Illinois Becomes First State to Explicitly Link School Anti-Discrimination Policies to Custody Determinations Under New HB 3247

CHICAGO, IL - January 5, 2026 - Illinois has positioned itself at the forefront of LGBTQ+ youth protection with the implementation of House Bill 3247, the "Safe Schools for All Act," which took effect January 1, 2026. While primarily an education law, HB 3247 carries significant-and largely unreported-implications for family court proceedings across the state.

Jonathan D. Steele, a family law partner at Beermann LLP in Chicago, has published a comprehensive legal analysis examining how the legislation intersects with Illinois custody law, potentially reshaping how judges evaluate parental fitness when LGBTQ+ children are involved.

"This is not just education policy-it's family law," said Steele. "When a statute requires schools to protect students from identity-based discrimination, and Illinois courts are simultaneously required to consider a child's emotional wellbeing under 750 ILCS 5/602.7, the connection becomes legally significant. A parent's conduct toward their LGBTQ+ child is now more squarely within the best-interest analysis than ever before."

The Legal Framework

Under Illinois law, custody determinations are governed by the "best interest of the child" standard, which requires courts to consider numerous factors including the child's adjustment to home, school, and community, as well as the mental and physical health of all parties involved. HB 3247 adds new dimensions to this analysis by:

• Mandating Anti-Discrimination Policies: All Illinois public schools must implement and enforce policies protecting students from discrimination based on sexual orientation and gender identity
• Requiring Documentation: Schools must maintain records of discriminatory incidents, creating potential evidence for custody proceedings
• Establishing Reporting Protocols: Clear procedures for addressing discrimination complaints generate documented histories that attorneys can subpoena

"The practical effect is that a parent's choice of school-and their advocacy or opposition to inclusive policies-may now be relevant in contested custody matters," Steele explained. "If one parent ensures their child attends a school with robust protections while the other dismisses or undermines those safeguards, that contrast could influence judicial decision-making."

National Context and Illinois Leadership

Illinois joins a growing number of states grappling with how to protect LGBTQ+ youth in educational settings, but HB 3247's intersection with family law appears unique. According to the Movement Advancement Project, approximately 2.2 million LGBTQ+ youth live in states with some form of school anti-discrimination protection, but Illinois's explicit framework linking school policy compliance to documented incidents creates a clearer evidentiary pathway for family courts.

The legislation arrives as national debate intensifies over parental rights versus child welfare in matters of gender identity. Unlike more contentious approaches seen in other states, HB 3247 focuses on school-based protections rather than medical interventions, potentially providing a model that addresses youth safety without directly entering the most polarized aspects of the national conversation.

Implications for Illinois Families

For parents currently navigating custody disputes, Steele offers practical guidance:

"Documentation matters more than ever," he said. "Parents should understand that school records of discrimination-or a school's compliance status under HB 3247-could become exhibits in custody litigation. How you respond when your child reports being bullied for their identity, what school you advocate for, and whether you engage with protective policies are all potentially relevant factors."

The legislation also raises questions about parental conduct outside of school settings. While HB 3247 specifically addresses educational institutions, Steele notes that judicial interpretation could extend the underlying principles more broadly.

"Illinois courts have always considered the totality of circumstances affecting a child's wellbeing," Steele said. "HB 3247 reinforces that a child's identity-and whether it's supported or rejected within the family-falls squarely within that analysis. We may see this legislation cited in cases where school-specific conduct isn't even at issue."

Looking Ahead

As practitioners and courts begin applying HB 3247 in family law contexts, Steele anticipates both procedural and substantive developments. "I expect to see discovery requests specifically targeting school discrimination records, and potentially expert testimony on how parental acceptance or rejection of a child's identity affects developmental outcomes," he said. "This legislation has opened a door that won't easily close."

The full legal analysis is available at:
https://steelefamlaw.com/article/illinois-hb-3247-safe-schools-lgbtq-custody

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Chicago, Illinois 60601

About Jonathan D. Steele

Jonathan D. Steele is a partner at Beermann LLP focusing on complex family law matters, including high-net-worth divorce, custody disputes, and interstate jurisdiction issues. He holds cybersecurity certifications (CompTIA Security+, ISC2 CC, Google Cybersecurity Certification) and advises clients on digital privacy concerns in family law proceedings. He is admitted to practice in Illinois and before the U.S. District Court for the Northern District of Illinois.

About Beermann LLP

Beermann LLP is a Chicago-based law firm providing comprehensive legal services in family law, estate planning, and civil litigation. Founded in 1980, the firm has served Illinois families for over 45 years from its offices in the historic Michigan Avenue corridor.

This release was published on openPR.