HB4082 102ND GENERAL ASSEMBLY

LRB102 18139 CMG 25478 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4082

Introduced 5/13/2021, by Rep. David Friess

SYNOPSIS AS INTRODUCED:

105 ILCS 25/1.25 new

Amends the Interscholastic Athletic Organization Act. Provides that any athletic team or sport that is under the jurisdiction of an association or entity that provides for interscholastic athletics or athletic competition among schools and student must be expressly designated as (i) a male athletic team or sport, (ii) a female athletic team or sport, or (iii) a coeducational athletic team or sport. Provides that an athletic team or sport designated as being female is available only to participants who are female, based on their biological sex. Requires a school district or nonpublic school to obtain a written statement signed by a student's parent or guardian or the student verifying the student's age, biological sex, and that the student has not taken performance enhancing drugs; provides for a penalty for false or misleading statements. Prohibits a governmental entity or an association or entity that provides for interscholastic athletics or athletic competition among schools and students from entertaining a complaint, opening an investigation, or taking any other adverse action against a school district or nonpublic school for maintaining athletic teams or sports in accordance with these provisions.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Interscholastic Athletic Organization Act is amended by adding Section 1.25 as follows:

(105 ILCS 25/1.25 new)

Sec. 1.25. Designation of team or sport based on biological sex.

(a) Any athletic team or sport that is under the jurisdiction of an association or other entity that has as one of its purposes promoting, sponsoring, regulating, or in any manner providing for interscholastic athletics or any form of athletic competition among schools and students within this State must be expressly designated as being:

(1) a male athletic team or sport;

(2) a female athletic team or sport; or

(3) a coeducational athletic team or sport.

(b) An athletic team or sport designated as being female is available only to participants who are female, based on their biological sex.

(c) Once each school year and before allowing a student to participate on an athletic team or sport, the school district or nonpublic school that the student attends shall obtain a written statement verifying all of the following:

(1) The student's age.

(2) The student's biological sex, as ascertained at or before birth in accordance with the student's genetics and reproductive biology.

(3) That the student is not taking and has not taken during the preceding 12 months any performance enhancing drugs, including anabolic steroids.

The statement must be signed by the student's parent or guardian if the student is under the age of 18 years or by the student if the student is 18 years of age or older.

(d) If the school district or nonpublic school that the student attends has reasonable cause to believe that any information provided in accordance with this Section is false or misleading, the school district or nonpublic school may remove the student from any sport or athletic team and prohibit the student's participation in any sport or on any athletic team for the duration of the school year.

(e) A governmental entity or an association or other entity that has as one of its purposes promoting, sponsoring, regulating, or in any manner providing for interscholastic athletics or any form of athletic competition among schools and students within this State may not entertain a complaint, open an investigation, or take any adverse action against a school district or nonpublic school for maintaining athletic teams or sports in accordance with this Section.