Text of IL SB 4213 (2022)

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. LRB102 27446 RJT 39240 b A BILL FOR SB4213LRB102 27446 RJT 39240 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 changing Section 527-1 as follows: 6 (105 ILCS 5/27-1) (from Ch. 122, par. 27-1) 7 Sec. 27-1. Areas of education taught - discrimination on 8account of sex. The State of Illinois, having the 9responsibility of defining requirements for elementary and 10secondary education, establishes that the primary purpose of 11schooling is the transmission of knowledge and culture through 12which children learn in areas necessary to their continuing 13development and entry into the world of work. Such areas 14include the language arts, mathematics, the biological, 15physical and social sciences, the fine arts and physical 16development and health. 17 Each school district shall give priority in the allocation 18of resources, including funds, time allocation, personnel, and 19facilities, to fulfilling the primary purpose of schooling. 20 The State Board of Education shall establish goals and 21learning standards consistent with the above purposes and 22define the knowledge and skills which the State expects 23students to master and apply as a consequence of their SB4213- 2 -LRB102 27446 RJT 39240 b 1education. 2 Each school district shall establish learning objectives 3consistent with the State Board of Education's goals and 4learning standards for the areas referred to in this Section, 5shall develop appropriate testing and assessment systems for 6determining the degree to which students are achieving the 7objectives, and shall develop reporting systems to apprise the 8community and State of the assessment results. 9 Each school district shall make available to all students 10academic and vocational courses for the attainment of learning 11objectives. 12 No student shall be refused admission into or be excluded 13from any course of instruction offered in the common schools 14by reason of that person's sex. No student shall, solely by 15reason of that person's sex, be denied equal access to 16physical education and interscholastic athletic programs or 17comparable programs supported from school district funds. For 18the purposes of this Section, a statement of a student's 19biological sex on the student's official birth certificate is 20considered to have correctly stated the student's biological 21sex at birth if the statement was filed at or near the time of 22the student's birth. For interscholastic athletic programs or 23comparable programs supported from school district funds, a 24student's sex shall be the student's biological gender 25assigned at birth. This Section is violated when a high school 26subject to this Act participates in the post-season basketball SB4213- 3 -LRB102 27446 RJT 39240 b 1tournament of any organization or association that does not 2conduct post-season high school basketball tournaments for 3both boys and girls, which tournaments are identically 4structured. Conducting identically structured tournaments 5includes having the same number of girls' teams as boys' teams 6playing, in their respective tournaments, at any common 7location chosen for the final series of games in a tournament; 8provided, that nothing in this paragraph shall be deemed to 9prohibit the selection for the final series of games in the 10girls' tournaments of a common location that is different than 11the common location selected for the final series of games in 12the boys' tournaments. Except as specifically stated in this 13Section, equal access to programs supported by school district 14funds and comparable programs will be defined in rules 15promulgated by the State Board of Education in consultation 16with the Illinois High School Association. 17(Source: P.A. 94-875, eff. 7-1-06.) 18 Section 10. The Board of Higher Education Act is amended 19by adding Section 9.41 as follows: 20 (110 ILCS 205/9.41 new) 21 Sec. 9.41. Designation of athletic teams or sports. 22 (a) For purposes of this Section, a statement of a 23student's biological sex on the student's official birth 24certificate is considered to have correctly stated the SB4213- 4 -LRB102 27446 RJT 39240 b 1student's biological sex at birth if the statement was filed 2at or near the time of the student's birth. 3 (b) Intercollegiate athletic teams or sports that are 4sponsored by a public university must be expressly designated 5as one of the following based on the biological sex at birth of 6team members: 7 (1) males, men, or boys; 8 (2) females, women, or girls; or 9 (3) coed or mixed, including both males and females. 10 (c) An athletic team or sport designated for females, 11women, or girls may not be open to students of the male sex. 12 (d) An athletic team or sport designated for males, men, 13or boys may be open to students of the female sex. 14 Section 15. The Public Community College Act is amended by 15adding Section 3-29.20 as follows: 16 (110 ILCS 805/3-29.20 new) 17 Sec. 3-29.20. Designation of athletic teams or sports. 18 (a) For purposes of this Section, a statement of a 19student's biological sex on the student's official birth 20certificate is considered to have correctly stated the 21student's biological sex at birth if the statement was filed 22at or near the time of the student's birth. 23 (b) Intercollegiate athletic teams or sports that are 24operated by a board must be expressly designated as one of the SB4213- 5 -LRB102 27446 RJT 39240 b 1following based on the biological sex at birth of team 2members: 3 (1) males, men, or boys; 4 (2) females, women, or girls; or 5 (3) coed or mixed, including both males and females. 6 (c) An athletic team or sport designated for females, 7women, or girls may not be open to students of the male sex. 8 (d) An athletic team or sport designated for males, men, 9or boys may be open to students of the female sex.