Summary — SB 1226 (School Restroom Access / Biological Sex)
Status & Sponsors
- Introduced in the Illinois Senate by Sen. Andrew S. Chesney on January 24, 2025. Cosponsor: Rep. Donald P. DeWitte (and a companion bill, HB 3363).
- Bill would add new Sections 10-20.88 and 34-18.88 to the Illinois School Code.
- As introduced, the bill is in the early legislative stages (referred to committee after first reading).
Purpose
- To require school districts to regulate and restrict access to sex‑segregated facilities (public restrooms, locker rooms, dressing rooms, and similar places) on the basis of “biological sex,” and to require districts to adopt policies addressing gender‑neutral or alternative facilities.
Key provisions
- Definition: “Biological sex” is defined as “the physical condition of being male or female, as determined by a person’s chromosomes, assigned at birth.”
- Facility access rule: Notwithstanding other law, a school district shall regulate and restrict access to public restrooms, locker rooms, dressing rooms, and other similar places on the basis of biological sex.
- Policy requirement: Each school district must adopt a policy that provides for gender‑neutral or alternative facilities for students, staff, and members of the public if the district deems such facilities appropriate.
- Enumerated exceptions — the bill does NOT require districts to:
- Bar a minor who is accompanied by an adult guardian of the opposite sex from using a facility appropriate for the adult guardian.
- Prohibit a person with disabilities from using a facility appropriate to the biological sex of either the person with disabilities or an adult caretaker providing assistance.
- Prohibit access by custodial staff, school staff, or other persons when required in an emergency situation.
Who would be affected
- Public school districts (policy development and implementation responsibility).
- Students and staff, including transgender and gender‑nonconforming individuals, who use school restrooms, locker rooms, and similar facilities.
- Parents, guardians, and school visitors.
- Potentially local education boards and school administrators responsible for compliance and facilities management.
Potential impacts and considerations
- Operational: Districts may need to update codes of conduct and facility access policies and may consider constructing or designating gender‑neutral/alternative facilities.
- Financial: The bill does not specify funding; costs for signage, policy development, staff training, and possible facility changes could arise. The bill summary notes State Mandates Act implications (i.e., possible reimbursement obligations).
- Legal: The statutory definition and restrictions could prompt legal questions or challenges (e.g., with federal nondiscrimination law or existing state protections), depending on interpretation and implementation.
Related legislation
- Companion bill: HB 3363 (same subject matter).