SCH CD-BIO SEX-RESTROOM ACCESS

Illinois General Assembly - Full Text of SB3758

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3758

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

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-20.88 new
105 ILCS 5/34-18.88 new

Amends the School Code. Provides that school districts shall regulate
and restrict access to public restrooms, locker rooms, dressing rooms, and
other similar places on the basis of biological sex and shall also adopt a
policy that provides for gender neutral or alternative facilities for
students, staff, and members of the public, as the school district deems
appropriate. Provides that school districts are not required to: (1) limit
access by a minor accompanied by an adult guardian of the opposite sex into
a specified facility appropriate for the adult guardian; (2) prohibit a
person with disabilities from using a specified facility appropriate to
the biological sex of either the person with disabilities or of an adult
caretaker providing assistance; or (3) prohibit access to these facilities
by custodial staff, school staff, or other persons in an emergency
situation.
LRB104 19173 LNS 32618 b
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

A BILL FOR

SB3758
LRB104 19173 LNS 32618 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 5.
The School Code is amended by adding Sections
5
10-20.88 and 34-18.88 as follows:

6

(105 ILCS 5/10-20.88 new)
7

Sec. 10-20.88.
School restroom access.
8

(a) In this Section, "biological sex" means the physical
9
condition of being male or female, as determined by a person's
10
chromosomes, assigned at birth.
11

(b) Notwithstanding any other provision of law to the
12
contrary, a school district shall regulate and restrict access
13
to public restrooms, locker rooms, dressing rooms, and other
14
similar places on the basis of biological sex and shall adopt a
15
policy that provides for gender neutral or alternative
16
facilities for students, staff, and members of the public, as
17
the school district deems appropriate.

18

(c) Nothing in this Section shall be construed to in any
19
way require a school district to:

20

(1) limit access by a minor accompanied by an adult
21

guardian of the opposite sex into a specified facility
22

appropriate for the adult guardian;
23

(2) prohibit a person with disabilities from using a

SB3758
- 2 -
LRB104 19173 LNS 32618 b
1

specified facility appropriate to the biological sex of
2

either the disabled person or of an adult caretaker
3

providing assistance; or
4

(3) prohibit access to these facilities by custodial
5

staff, school staff, or other persons in an emergency
6

situation.

7

(105 ILCS 5/34-18.88 new)
8

Sec. 34-18.88.
School restroom access.
9

(a) In this Section, "biological sex" means the physical
10
condition of being male or female, as determined by a person's
11
chromosomes, assigned at birth.
12

(b) Notwithstanding any other provision of law to the
13
contrary, the school district shall regulate and restrict
14
access to public restrooms, locker rooms, dressing rooms, and
15
other similar places on the basis of biological sex and shall
16
adopt a policy that provides for gender neutral or alternative
17
facilities for students, staff, and members of the public, as
18
the school district deems appropriate.

19

(c) Nothing in this Section shall be construed to in any
20
way require the school district to:

21

(1) limit access by a minor accompanied by an adult
22

guardian of the opposite sex into a specified facility
23

appropriate for the adult guardian;
24

(2) prohibit a person with disabilities from using a
25

specified facility appropriate to the biological sex of

SB3758
- 3 -
LRB104 19173 LNS 32618 b
1

either the disabled person or of an adult caretaker
2

providing assistance; or
3

(3) prohibit access to these facilities by custodial
4

staff, school staff, or other persons in an emergency
5

situation.

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