access by a minor accompanied by an adult guardian of the opposite sex into a specified facility appropriate for the adult guardian; (2) 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; or (3) prohibit access to these facilities by custodial staff, school staff, or other persons in an emergency situation. LRB104 19173 LNS 32618 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR SB3758LRB104 19173 LNS 32618 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 510-20.88 and 34-18.88 as follows: 6 (105 ILCS 5/10-20.88 new) 7 Sec. 10-20.88. 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 to the 12contrary, a school district shall regulate and restrict access 13to public restrooms, locker rooms, dressing rooms, and other 14similar places on the basis of biological sex and shall adopt a 15policy that provides for gender neutral or alternative 16facilities for students, staff, and members of the public, as 17the school district deems appropriate. 18 (c) Nothing in this Section shall be construed to in any 19way require a school district to: 20 (1) limit access by a minor accompanied by an adult 21 guardian of the opposite sex into a specified facility 22 appropriate for the adult guardian; 23 (2) prohibit a person with disabilities from using a SB3758- 2 -LRB104 19173 LNS 32618 b 1 specified facility appropriate to the biological sex of 2 either the disabled person or of an adult caretaker 3 providing assistance; or 4 (3) prohibit access to these facilities by custodial 5 staff, school staff, or other persons in an emergency 6 situation. 7 (105 ILCS 5/34-18.88 new) 8 Sec. 34-18.88. School restroom access. 9 (a) In this Section, "biological sex" means the physical 10condition of being male or female, as determined by a person's 11chromosomes, assigned at birth. 12 (b) Notwithstanding any other provision of law to the 13contrary, the school district shall regulate and restrict 14access to public restrooms, locker rooms, dressing rooms, and 15other similar places on the basis of biological sex and shall 16adopt a policy that provides for gender neutral or alternative 17facilities for students, staff, and members of the public, as 18the school district deems appropriate. 19 (c) Nothing in this Section shall be construed to in any 20way require the school district to: 21 (1) limit access by a minor accompanied by an adult 22 guardian of the opposite sex into a specified facility 23 appropriate for the adult guardian; 24 (2) prohibit a person with disabilities from using a 25 specified facility appropriate to the biological sex of SB3758- 3 -LRB104 19173 LNS 32618 b 1 either the disabled person or of an adult caretaker 2 providing assistance; or 3 (3) prohibit access to these facilities by custodial 4 staff, school staff, or other persons in an emergency 5 situation.