By: Frank, Dutton, Huberty, H.B. No. 547
González of El Paso, Burrows, et al.
A BILL TO BE ENTITLED
AN ACT
relating to authorizing equal opportunity for access by certain
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 Sections 33.0832 and 33.08321 to read as follows:
Sec. 33.0832. EQUAL OPPORTUNITY FOR CERTAIN STUDENTS TO
PARTICIPATE IN UNIVERSITY INTERSCHOLASTIC LEAGUE ACTIVITIES. (a)
In this section, "non-enrolled student" means a student who
receives instruction as described by Section 29.916(a)(1) from a
nonpublic school.
(b) Nothing in this section may be construed to affect the
holding in Texas Educ. Agency v. Leeper, 893 S.W.2d 432 (Tex. 1994),
classifying home schools as private schools. The legislature finds
that a home school is a private school for purposes of this section.
(c) Except as provided by Subsection (i), a public school
that participates in an activity sponsored by the University
Interscholastic League may provide a non-enrolled 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.
(d) A non-enrolled 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.
(e) A non-enrolled student may only participate in a league
activity for the school in the school district that the student
would be eligible to attend based on the student's residential
address. A non-enrolled student who seeks to participate in a
league activity on behalf of a school shall be required to establish
minimum proof of residency acceptable to the district in the same
manner as an applicant to attend a school in the district under
Section 25.001.
(f) The parent or person standing in parental relation to a
non-enrolled 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 non-enrolled
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 non-enrolled 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.
(g) A non-enrolled student's demonstration of academic
proficiency under Subsection (f) is sufficient for purposes of that
subsection for the school year in which the student achieves the
required score and the subsequent school year.
(h) After the first six weeks of a school year or beginning
at an earlier time on request by the coach of the activity, the
parent or person standing in parental relation to a non-enrolled
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.
(i) A non-enrolled 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.
(j) The University Interscholastic League may not prohibit
a non-enrolled student from participating in league activities in
the manner authorized by this section.
(k) With respect to a non-enrolled 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 non-enrolled student or a parent or person
standing in parental relation to a non-enrolled student beyond the
control, regulatory authority, or supervision required to
participate in a league activity.
(l) Subject only to eligibility requirements under this
section for a non-enrolled 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 non-enrolled student may not be required to be changed
in order for the non-enrolled student to participate in a league
activity; and
(2) for a non-enrolled 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.
(m) Notwithstanding any other law, a non-enrolled student
who participates in a league activity under this section is subject
to the immunization requirements and exceptions of Section 38.001
in the same manner as a public school student.
Sec. 33.08321. ACCESS TO UNIVERSITY INTERSCHOLASTIC LEAGUE
SPONSORED ACTIVITIES FOR STUDENTS UNDER SUPERVISION OF TEXAS
JUVENILE JUSTICE DEPARTMENT. (a) The University Interscholastic
League shall provide students receiving educational services under
the supervision of the Texas Juvenile Justice Department with the
opportunity to participate in activities sponsored by the league in
the same manner that the league provides the opportunity to
participate to students enrolled in public schools.
(b) The University Interscholastic League shall enter into
a memorandum of understanding with the Texas Juvenile Justice
Department regarding the policies governing:
(1) the conditions of eligibility for students under
the supervision of the department in activities sponsored by the
league, including:
(A) age of students eligible to participate;
(B) academic performance requirements for
students; and
(C) standards of behavior for students;
(2) the appropriate league in which students under the
supervision of the department will participate; and
(3) the duties of the department regarding other
policies of the league, including fees, insurance, and
transportation.
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.