Texas 2011 - 82nd Regular

Texas Senate Bill SB1214 Compare Versions

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1	1	By: Patrick, Ogden S.B. No. 1214
2	2	(Garza)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to equal opportunity for access by private and parochial
8	8	school students to certain University Interscholastic League
9	9	sponsored activities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter D, Chapter 33, Education Code, is
12	12	amended by adding Section 33.0832 to read as follows:
13	13	Sec. 33.0832. EQUAL OPPORTUNITY FOR ACCESS TO UNIVERSITY
14	14	INTERSCHOLASTIC LEAGUE ACTIVITIES OTHER THAN FOOTBALL OR
15	15	BASKETBALL. (a) In this section, "private school" has the meaning
16	16	assigned by Section 39.033(d).
17	17	(b) The University Interscholastic League shall provide
18	18	private and parochial schools with equal opportunity to become
19	19	members of the league for the purpose of providing their students
20	20	with access to league activities other than football or basketball.
21	21	(c) This section does not exempt a private or parochial
22	22	school or its students from satisfying each rule or eligibility
23	23	requirement imposed by this subchapter or the league for
24	24	participating in an activity or league district sponsored by the
25	25	league.
26	26	(d) A private or parochial school seeking to participate in
27	27	a league activity or to become a member of a league district shall
28	28	apply to the league on a signed form prescribed by the league. The
29	29	school must certify its eligibility under this subchapter and
30	30	league rules in the application and must attach proof of
31	31	accreditation. The league may not impose eligibility requirements
32	32	for private or parochial schools that exceed the requirements of
33	33	this subchapter or league rules for public schools or require proof
34	34	of eligibility that exceeds the proof required of public schools.
35	35	On approval of an application, the league shall issue a certificate
36	36	of approval to the applicant school. The application and
37	37	certificate of approval are governmental records for purposes of
38	38	Section 37.10, Penal Code.
39	39	(e) The league shall determine the appropriate league
40	40	district in which an eligible private or parochial school will
41	41	participate using the same standard the league applies to public
42	42	schools, provided that the private or parochial school may not be
43	43	placed in a league district lower than the 1A level.
44	44	(f) The league shall adopt rules that prohibit an eligible
45	45	private or parochial school from recruiting any student to attend
46	46	the school for the purpose of participating in a league activity. A
47	47	rule adopted under this subsection may not discriminate against an
48	48	eligible private or parochial school.
49	49	(g) To be eligible under this section, a private or
50	50	parochial school must:
51	51	(1) be accredited by an accrediting organization
52	52	recognized by the agency;
53	53	(2) not have had its ability or eligibility to
54	54	participate in an association similar to the league compromised,
55	55	revoked, or suspended for violating the rules or codes of that
56	56	association within the five-year period preceding the date of
57	57	application to participate in the league;
58	58	(3) offer a four-year high school curriculum;
59	59	(4) offer interscholastic competition; and
60	60	(5) require daily student attendance at a specific
61	61	location.
62	62	(h) Nothing in this section affects the right of a private
63	63	school participating in league activities during the 2010-2011
64	64	school year to continue participating in league activities in
65	65	subsequent school years in a manner comparable to the school's
66	66	participation during the 2010-2011 school year.
67	67	(i)(1) Notwithstanding any other provision of this section,
68	68	but subject to Subsection (h), the league shall implement this
69	69	section by providing private and parochial schools with equal
70	70	opportunity to participate in:
71	71	(A) league academic activities beginning with
72	72	the 2011-2012 school year;
73	73	(B) league athletic activities, other than
74	74	football or basketball, at the 1A and 2A league district levels
75	75	beginning with the spring semester of the 2011-2012 school year;
76	76	(C) league athletic activities, other than
77	77	football or basketball, at the 3A league district level beginning
78	78	with the 2012-2013 school year;
79	79	(D) league athletic activities, other than
80	80	football or basketball, at the 4A league district level beginning
81	81	with the 2013-2014 school year; and
82	82	(E) league athletic activities, other than
83	83	football or basketball, at the 5A league district level beginning
84	84	with the 2014-2015 school year.
85	85	(2) Nothing in this subsection affects the right of a
86	86	private school participating in league activities during the
87	87	2010-2011 school year to continue participating in league
88	88	activities in subsequent school years in a manner comparable to the
89	89	school's participation during the 2010-2011 school year.
90	90	(j) Subsection (i) and this subsection expire September 1,
91	91	2015.
92	92	SECTION 2. This Act takes effect immediately if it receives
93	93	a vote of two-thirds of all the members elected to each house, as
94	94	provided by Section 39, Article III, Texas Constitution. If this
95	95	Act does not receive the vote necessary for immediate effect, this
96	96	Act takes effect September 1, 2011.