By: Frank, et al. (Senate Sponsor - Paxton) H.B. No. 547
(In the Senate - Received from the House May 13, 2021;
May 14, 2021, read first time and referred to Committee on
Education; May 19, 2021, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 3;
May 19, 2021, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 547 By: Paxton
A BILL TO BE ENTITLED
AN ACT
relating to authorizing equal opportunity for access by
non-enrolled 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 CERTAIN STUDENTS TO
PARTICIPATE IN UNIVERSITY INTERSCHOLASTIC LEAGUE ACTIVITIES. (a)
In this section:
(1) "League" means the University Interscholastic
League.
(2) "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 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:
(1) registration for league activities;
(2) age eligibility;
(3) fees;
(4) insurance;
(5) transportation;
(6) physical condition;
(7) qualifications;
(8) responsibilities;
(9) event schedules;
(10) standards of behavior; and
(11) 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, 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 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.
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.
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