Bill Text: IL SB4213 | 2021-2022 | 102nd General Assembly | Introduced

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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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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
SB4213 LRB102 27446 RJT 39240 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Section
27-1 as follows:
(105 ILCS 5/27-1) (from Ch. 122, par. 27-1)
Sec. 27-1. Areas of education taught - discrimination on
account of sex. The State of Illinois, having the
responsibility of defining requirements for elementary and
secondary education, establishes that the primary purpose of
schooling is the transmission of knowledge and culture through
which children learn in areas necessary to their continuing
development and entry into the world of work. Such areas
include the language arts, mathematics, the biological,
physical and social sciences, the fine arts and physical
development and health.
Each school district shall give priority in the allocation
of resources, including funds, time allocation, personnel, and
facilities, to fulfilling the primary purpose of schooling.
The State Board of Education shall establish goals and
learning standards consistent with the above purposes and
define the knowledge and skills which the State expects
students to master and apply as a consequence of their

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education.
Each school district shall establish learning objectives
consistent with the State Board of Education's goals and
learning standards for the areas referred to in this Section,
shall develop appropriate testing and assessment systems for
determining the degree to which students are achieving the
objectives, and shall develop reporting systems to apprise the
community and State of the assessment results.
Each school district shall make available to all students
academic and vocational courses for the attainment of learning
objectives.
No student shall be refused admission into or be excluded
from any course of instruction offered in the common schools
by reason of that person's sex. No student shall, solely by
reason of that person's sex, be denied equal access to
physical education and interscholastic athletic programs or
comparable programs supported from school district funds. For
the purposes of this Section, 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. 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. This Section is violated when a high school
subject to this Act participates in the post-season basketball

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tournament of any organization or association that does not
conduct post-season high school basketball tournaments for
both boys and girls, which tournaments are identically
structured. Conducting identically structured tournaments
includes having the same number of girls' teams as boys' teams
playing, in their respective tournaments, at any common
location chosen for the final series of games in a tournament;
provided, that nothing in this paragraph shall be deemed to
prohibit the selection for the final series of games in the
girls' tournaments of a common location that is different than
the common location selected for the final series of games in
the boys' tournaments. Except as specifically stated in this
Section, equal access to programs supported by school district
funds and comparable programs will be defined in rules
promulgated by the State Board of Education in consultation
with the Illinois High School Association.
(Source: P.A. 94-875, eff. 7-1-06.)
Section 10. The Board of Higher Education Act is amended
by adding Section 9.41 as follows:
(110 ILCS 205/9.41 new)
Sec. 9.41. Designation of athletic teams or sports.
(a) For purposes of this Section, a statement of a
student's biological sex on the student's official birth
certificate is considered to have correctly stated the

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student's biological sex at birth if the statement was filed
at or near the time of the student's birth.
(b) Intercollegiate athletic teams or sports that are
sponsored by a public university must be expressly designated
as one of the following based on the biological sex at birth of
team members:
(1) males, men, or boys;
(2) females, women, or girls; or
(3) coed or mixed, including both males and females.
(c) An athletic team or sport designated for females,
women, or girls may not be open to students of the male sex.
(d) An athletic team or sport designated for males, men,
or boys may be open to students of the female sex.
Section 15. The Public Community College Act is amended by
adding Section 3-29.20 as follows:
(110 ILCS 805/3-29.20 new)
Sec. 3-29.20. Designation of athletic teams or sports.
(a) For purposes of this Section, 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.
(b) Intercollegiate athletic teams or sports that are
operated by a board must be expressly designated as one of the

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following based on the biological sex at birth of team
members:
(1) males, men, or boys;
(2) females, women, or girls; or
(3) coed or mixed, including both males and females.
(c) An athletic team or sport designated for females,
women, or girls may not be open to students of the male sex.
(d) An athletic team or sport designated for males, men,
or boys may be open to students of the female sex.