Bill Text: IL SB4213 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-11-14 - Referred to Assignments [SB4213 Detail]
Download: Illinois-2021-SB4213-Introduced.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | |||||||||||||||||||||||
5 | 27-1 as follows:
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6 | (105 ILCS 5/27-1) (from Ch. 122, par. 27-1)
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7 | Sec. 27-1. Areas of education taught - discrimination
on | |||||||||||||||||||||||
8 | account of sex. The State of Illinois, having the | |||||||||||||||||||||||
9 | responsibility of
defining requirements for elementary and | |||||||||||||||||||||||
10 | secondary education, establishes
that the primary purpose of | |||||||||||||||||||||||
11 | schooling is the transmission of knowledge and
culture through | |||||||||||||||||||||||
12 | which children learn in areas necessary to their continuing
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13 | development and entry into the world of work. Such areas | |||||||||||||||||||||||
14 | include the language
arts, mathematics, the biological, | |||||||||||||||||||||||
15 | physical and social sciences, the fine
arts and physical | |||||||||||||||||||||||
16 | development and health.
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17 | Each school district shall give priority in the allocation | |||||||||||||||||||||||
18 | of resources,
including funds, time allocation, personnel, and | |||||||||||||||||||||||
19 | facilities, to fulfilling
the primary purpose of schooling.
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20 | The State Board of Education shall establish goals and | |||||||||||||||||||||||
21 | learning standards consistent with the
above purposes and | |||||||||||||||||||||||
22 | define the knowledge and skills which the State expects
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23 | students to master and apply as a consequence of their |
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1 | education.
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2 | Each school district shall establish learning objectives | ||||||
3 | consistent with
the State Board of Education's goals and | ||||||
4 | learning standards for the areas referred to in this Section, | ||||||
5 | shall develop appropriate testing and
assessment systems for | ||||||
6 | determining the degree to which students are
achieving the | ||||||
7 | objectives, and shall develop reporting systems to apprise the
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8 | community and State of the assessment results.
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9 | Each school district shall make available to all
students | ||||||
10 | academic and vocational courses for the attainment of learning
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11 | objectives.
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12 | No student shall be refused admission into or be excluded | ||||||
13 | from any
course of instruction offered in the common schools | ||||||
14 | by reason of that
person's sex. No student shall, solely by | ||||||
15 | reason of that person's sex,
be denied equal access to | ||||||
16 | physical education and interscholastic
athletic programs or | ||||||
17 | comparable programs supported from school district
funds. For | ||||||
18 | the purposes of this Section, a statement of a student's | ||||||
19 | biological sex on the student's official birth certificate is | ||||||
20 | considered to have correctly stated the student's biological | ||||||
21 | sex at birth if the statement was filed at or near the time of | ||||||
22 | the student's birth. For interscholastic athletic programs or | ||||||
23 | comparable programs supported from school district funds, a | ||||||
24 | student's sex shall be the student's biological gender | ||||||
25 | assigned at birth. This Section is violated when a high school | ||||||
26 | subject to this Act
participates in the post-season basketball |
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1 | tournament of any organization
or association that does not | ||||||
2 | conduct post-season high school basketball
tournaments for | ||||||
3 | both boys and girls, which tournaments are identically
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4 | structured. Conducting identically structured tournaments | ||||||
5 | includes having
the same number of girls' teams as boys' teams | ||||||
6 | playing, in their respective
tournaments, at any common | ||||||
7 | location chosen for the final series of games in
a tournament; | ||||||
8 | provided, that nothing in this paragraph shall be deemed to
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9 | prohibit the selection for the final series of games in the | ||||||
10 | girls'
tournaments of a common location that is different than | ||||||
11 | the common location
selected for the final series of games in | ||||||
12 | the boys' tournaments. Except
as specifically stated in this | ||||||
13 | Section, equal access
to programs supported by school district | ||||||
14 | funds and comparable programs will
be defined in rules | ||||||
15 | promulgated by the State Board of Education in
consultation | ||||||
16 | with the Illinois High School Association.
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17 | (Source: P.A. 94-875, eff. 7-1-06.)
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18 | Section 10. The Board of Higher Education Act is amended | ||||||
19 | by adding Section 9.41 as follows:
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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 | ||||||
23 | student's biological sex on the student's official birth | ||||||
24 | certificate is considered to have correctly stated the |
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1 | student's biological sex at birth if the statement was filed | ||||||
2 | at or near the time of the student's birth. | ||||||
3 | (b) Intercollegiate athletic teams or sports that are | ||||||
4 | sponsored by a public university must be expressly designated | ||||||
5 | as one of the following based on the biological sex at birth of | ||||||
6 | team 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, | ||||||
11 | women, or girls may not be open to students of the male sex. | ||||||
12 | (d) An athletic team or sport designated for males, men, | ||||||
13 | or boys may be open to students of the female sex.
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14 | Section 15. The Public Community College Act is amended by | ||||||
15 | adding Section 3-29.20 as follows:
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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 | ||||||
19 | student's biological sex on the student's official birth | ||||||
20 | certificate is considered to have correctly stated the | ||||||
21 | student's biological sex at birth if the statement was filed | ||||||
22 | at or near the time of the student's birth. | ||||||
23 | (b) Intercollegiate athletic teams or sports that are | ||||||
24 | operated by a board must be expressly designated as one of the |
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1 | following based on the biological sex at birth of team | ||||||
2 | members: | ||||||
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, | ||||||
7 | women, or girls may not be open to students of the male sex. | ||||||
8 | (d) An athletic team or sport designated for males, men, | ||||||
9 | or boys may be open to students of the female sex.
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