87R16608 JES-F
By: Frank, Dutton, Huberty, H.B. No. 547
González of El Paso, Burrows, et al.
Substitute the following for H.B. No. 547:
By: Dutton C.S.H.B. No. 547
A BILL TO BE ENTITLED
AN ACT
relating to authorizing 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 33.0832 to read as follows:
Sec. 33.0832. 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 may 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
participates in a league activity on behalf of a school is subject
to the following relevant policies that apply to students enrolled
in the school: policies regarding registration, age eligibility,
fees, insurance, transportation, physical condition,
qualifications, responsibilities, event schedules, standards of
behavior, and performance.
(d) The parent or person standing in parental relation to 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, such as the Iowa Test of Basic Skills,
Stanford Achievement Test, California Achievement Test, or
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
person standing in parental relation to 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) With respect to a home-schooled student's education
program, nothing in this section shall be construed to permit an
agency of this state, a public school district, or any other
governmental body to exercise control, regulatory authority, or
supervision over a home-schooled student or a parent or person
standing in parental relation to a home-schooled student beyond the
control, regulatory authority, or supervision required to
participate in a league activity.
(j) Subject only to eligibility requirements under this
section for a home-schooled student to participate in a league
activity:
(1) the curriculum or assessment requirements,
performance standards, practices, or creed of the education program
provided to a home-schooled student may not be required to be
changed in order for the home-schooled student to participate in a
league activity; and
(2) for a home-schooled student participating in an
education program on January 1, 2021, the education program
provided to that student may not be required to comply with any
state law or agency rule relating to that education program unless
the law or rule was in effect on January 1, 2021.
SECTION 2. This Act applies beginning with the 2021-2022
school year.
SECTION 3. 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, 2021.