By: Paxton, Campbell S.B. No. 929
(In the Senate - Filed February 28, 2013; March 12, 2013,
read first time and referred to Committee on Education;
April 4, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 1; April 4, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 929 By: Paxton
A BILL TO BE ENTITLED
AN ACT
relating to equal opportunity for access by home-schooled students
to University Interscholastic League-sponsored activities;
authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 33, Education Code, is
amended by adding Section 33.0833 to read as follows:
Sec. 33.0833. EQUAL OPPORTUNITY FOR HOME-SCHOOLED STUDENTS
TO PARTICIPATE IN UNIVERSITY INTERSCHOLASTIC LEAGUE ACTIVITIES.
(a) In this section, "home-schooled student" has the meaning
assigned by Section 29.916.
(b) Except as provided by Subsection (g), a public school
that participates in an activity sponsored by the University
Interscholastic League shall provide a home-schooled student, who
otherwise meets league eligibility standards to represent that
school in a league activity, with the opportunity to participate in
the activity on behalf of the school in the same manner that the
school provides the opportunity to participate to students enrolled
in the school.
(c) A home-schooled student who seeks to participate or who
participates in a league activity on behalf of a school is subject
to the relevant policies that apply to students enrolled in the
school, including policies regarding registration, age
eligibility, fees, insurance, transportation, physical condition,
qualifications, responsibilities, event schedules, standards of
behavior, and performance.
(d) The parent or legal guardian of a home-schooled student
is responsible for oversight of academic standards relating to the
student's participation in a league activity. As a condition of
eligibility to participate in a league activity during the first
six weeks of a school year, a home-schooled student must
demonstrate grade-level academic proficiency on any nationally
recognized, norm-referenced assessment instrument, including the
Iowa Test of Basic Skills, Stanford Achievement Test, California
Achievement Test, and Comprehensive Test of Basic Skills. A
home-schooled student demonstrates the required academic
proficiency by achieving a composite, core, or survey score that is
within the average or higher than average range of scores, as
established by the applicable testing service. For purposes of
this subsection, a school district shall accept assessment results
administered or reported by a third party.
(e) A home-schooled student's demonstration of academic
proficiency under Subsection (d) is sufficient for purposes of that
subsection for the school year in which the student achieves the
required score and the subsequent school year.
(f) After the first six weeks of a school year, the parent or
legal guardian of a home-schooled student participating in a league
activity on behalf of a public school must periodically, in
accordance with the school's grading calendar, provide written
verification to the school indicating that the student is receiving
a passing grade in each course or subject being taught.
(g) A home-schooled student is not authorized by this
section to participate in a league activity during the remainder of
any school year during which the student was previously enrolled in
a public school.
(h) The University Interscholastic League may not prohibit
a home-schooled student from participating in league activities in
the manner authorized by this section.
(i) This section expires July 1, 2017.
SECTION 2. Effective July 1, 2017, Subchapter D, Chapter
33, Education Code, is amended by adding Section 33.0834 to read as
follows:
Sec. 33.0834. EQUAL OPPORTUNITY FOR HOME-SCHOOLED STUDENTS
TO PARTICIPATE IN UNIVERSITY INTERSCHOLASTIC LEAGUE ACTIVITIES.
(a) In this section, "home-schooled student" has the meaning
assigned by Section 29.916.
(b) Notwithstanding the expiration of Section 33.0833, as
added by S.B. 929, Acts of the 83rd Legislature, Regular Session,
2013, a home-schooled student who participated in an activity
sponsored by the University Interscholastic League under the
authority of that section before July 1, 2017, may continue to
participate in the same league activity on the same terms
previously specified by that section.
(c) This section expires July 1, 2030.
SECTION 3. This Act applies beginning with the 2013-2014
school year.
SECTION 4. Except as otherwise provided by this Act:
(1) 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; and
(2) if this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2013.
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