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Full Text of HB0664  100th General Assembly

HB0664 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0664

 

Introduced , by Rep. Thomas Morrison

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-20.60 new
105 ILCS 5/34-18.53 new

    Amends the School Code. Requires a school board to designate each pupil restroom, changing room, or overnight facility accessible by multiple pupils simultaneously, whether located in a public school building or located in a facility utilized by the school for a school-sponsored activity, for the exclusive use of pupils of only one sex. Defines "sex" as the physical condition of being male or female, as determined by an individual's chromosomes and identified at birth by that individual's anatomy. Provides that no member of the female sex may use a pupil restroom or changing room that has been designated by the school board for the exclusive use of the male sex and no member of the male sex may use a pupil restroom or changing room that has been designated by the school board for the exclusive use of the female sex, with exceptions. Authorizes a school board to provide reasonable accommodations to a pupil to use a single-occupancy restroom or changing room or the regulated use of a faculty restroom or changing room if the pupil, if the pupil is an adult or an emancipated minor, or the parent or guardian of a minor pupil submits to school officials, in writing, a request to receive such accommodations and the pupil is a member of the male sex but does not identify as a member of the male sex or the pupil is a member of the female sex but does not identify as a member of the female sex. Sets forth a complaint procedure.


LRB100 06262 NHT 16299 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0664LRB100 06262 NHT 16299 b

1    AN ACT concerning education, which may be referred to as
2the Child Privacy Act.
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5    Section 5. The School Code is amended by adding Sections
610-20.60 and 34-18.53 as follows:
 
7    (105 ILCS 5/10-20.60 new)
8    Sec. 10-20.60. Pupil physical privacy.
9    (a) In this Section:
10    "Changing room" means a room or area, with or without
11stalls for individual use, designated for a person to change
12his or her clothes and includes a locker room, shower room, or
13dressing room.
14    "Sex" means the physical condition of being male or female,
15as determined by an individual's chromosomes and identified at
16birth by that individual's anatomy.
17    (b) A school board shall designate each pupil restroom,
18changing room, or overnight facility accessible by multiple
19pupils simultaneously, whether located in a public school
20building or located in a facility utilized by the school for a
21school-sponsored activity, for the exclusive use of pupils of
22only one sex.
23    (c) A school board may establish policies for special

 

 

HB0664- 2 -LRB100 06262 NHT 16299 b

1events, including athletic events, during which the school
2board may temporarily redesignate a pupil restroom or changing
3room. Upon the conclusion of the special event, the pupil
4restroom or changing room shall revert to the designation under
5subsection (b) of this Section.
6    (d) Except as provided in subsection (c) of this Section,
7no member of the female sex may use a pupil restroom or
8changing room that has been designated by the school board for
9the exclusive use of the male sex, and no member of the male
10sex may use a pupil restroom or changing room that has been
11designated by the school board for the exclusive use of the
12female sex. The prohibition under this subsection (d) does not
13apply to a child under the age of 7 who is being assisted by a
14parent, guardian, or family member or to a person providing
15assistance to a person with a disability.
16    (e) A school board may provide reasonable accommodations to
17a pupil to use a single-occupancy restroom or changing room or
18the regulated use of a faculty restroom or changing room if the
19following conditions are met:
20        (1) The pupil, if the pupil is an adult or an
21    emancipated minor, or the parent or guardian of a minor
22    pupil submits to school officials, in writing, a request to
23    receive accommodations under this subsection (e). This
24    request is considered a school student record that is
25    exempt from inspection and copying under subsection (r) of
26    Section 7.5 of the Freedom of Information Act.

 

 

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1        (2) One of the following applies:
2            (A) The pupil is a member of the male sex but does
3        not identify as a member of the male sex.
4            (B) The pupil is a member of the female sex but
5        does not identify as a member of the female sex.
6    (f) If a school board receives a written complaint from a
7pupil enrolled in the school district or from the parent or
8guardian of a pupil enrolled in the district regarding a
9violation of this Section, the school board shall, within 30
10days, investigate and attempt to resolve the complaint.
11    (g) The pupil or the parent or guardian of the pupil who
12submitted a written complaint under subsection (f) of this
13Section may bring a claim in the circuit court of the county in
14which the school is located for any of the following if the
15complaint is not resolved to the satisfaction of the pupil or
16the pupil's parent or guardian:
17        (1) Declaratory relief.
18        (2) Injunctive relief.
19        (3) Damages, including the reimbursement of reasonable
20    attorney's fees.
 
21    (105 ILCS 5/34-18.53 new)
22    Sec. 34-18.53. Pupil physical privacy.
23    (a) In this Section:
24    "Changing room" means a room or area, with or without
25stalls for individual use, designated for a person to change

 

 

HB0664- 4 -LRB100 06262 NHT 16299 b

1his or her clothes and includes a locker room, shower room, or
2dressing room.
3    "Sex" means the physical condition of being male or female,
4as determined by an individual's chromosomes and identified at
5birth by that individual's anatomy.
6    (b) The board shall designate each pupil restroom, changing
7room, or overnight facility accessible by multiple pupils
8simultaneously, whether located in a public school building or
9located in a facility utilized by the school for a
10school-sponsored activity, for the exclusive use of pupils of
11only one sex.
12    (c) The board may establish policies for special events,
13including athletic events, during which the board may
14temporarily redesignate a pupil restroom or changing room. Upon
15the conclusion of the special event, the pupil restroom or
16changing room shall revert to the designation under subsection
17(b) of this Section.
18    (d) Except as provided in subsection (c) of this Section,
19no member of the female sex may use a pupil restroom or
20changing room that has been designated by the board for the
21exclusive use of the male sex, and no member of the male sex
22may use a pupil restroom or changing room that has been
23designated by the board for the exclusive use of the female
24sex. The prohibition under this subsection (d) does not apply
25to a child under the age of 7 who is being assisted by a parent,
26guardian, or family member or to a person providing assistance

 

 

HB0664- 5 -LRB100 06262 NHT 16299 b

1to a person with a disability.
2    (e) The board may provide reasonable accommodations to a
3pupil to use a single-occupancy restroom or changing room or
4the regulated use of a faculty restroom or changing room if the
5following conditions are met:
6        (1) The pupil, if the pupil is an adult or an
7    emancipated minor, or the parent or guardian of a minor
8    pupil submits to school officials, in writing, a request to
9    receive accommodations under this subsection (e). This
10    request is considered a school student record that is
11    exempt from inspection and copying under subsection (r) of
12    Section 7.5 of the Freedom of Information Act.
13        (2) One of the following applies:
14            (A) The pupil is a member of the male sex but does
15        not identify as a member of the male sex.
16            (B) The pupil is a member of the female sex but
17        does not identify as a member of the female sex.
18    (f) If the board receives a written complaint from a pupil
19enrolled in the school district or from the parent or guardian
20of a pupil enrolled in the district regarding a violation of
21this Section, the board shall, within 30 days, investigate and
22attempt to resolve the complaint.
23    (g) The pupil or the parent or guardian of the pupil who
24submitted a written complaint under subsection (f) of this
25Section may bring a claim in the circuit court of the county in
26which the school is located for any of the following if the

 

 

HB0664- 6 -LRB100 06262 NHT 16299 b

1complaint is not resolved to the satisfaction of the pupil or
2the pupil's parent or guardian:
3        (1) Declaratory relief.
4        (2) Injunctive relief.
5        (3) Damages, including the reimbursement of reasonable
6    attorney's fees.