1 | 1 | | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB4027 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED: 105 ILCS 25/1.30 new Amends the Interscholastic Athletic Organization Act. Provides that a public school or public postsecondary educational institution that offers, operates, or sponsors interscholastic or intercollegiate athletics shall provide equal athletic opportunities for members of both sexes. Provides that a school may operate or sponsor single-sex teams if the selection for such teams is based upon competitive skill or the activity involved is a contact sport. Provides that a school that participates in competitions or athletic events with or against other schools shall designate each team, competition, or athletic event as (i) for males, men, or boys; (ii) for females, women, or girls; or (iii) coeducational or mixed. Provides that a school or athletic association that is participating in a competition or an athletic event with or against another school that operates, sponsors, or permits athletic events or competitions may not allow any male to compete for, against, or with a team designated for females, women, or girls. Provides that a school or athletic association that operates, sponsors, or permits athletic events or competitions may not allow certain actions. Provides that a governmental entity, licensing or accrediting organization, athletic association, or school may not consider a complaint, open an investigation, or take adverse action against a school for complying with the amendatory provisions. Provides for private causes of action. Makes other changes. LRB104 12725 LNS 23679 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB4027 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED: 105 ILCS 25/1.30 new 105 ILCS 25/1.30 new Amends the Interscholastic Athletic Organization Act. Provides that a public school or public postsecondary educational institution that offers, operates, or sponsors interscholastic or intercollegiate athletics shall provide equal athletic opportunities for members of both sexes. Provides that a school may operate or sponsor single-sex teams if the selection for such teams is based upon competitive skill or the activity involved is a contact sport. Provides that a school that participates in competitions or athletic events with or against other schools shall designate each team, competition, or athletic event as (i) for males, men, or boys; (ii) for females, women, or girls; or (iii) coeducational or mixed. Provides that a school or athletic association that is participating in a competition or an athletic event with or against another school that operates, sponsors, or permits athletic events or competitions may not allow any male to compete for, against, or with a team designated for females, women, or girls. Provides that a school or athletic association that operates, sponsors, or permits athletic events or competitions may not allow certain actions. Provides that a governmental entity, licensing or accrediting organization, athletic association, or school may not consider a complaint, open an investigation, or take adverse action against a school for complying with the amendatory provisions. Provides for private causes of action. Makes other changes. LRB104 12725 LNS 23679 b LRB104 12725 LNS 23679 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR |
---|
2 | 2 | | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB4027 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED: |
---|
3 | 3 | | 105 ILCS 25/1.30 new 105 ILCS 25/1.30 new |
---|
4 | 4 | | 105 ILCS 25/1.30 new |
---|
5 | 5 | | Amends the Interscholastic Athletic Organization Act. Provides that a public school or public postsecondary educational institution that offers, operates, or sponsors interscholastic or intercollegiate athletics shall provide equal athletic opportunities for members of both sexes. Provides that a school may operate or sponsor single-sex teams if the selection for such teams is based upon competitive skill or the activity involved is a contact sport. Provides that a school that participates in competitions or athletic events with or against other schools shall designate each team, competition, or athletic event as (i) for males, men, or boys; (ii) for females, women, or girls; or (iii) coeducational or mixed. Provides that a school or athletic association that is participating in a competition or an athletic event with or against another school that operates, sponsors, or permits athletic events or competitions may not allow any male to compete for, against, or with a team designated for females, women, or girls. Provides that a school or athletic association that operates, sponsors, or permits athletic events or competitions may not allow certain actions. Provides that a governmental entity, licensing or accrediting organization, athletic association, or school may not consider a complaint, open an investigation, or take adverse action against a school for complying with the amendatory provisions. Provides for private causes of action. Makes other changes. |
---|
6 | 6 | | LRB104 12725 LNS 23679 b LRB104 12725 LNS 23679 b |
---|
7 | 7 | | LRB104 12725 LNS 23679 b |
---|
8 | 8 | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY |
---|
9 | 9 | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY |
---|
10 | 10 | | A BILL FOR |
---|
11 | 11 | | HB4027LRB104 12725 LNS 23679 b HB4027 LRB104 12725 LNS 23679 b |
---|
12 | 12 | | HB4027 LRB104 12725 LNS 23679 b |
---|
13 | 13 | | 1 AN ACT concerning education. |
---|
14 | 14 | | 2 Be it enacted by the People of the State of Illinois, |
---|
15 | 15 | | 3 represented in the General Assembly: |
---|
16 | 16 | | 4 Section 1. This Act may be referred to as the Riley Gaines |
---|
17 | 17 | | 5 Act. |
---|
18 | 18 | | 6 Section 5. Findings. The General Assembly makes all of the |
---|
19 | 19 | | 7 following findings: |
---|
20 | 20 | | 8 (1) The term "sex" refers to an individual's |
---|
21 | 21 | | 9 biological sex, either male or female. An individual's sex |
---|
22 | 22 | | 10 can be observed or clinically verified at or before birth, |
---|
23 | 23 | | 11 and in no case is an individual's sex determined by |
---|
24 | 24 | | 12 stipulation or self-identification. |
---|
25 | 25 | | 13 (2) With respect to sex, the term "equal" does not |
---|
26 | 26 | | 14 mean same or identical. |
---|
27 | 27 | | 15 (3) With respect to sex, separate accommodations are |
---|
28 | 28 | | 16 not inherently unequal. |
---|
29 | 29 | | 17 (4) An individual born with a medically verifiable |
---|
30 | 30 | | 18 diagnosis of disorder or differences in sex development |
---|
31 | 31 | | 19 shall be provided any available legal protections and |
---|
32 | 32 | | 20 accommodations afforded under the federal Americans with |
---|
33 | 33 | | 21 Disabilities Act of 1990 and any applicable State law. |
---|
34 | 34 | | 22 (5) Laws and rules that distinguish between the sexes |
---|
35 | 35 | | 23 are subject to intermediate constitutional scrutiny. |
---|
36 | 36 | | |
---|
37 | 37 | | |
---|
38 | 38 | | |
---|
39 | 39 | | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB4027 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED: |
---|
40 | 40 | | 105 ILCS 25/1.30 new 105 ILCS 25/1.30 new |
---|
41 | 41 | | 105 ILCS 25/1.30 new |
---|
42 | 42 | | Amends the Interscholastic Athletic Organization Act. Provides that a public school or public postsecondary educational institution that offers, operates, or sponsors interscholastic or intercollegiate athletics shall provide equal athletic opportunities for members of both sexes. Provides that a school may operate or sponsor single-sex teams if the selection for such teams is based upon competitive skill or the activity involved is a contact sport. Provides that a school that participates in competitions or athletic events with or against other schools shall designate each team, competition, or athletic event as (i) for males, men, or boys; (ii) for females, women, or girls; or (iii) coeducational or mixed. Provides that a school or athletic association that is participating in a competition or an athletic event with or against another school that operates, sponsors, or permits athletic events or competitions may not allow any male to compete for, against, or with a team designated for females, women, or girls. Provides that a school or athletic association that operates, sponsors, or permits athletic events or competitions may not allow certain actions. Provides that a governmental entity, licensing or accrediting organization, athletic association, or school may not consider a complaint, open an investigation, or take adverse action against a school for complying with the amendatory provisions. Provides for private causes of action. Makes other changes. |
---|
43 | 43 | | LRB104 12725 LNS 23679 b LRB104 12725 LNS 23679 b |
---|
44 | 44 | | LRB104 12725 LNS 23679 b |
---|
45 | 45 | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY |
---|
46 | 46 | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY |
---|
47 | 47 | | A BILL FOR |
---|
48 | 48 | | |
---|
49 | 49 | | |
---|
50 | 50 | | |
---|
51 | 51 | | |
---|
52 | 52 | | |
---|
53 | 53 | | 105 ILCS 25/1.30 new |
---|
54 | 54 | | |
---|
55 | 55 | | |
---|
56 | 56 | | |
---|
57 | 57 | | LRB104 12725 LNS 23679 b |
---|
58 | 58 | | |
---|
59 | 59 | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY |
---|
60 | 60 | | |
---|
61 | 61 | | |
---|
62 | 62 | | |
---|
63 | 63 | | |
---|
64 | 64 | | |
---|
65 | 65 | | |
---|
66 | 66 | | |
---|
67 | 67 | | |
---|
68 | 68 | | |
---|
69 | 69 | | |
---|
70 | 70 | | |
---|
71 | 71 | | HB4027 LRB104 12725 LNS 23679 b |
---|
72 | 72 | | |
---|
73 | 73 | | |
---|
74 | 74 | | HB4027- 2 -LRB104 12725 LNS 23679 b HB4027 - 2 - LRB104 12725 LNS 23679 b |
---|
75 | 75 | | HB4027 - 2 - LRB104 12725 LNS 23679 b |
---|
76 | 76 | | 1 Intermediate constitutional scrutiny forbids unfair |
---|
77 | 77 | | 2 discrimination against similarly situated male and female |
---|
78 | 78 | | 3 individuals but allows the law to distinguish between the |
---|
79 | 79 | | 4 sexes if such distinctions are substantially related to an |
---|
80 | 80 | | 5 important government objective. |
---|
81 | 81 | | 6 (6) Notwithstanding any provisions of State law to the |
---|
82 | 82 | | 7 contrary, distinctions between the sexes with respect to |
---|
83 | 83 | | 8 athletics that result in separate accommodations are |
---|
84 | 84 | | 9 substantially related to the important governmental |
---|
85 | 85 | | 10 objectives of protecting the health, safety, and privacy |
---|
86 | 86 | | 11 of individuals in such circumstances. |
---|
87 | 87 | | 12 Section 15. The Interscholastic Athletic Organization Act |
---|
88 | 88 | | 13 is amended by adding Section 1.30 as follows: |
---|
89 | 89 | | 14 (105 ILCS 25/1.30 new) |
---|
90 | 90 | | 15 Sec. 1.30. Equal opportunities for both sexes; single-sex |
---|
91 | 91 | | 16 teams. |
---|
92 | 92 | | 17 (a) As used in this Section: |
---|
93 | 93 | | 18 "Athletic association" means any governing body for an |
---|
94 | 94 | | 19 athletic competition or sport or any organization of athletic |
---|
95 | 95 | | 20 conferences. |
---|
96 | 96 | | 21 "Athletic event" means any contest, game, jamboree, |
---|
97 | 97 | | 22 scrimmage, tournament, showcase, or tryout related to a sport |
---|
98 | 98 | | 23 or physical activity. |
---|
99 | 99 | | 24 "Competition" means an athletic event after which (i) a |
---|
100 | 100 | | |
---|
101 | 101 | | |
---|
102 | 102 | | |
---|
103 | 103 | | |
---|
104 | 104 | | |
---|
105 | 105 | | HB4027 - 2 - LRB104 12725 LNS 23679 b |
---|
106 | 106 | | |
---|
107 | 107 | | |
---|
108 | 108 | | HB4027- 3 -LRB104 12725 LNS 23679 b HB4027 - 3 - LRB104 12725 LNS 23679 b |
---|
109 | 109 | | HB4027 - 3 - LRB104 12725 LNS 23679 b |
---|
110 | 110 | | 1 team or individual is designated as a winner, (ii) roster |
---|
111 | 111 | | 2 spots are determined, or (iii) prizes are awarded. |
---|
112 | 112 | | 3 "Female" means an individual who has, had, or will have |
---|
113 | 113 | | 4 the reproductive system capable of the generation, migration, |
---|
114 | 114 | | 5 and utilization of eggs for fertilization or would have such |
---|
115 | 115 | | 6 capabilities but for a developmental or genetic anomaly or |
---|
116 | 116 | | 7 historical accident. |
---|
117 | 117 | | 8 "Male" means an individual who has, had, or will have the |
---|
118 | 118 | | 9 reproductive system capable of the generation, migration, and |
---|
119 | 119 | | 10 utilization of sperm for fertilization or would have such |
---|
120 | 120 | | 11 capabilities but for a developmental or genetic anomaly or |
---|
121 | 121 | | 12 historical accident. |
---|
122 | 122 | | 13 "Participant" means a student who is participating in an |
---|
123 | 123 | | 14 athletic event. |
---|
124 | 124 | | 15 "Sex" means an individual's biological sex, either male or |
---|
125 | 125 | | 16 female, that can be observed or clinically verified at or |
---|
126 | 126 | | 17 before birth and is not determined by stipulation or |
---|
127 | 127 | | 18 self-identification. |
---|
128 | 128 | | 19 "School" means a public school or public postsecondary |
---|
129 | 129 | | 20 educational institution. |
---|
130 | 130 | | 21 "Team" means any individual or group of people who compete |
---|
131 | 131 | | 22 in athletic events for the same organization, school, club, or |
---|
132 | 132 | | 23 cause. |
---|
133 | 133 | | 24 (b) A school that offers, operates, or sponsors |
---|
134 | 134 | | 25 interscholastic or intercollegiate athletics shall provide |
---|
135 | 135 | | 26 equal athletic opportunities for members of both sexes. |
---|
136 | 136 | | |
---|
137 | 137 | | |
---|
138 | 138 | | |
---|
139 | 139 | | |
---|
140 | 140 | | |
---|
141 | 141 | | HB4027 - 3 - LRB104 12725 LNS 23679 b |
---|
142 | 142 | | |
---|
143 | 143 | | |
---|
144 | 144 | | HB4027- 4 -LRB104 12725 LNS 23679 b HB4027 - 4 - LRB104 12725 LNS 23679 b |
---|
145 | 145 | | HB4027 - 4 - LRB104 12725 LNS 23679 b |
---|
146 | 146 | | 1 (c) A school may operate or sponsor single-sex teams if |
---|
147 | 147 | | 2 the selection for such teams is based upon competitive skill |
---|
148 | 148 | | 3 or the activity involved is a contact sport. |
---|
149 | 149 | | 4 (d) A school that participates in competitions or athletic |
---|
150 | 150 | | 5 events with or against other schools shall designate each |
---|
151 | 151 | | 6 team, competition, or athletic event as one of the following |
---|
152 | 152 | | 7 categories: |
---|
153 | 153 | | 8 (1) for males, men, or boys; |
---|
154 | 154 | | 9 (2) for females, women, or girls; or |
---|
155 | 155 | | 10 (3) coeducational or mixed. |
---|
156 | 156 | | 11 (e) A school or athletic association that is participating |
---|
157 | 157 | | 12 in a competition or an athletic event with or against another |
---|
158 | 158 | | 13 school that operates, sponsors, or permits athletic events or |
---|
159 | 159 | | 14 competitions may not allow any male to compete for, against, |
---|
160 | 160 | | 15 or with a team designated for females, women, or girls. |
---|
161 | 161 | | 16 (f) A school or athletic association that operates, |
---|
162 | 162 | | 17 sponsors, or permits athletic events or competitions may not |
---|
163 | 163 | | 18 allow the following: |
---|
164 | 164 | | 19 (1) any male to occupy a roster spot on any team |
---|
165 | 165 | | 20 designated for females, women, or girls; or |
---|
166 | 166 | | 21 (2) any male to receive a scholarship designated for |
---|
167 | 167 | | 22 female athletes. |
---|
168 | 168 | | 23 (g) The biological sex listed on a participant's birth |
---|
169 | 169 | | 24 certificate may be relied on to establish the participant's |
---|
170 | 170 | | 25 eligibility for athletic activities under this Section if the |
---|
171 | 171 | | 26 sex designated on the birth certificate was designated at or |
---|
172 | 172 | | |
---|
173 | 173 | | |
---|
174 | 174 | | |
---|
175 | 175 | | |
---|
176 | 176 | | |
---|
177 | 177 | | HB4027 - 4 - LRB104 12725 LNS 23679 b |
---|
178 | 178 | | |
---|
179 | 179 | | |
---|
180 | 180 | | HB4027- 5 -LRB104 12725 LNS 23679 b HB4027 - 5 - LRB104 12725 LNS 23679 b |
---|
181 | 181 | | HB4027 - 5 - LRB104 12725 LNS 23679 b |
---|
182 | 182 | | 1 near the time of the participant's birth. |
---|
183 | 183 | | 2 (h) Nothing in this Section may be construed to authorize |
---|
184 | 184 | | 3 a school or athletic association to verify or confirm a |
---|
185 | 185 | | 4 participant's sex through visual inspection of a participant's |
---|
186 | 186 | | 5 external sex organs for purposes of participation in athletic |
---|
187 | 187 | | 6 events. This subsection (h) does not prohibit reliance on |
---|
188 | 188 | | 7 medical records or other standard, school medical procedures |
---|
189 | 189 | | 8 for verification. |
---|
190 | 190 | | 9 (i) Nothing in this Section prohibits a school or athletic |
---|
191 | 191 | | 10 association from allowing males to practice or train with |
---|
192 | 192 | | 11 teams designated for females, women, or girls if the male |
---|
193 | 193 | | 12 players do not take a roster spot, an opportunity to compete, a |
---|
194 | 194 | | 13 scholarship, or a spot at the school from any female. |
---|
195 | 195 | | 14 (j) A governmental entity, licensing or accrediting |
---|
196 | 196 | | 15 organization, athletic association, or school may not consider |
---|
197 | 197 | | 16 a complaint, open an investigation, or take adverse action |
---|
198 | 198 | | 17 against a school for complying with this Section. |
---|
199 | 199 | | 18 (k) An individual who is deprived of an athletic |
---|
200 | 200 | | 19 opportunity or who suffers or will suffer direct or indirect |
---|
201 | 201 | | 20 harm resulting from a violation of this Section may bring a |
---|
202 | 202 | | 21 private cause of action for injunctive relief, compensatory |
---|
203 | 203 | | 22 damages, and attorney's fees against the violating entity. |
---|
204 | 204 | | 23 (l) A school or athletic association that suffers or will |
---|
205 | 205 | | 24 suffer direct or indirect harm as a result of a violation of |
---|
206 | 206 | | 25 this Section may bring a private cause of action against the |
---|
207 | 207 | | 26 violating entity for injunctive relief and compensatory |
---|
208 | 208 | | |
---|
209 | 209 | | |
---|
210 | 210 | | |
---|
211 | 211 | | |
---|
212 | 212 | | |
---|
213 | 213 | | HB4027 - 5 - LRB104 12725 LNS 23679 b |
---|
214 | 214 | | |
---|
215 | 215 | | |
---|
216 | 216 | | HB4027- 6 -LRB104 12725 LNS 23679 b HB4027 - 6 - LRB104 12725 LNS 23679 b |
---|
217 | 217 | | HB4027 - 6 - LRB104 12725 LNS 23679 b |
---|
218 | 218 | | 1 damages. |
---|
219 | 219 | | 2 (m) An individual or team subjected to retaliation or |
---|
220 | 220 | | 3 other adverse actions as a result of reporting a violation of |
---|
221 | 221 | | 4 this Section to an employee or representative of a school or |
---|
222 | 222 | | 5 athletic association or a State or federal governmental entity |
---|
223 | 223 | | 6 with oversight authority may bring a private cause of action |
---|
224 | 224 | | 7 against the retaliating entity for injunctive relief, damages, |
---|
225 | 225 | | 8 and any other available relief. |
---|
226 | 226 | | 9 (n) An action brought under this Section shall be |
---|
227 | 227 | | 10 commenced within one year after the event giving rise to the |
---|
228 | 228 | | 11 complaint. |
---|
229 | 229 | | |
---|
230 | 230 | | |
---|
231 | 231 | | |
---|
232 | 232 | | |
---|
233 | 233 | | |
---|
234 | 234 | | HB4027 - 6 - LRB104 12725 LNS 23679 b |
---|