By: Patrick, Ogden S.B. No. 1214
(Garza)
A BILL TO BE ENTITLED
AN ACT
relating to equal opportunity for access by private and parochial
school students to certain University Interscholastic League
sponsored activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 33, Education Code, is
amended by adding Section 33.0832 to read as follows:
Sec. 33.0832. EQUAL OPPORTUNITY FOR ACCESS TO UNIVERSITY
INTERSCHOLASTIC LEAGUE ACTIVITIES OTHER THAN FOOTBALL OR
BASKETBALL. (a) In this section, "private school" has the meaning
assigned by Section 39.033(d).
(b) The University Interscholastic League shall provide
private and parochial schools with equal opportunity to become
members of the league for the purpose of providing their students
with access to league activities other than football or basketball.
(c) This section does not exempt a private or parochial
school or its students from satisfying each rule or eligibility
requirement imposed by this subchapter or the league for
participating in an activity or league district sponsored by the
league.
(d) A private or parochial school seeking to participate in
a league activity or to become a member of a league district shall
apply to the league on a signed form prescribed by the league. The
school must certify its eligibility under this subchapter and
league rules in the application and must attach proof of
accreditation. The league may not impose eligibility requirements
for private or parochial schools that exceed the requirements of
this subchapter or league rules for public schools or require proof
of eligibility that exceeds the proof required of public schools.
On approval of an application, the league shall issue a certificate
of approval to the applicant school. The application and
certificate of approval are governmental records for purposes of
Section 37.10, Penal Code.
(e) The league shall determine the appropriate league
district in which an eligible private or parochial school will
participate using the same standard the league applies to public
schools, provided that the private or parochial school may not be
placed in a league district lower than the 1A level.
(f) The league shall adopt rules that prohibit an eligible
private or parochial school from recruiting any student to attend
the school for the purpose of participating in a league activity. A
rule adopted under this subsection may not discriminate against an
eligible private or parochial school.
(g) To be eligible under this section, a private or
parochial school must:
(1) be accredited by an accrediting organization
recognized by the agency;
(2) not have had its ability or eligibility to
participate in an association similar to the league compromised,
revoked, or suspended for violating the rules or codes of that
association within the five-year period preceding the date of
application to participate in the league;
(3) offer a four-year high school curriculum;
(4) offer interscholastic competition; and
(5) require daily student attendance at a specific
location.
(h) Nothing in this section affects the right of a private
school participating in league activities during the 2010-2011
school year to continue participating in league activities in
subsequent school years in a manner comparable to the school's
participation during the 2010-2011 school year.
(i)(1) Notwithstanding any other provision of this section,
but subject to Subsection (h), the league shall implement this
section by providing private and parochial schools with equal
opportunity to participate in:
(A) league academic activities beginning with
the 2011-2012 school year;
(B) league athletic activities, other than
football or basketball, at the 1A and 2A league district levels
beginning with the spring semester of the 2011-2012 school year;
(C) league athletic activities, other than
football or basketball, at the 3A league district level beginning
with the 2012-2013 school year;
(D) league athletic activities, other than
football or basketball, at the 4A league district level beginning
with the 2013-2014 school year; and
(E) league athletic activities, other than
football or basketball, at the 5A league district level beginning
with the 2014-2015 school year.
(2) Nothing in this subsection affects the right of a
private school participating in league activities during the
2010-2011 school year to continue participating in league
activities in subsequent school years in a manner comparable to the
school's participation during the 2010-2011 school year.
(j) Subsection (i) and this subsection expire September 1,
2015.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.