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1 | AN ACT concerning education, which may be referred to as | ||||||||||||||||||||||||||
2 | the Child Privacy Act.
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3 | Be it enacted by the People of the State of Illinois,
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4 | represented in the General Assembly:
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5 | Section 5. The School Code is amended by adding Sections | ||||||||||||||||||||||||||
6 | 10-20.58 and 34-18.50 as follows: | ||||||||||||||||||||||||||
7 | (105 ILCS 5/10-20.58 new) | ||||||||||||||||||||||||||
8 | Sec. 10-20.58. Pupil physical privacy. | ||||||||||||||||||||||||||
9 | (a) In this Section: | ||||||||||||||||||||||||||
10 | "Changing room" means a room or area, with or without | ||||||||||||||||||||||||||
11 | stalls for individual use, designated for a person to change | ||||||||||||||||||||||||||
12 | his or her clothes and includes a locker room, shower room, or | ||||||||||||||||||||||||||
13 | dressing room. | ||||||||||||||||||||||||||
14 | "Sex" means the physical condition of being male or female, | ||||||||||||||||||||||||||
15 | as determined by an individual's chromosomes and identified at | ||||||||||||||||||||||||||
16 | birth by that individual's anatomy. | ||||||||||||||||||||||||||
17 | (b) A school board shall designate each pupil restroom, | ||||||||||||||||||||||||||
18 | changing room, or overnight facility accessible by multiple | ||||||||||||||||||||||||||
19 | pupils simultaneously, whether located in a public school | ||||||||||||||||||||||||||
20 | building or located in a facility utilized by the school for a | ||||||||||||||||||||||||||
21 | school-sponsored activity, for the exclusive use of pupils of | ||||||||||||||||||||||||||
22 | only one sex. | ||||||||||||||||||||||||||
23 | (c) A school board may establish policies for special |
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1 | events, including athletic events, during which the school | ||||||
2 | board may temporarily redesignate a pupil restroom or changing | ||||||
3 | room. Upon the conclusion of the special event, the pupil | ||||||
4 | restroom or changing room shall revert to the designation under | ||||||
5 | subsection (b) of this Section. | ||||||
6 | (d) Except as provided in subsection (c) of this Section, | ||||||
7 | no member of the female sex may use a pupil restroom or | ||||||
8 | changing room that has been designated by the school board for | ||||||
9 | the exclusive use of the male sex, and no member of the male | ||||||
10 | sex may use a pupil restroom or changing room that has been | ||||||
11 | designated by the school board for the exclusive use of the | ||||||
12 | female sex. The prohibition under this subsection (d) does not | ||||||
13 | apply to a child under the age of 7 who is being assisted by a | ||||||
14 | parent, guardian, or family member or to a person providing | ||||||
15 | assistance to a person with a disability. | ||||||
16 | (e) A school board may provide reasonable accommodations to | ||||||
17 | a pupil to use a single-occupancy restroom or changing room or | ||||||
18 | the regulated use of a faculty restroom or changing room if the | ||||||
19 | following 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 | ||||||
7 | pupil enrolled in the school district or from the parent or | ||||||
8 | guardian of a pupil enrolled in the district regarding a | ||||||
9 | violation of this Section, the school board shall, within 30 | ||||||
10 | days, investigate and attempt to resolve the complaint. | ||||||
11 | (g) The pupil or the parent or guardian of the pupil who | ||||||
12 | submitted a written complaint under subsection (f) of this | ||||||
13 | Section may bring a claim in the circuit court of the county in | ||||||
14 | which the school is located for any of the following if the | ||||||
15 | complaint is not resolved to the satisfaction of the pupil or | ||||||
16 | the 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 5/34-18.50 new) | ||||||
22 | Sec. 34-18.50. Pupil physical privacy. | ||||||
23 | (a) In this Section: | ||||||
24 | "Changing room" means a room or area, with or without | ||||||
25 | stalls for individual use, designated for a person to change |
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1 | his or her clothes and includes a locker room, shower room, or | ||||||
2 | dressing room. | ||||||
3 | "Sex" means the physical condition of being male or female, | ||||||
4 | as determined by an individual's chromosomes and identified at | ||||||
5 | birth by that individual's anatomy. | ||||||
6 | (b) The board shall designate each pupil restroom, changing | ||||||
7 | room, or overnight facility accessible by multiple pupils | ||||||
8 | simultaneously, whether located in a public school building or | ||||||
9 | located in a facility utilized by the school for a | ||||||
10 | school-sponsored activity, for the exclusive use of pupils of | ||||||
11 | only one sex. | ||||||
12 | (c) The board may establish policies for special events, | ||||||
13 | including athletic events, during which the board may | ||||||
14 | temporarily redesignate a pupil restroom or changing room. Upon | ||||||
15 | the conclusion of the special event, the pupil restroom or | ||||||
16 | changing room shall revert to the designation under subsection | ||||||
17 | (b) of this Section. | ||||||
18 | (d) Except as provided in subsection (c) of this Section, | ||||||
19 | no member of the female sex may use a pupil restroom or | ||||||
20 | changing room that has been designated by the board for the | ||||||
21 | exclusive use of the male sex, and no member of the male sex | ||||||
22 | may use a pupil restroom or changing room that has been | ||||||
23 | designated by the board for the exclusive use of the female | ||||||
24 | sex. The prohibition under this subsection (d) does not apply | ||||||
25 | to a child under the age of 7 who is being assisted by a parent, | ||||||
26 | guardian, or family member or to a person providing assistance |
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1 | to a person with a disability. | ||||||
2 | (e) The board may provide reasonable accommodations to a | ||||||
3 | pupil to use a single-occupancy restroom or changing room or | ||||||
4 | the regulated use of a faculty restroom or changing room if the | ||||||
5 | following 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 | ||||||
19 | enrolled in the school district or from the parent or guardian | ||||||
20 | of a pupil enrolled in the district regarding a violation of | ||||||
21 | this Section, the board shall, within 30 days, investigate and | ||||||
22 | attempt to resolve the complaint. | ||||||
23 | (g) The pupil or the parent or guardian of the pupil who | ||||||
24 | submitted a written complaint under subsection (f) of this | ||||||
25 | Section may bring a claim in the circuit court of the county in | ||||||
26 | which the school is located for any of the following if the |
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1 | complaint is not resolved to the satisfaction of the pupil or | ||||||
2 | the 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.
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