EDUCATION-GENDER IN ATHLETICS

Illinois General Assembly - Full Text of SB3724

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SB3724 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3724

Introduced 2/5/2026, by Sen. Andrew S. Chesney

SYNOPSIS AS INTRODUCED:

New Act
105 ILCS 5/22-80.5 new

Creates the Gender in Athletics Act. Provides that in any
intercollegiate athletic activity that is subject to rules, standards, or
classifications that provide for student eligibility restrictions in order
to ensure, enhance, or promote fair competition, each public institution
of higher education shall make all determinations based on sex and not on
gender. Grants rulemaking authority to the Board of High Education to
implement and enforce the Act. Amends the School Code. Provides that no
school district or nonpublic school whose students or teams compete
against a school district or nonpublic school may operate, sponsor, or
facilitate interscholastic or intramural athletics that permit a person
whose gender is male to participate in any interscholastic or intramural
athletics that are designated for females. Allows a student who is
aggrieved by an alleged violation or anticipated violation to have the
right to file a grievance complaint with the school district or nonpublic
school for an immediate determination of whether a violation or
anticipated violation exists. Provides that if a violation or anticipated
violation is determined to exist, the school district or nonpublic school
shall issue a decision immediately and may direct that such violation be
terminated or adjusted to prevent a further violation, but if the
grievance is rejected, the complaining party has the right to an immediate
appeal to the State Board of Education for relief.
LRB104 18575 LNS 32018 b

A BILL FOR

SB3724
LRB104 18575 LNS 32018 b
1

AN ACT concerning education.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
Gender
5
in Athletics Act.

6

Section 5.
Definitions.
As used in this Act:
7

"Public institutions of higher education" has the meaning
8
given to that term in the Board of Higher Education Act.
9

"Sex" refers only to biological distinctions between male
10
and female.

11

Section 10.
Gender in athletics.
In any intercollegiate
12
athletic activity that is subject to rules, standards, or
13
classifications that provide for student eligibility
14
restrictions in order to ensure, enhance, or promote fair
15
competition, public institutions of higher education shall
16
make all determinations based on sex and not on gender.

17

Section 15.
Rules.
The Board of Higher Education may adopt
18
rules as necessary to implement and enforce this Act.

19

Section 90.
The School Code is amended by adding Section
20
22-80.5 as follows:

SB3724
- 2 -
LRB104 18575 LNS 32018 b
1

(105 ILCS 5/22-80.5 new)
2

Sec. 22-80.5.
Gender in athletics.

3

(a) As used in this Section, "gender" means a person's
4
biological sex that is solely recognized based on a person's
5
reproductive biology and genetics at birth.
6

(b) No school district or nonpublic school in this State
7
whose students or teams compete against a school district or
8
nonpublic school in this State may operate, sponsor, or
9
facilitate interscholastic or intramural athletics that permit
10
a person whose gender is male to participate in any
11
interscholastic or intramural athletics that are designated
12
for females.

13

(c) A student who is aggrieved by an alleged violation or
14
anticipated violation of this Section, or the student's parent
15
or guardian, has the right to file a grievance with the
16
governing body of the school district or nonpublic school for
17
an immediate determination of whether a violation or
18
anticipated violation of this Section exists. If a violation
19
or anticipated violation is determined to exist, the governing
20
body of the school district or nonpublic school shall issue a
21
decision immediately and may direct that such violation be
22
terminated or adjusted to prevent a further violation. If a
23
grievance is rejected by the governing body of the school
24
district or nonpublic school, the complaining party has the
25
right to an immediate appeal to the State Board of Education

SB3724
- 3 -
LRB104 18575 LNS 32018 b
1
for relief.
2

(d) Nothing in this Section overrides any requirements or
3
protections prescribed in the federal Americans with
4
Disabilities Act of 1990.

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