1 | 1 | | 86R4392 SRS-F |
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2 | 2 | | By: Fallon S.B. No. 718 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to equal opportunity for access by home-schooled students |
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8 | 8 | | to University Interscholastic League sponsored activities; |
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9 | 9 | | authorizing a fee. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Subchapter D, Chapter 33, Education Code, is |
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12 | 12 | | amended by adding Section 33.0832 to read as follows: |
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13 | 13 | | Sec. 33.0832. EQUAL OPPORTUNITY FOR HOME-SCHOOLED STUDENTS |
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14 | 14 | | TO PARTICIPATE IN UNIVERSITY INTERSCHOLASTIC LEAGUE ACTIVITIES. |
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15 | 15 | | (a) In this section, "home-schooled student" has the meaning |
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16 | 16 | | assigned by Section 29.916. |
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17 | 17 | | (b) Except as provided by Subsection (g), a public school |
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18 | 18 | | that participates in an activity sponsored by the University |
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19 | 19 | | Interscholastic League shall provide a home-schooled student, who |
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20 | 20 | | otherwise meets league eligibility standards to represent that |
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21 | 21 | | school in a league activity, with the opportunity to participate in |
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22 | 22 | | the activity on behalf of the school in the same manner that the |
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23 | 23 | | school provides the opportunity to participate to students enrolled |
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24 | 24 | | in the school. |
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25 | 25 | | (c) A home-schooled student who seeks to participate or |
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26 | 26 | | participates in a league activity on behalf of a school is subject |
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27 | 27 | | to the following relevant policies that apply to students enrolled |
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28 | 28 | | in the school: policies regarding registration, age eligibility, |
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29 | 29 | | fees, insurance, transportation, physical condition, |
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30 | 30 | | qualifications, responsibilities, event schedules, standards of |
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31 | 31 | | behavior, and performance. |
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32 | 32 | | (d) The parent or person standing in parental relation to a |
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33 | 33 | | home-schooled student is responsible for oversight of academic |
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34 | 34 | | standards relating to the student's participation in a league |
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35 | 35 | | activity. As a condition of eligibility to participate in a league |
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36 | 36 | | activity during the first six weeks of a school year, a |
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37 | 37 | | home-schooled student must demonstrate grade-level academic |
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38 | 38 | | proficiency on any nationally recognized, norm-referenced |
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39 | 39 | | assessment instrument, such as the Iowa Test of Basic Skills, |
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40 | 40 | | Stanford Achievement Test, California Achievement Test, or |
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41 | 41 | | Comprehensive Test of Basic Skills. A home-schooled student |
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42 | 42 | | demonstrates the required academic proficiency by achieving a |
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43 | 43 | | composite, core, or survey score that is within the average or |
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44 | 44 | | higher than average range of scores, as established by the |
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45 | 45 | | applicable testing service. For purposes of this subsection, a |
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46 | 46 | | school district shall accept assessment results administered or |
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47 | 47 | | reported by a third party. |
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48 | 48 | | (e) A home-schooled student's demonstration of academic |
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49 | 49 | | proficiency under Subsection (d) is sufficient for purposes of that |
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50 | 50 | | subsection for the school year in which the student achieves the |
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51 | 51 | | required score and the subsequent school year. |
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52 | 52 | | (f) After the first six weeks of a school year, the parent or |
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53 | 53 | | person standing in parental relation to a home-schooled student |
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54 | 54 | | participating in a league activity on behalf of a public school must |
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55 | 55 | | periodically, in accordance with the school's grading calendar, |
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56 | 56 | | provide written verification to the school indicating that the |
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57 | 57 | | student is receiving a passing grade in each course or subject being |
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58 | 58 | | taught. |
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59 | 59 | | (g) A home-schooled student is not authorized by this |
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60 | 60 | | section to participate in a league activity during the remainder of |
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61 | 61 | | any school year during which the student was previously enrolled in |
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62 | 62 | | a public school. |
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63 | 63 | | (h) The University Interscholastic League may not prohibit |
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64 | 64 | | a home-schooled student from participating in league activities in |
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65 | 65 | | the manner authorized by this section. |
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66 | 66 | | (i) With respect to a home-schooled student's education |
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67 | 67 | | program, nothing in this section shall be construed to permit an |
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68 | 68 | | agency of this state, a public school district, or any other |
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69 | 69 | | governmental body to exercise control, regulatory authority, or |
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70 | 70 | | supervision over a home-schooled student or a parent or person |
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71 | 71 | | standing in parental relation to a home-schooled student beyond the |
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72 | 72 | | control, regulatory authority, or supervision required to |
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73 | 73 | | participate in a league activity. |
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74 | 74 | | (j) Subject only to eligibility requirements under this |
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75 | 75 | | section for a home-schooled student to participate in a league |
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76 | 76 | | activity: |
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77 | 77 | | (1) the curriculum or assessment requirements, |
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78 | 78 | | performance standards, practices, or creed of the education program |
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79 | 79 | | provided to a home-schooled student may not be required to be |
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80 | 80 | | changed in order for the home-schooled student to participate in a |
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81 | 81 | | league activity; and |
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82 | 82 | | (2) for a home-schooled student participating in an |
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83 | 83 | | education program on January 1, 2019, the education program |
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84 | 84 | | provided to that student may not be required to comply with any |
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85 | 85 | | state law or agency rule relating to that education program unless |
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86 | 86 | | the law or rule was in effect on January 1, 2019. |
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87 | 87 | | SECTION 2. This Act applies beginning with the 2019-2020 |
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88 | 88 | | school year. |
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89 | 89 | | SECTION 3. This Act takes effect immediately if it receives |
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90 | 90 | | a vote of two-thirds of all the members elected to each house, as |
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91 | 91 | | provided by Section 39, Article III, Texas Constitution. If this |
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92 | 92 | | Act does not receive the vote necessary for immediate effect, this |
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93 | 93 | | Act takes effect September 1, 2019. |
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