Texas 2021 - 87th Regular

Texas House Bill HB547 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 547
	1	+	By: Frank, et al. (Senate Sponsor - Paxton) H.B. No. 547
	2	+	(In the Senate - Received from the House May 13, 2021;
	3	+	May 14, 2021, read first time and referred to Committee on
	4	+	Education; May 19, 2021, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 8, Nays 3;
	6	+	May 19, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 547 By: Paxton
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to authorizing equal opportunity for access by
6	14		non-enrolled students to University Interscholastic League
7	15		sponsored activities; authorizing a fee.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Subchapter D, Chapter 33, Education Code, is
10	18		amended by adding Section 33.0832 to read as follows:
11	19		Sec. 33.0832. EQUAL OPPORTUNITY FOR CERTAIN STUDENTS TO
12	20		PARTICIPATE IN UNIVERSITY INTERSCHOLASTIC LEAGUE ACTIVITIES. (a)
13	21		In this section:
14	22		(1) "League" means the University Interscholastic
15	23		League.
16	24		(2) "Non-enrolled student" means a student who
17	25		receives instruction as described by Section 29.916(a)(1) from a
18	26		nonpublic school.
19	27		(b) Nothing in this section may be construed to affect the
20	28		holding in Texas Educ. Agency v. Leeper, 893 S.W.2d 432 (Tex. 1994),
21	29		classifying home schools as private schools. The legislature finds
22	30		that a home school is a private school for purposes of this section.
23	31		(c) Except as provided by Subsection (i), a public school
24	32		that participates in an activity sponsored by the league may
25	33		provide a non-enrolled student, who otherwise meets league
26	34		eligibility standards to represent that school in a league
27	35		activity, with the opportunity to participate in the activity on
28	36		behalf of the school in the same manner that the school provides the
29	37		opportunity to participate to students enrolled in the school.
30	38		(d) A non-enrolled student who seeks to participate or
31	39		participates in a league activity on behalf of a school is subject
32	40		to the following relevant policies that apply to students enrolled
33	41		in the school:
34	42		(1) registration for league activities;
35	43		(2) age eligibility;
36	44		(3) fees;
37	45		(4) insurance;
38	46		(5) transportation;
39	47		(6) physical condition;
40	48		(7) qualifications;
41	49		(8) responsibilities;
42	50		(9) event schedules;
43	51		(10) standards of behavior; and
44	52		(11) performance.
45	53		(e) A non-enrolled student may only participate in a league
46	54		activity for the school in the school district that the student
47	55		would be eligible to attend based on the student's residential
48	56		address. A non-enrolled student who seeks to participate in a
49	57		league activity on behalf of a school shall be required to establish
50	58		minimum proof of residency acceptable to the district in the same
51	59		manner as an applicant to attend a school in the district under
52	60		Section 25.001.
53	61		(f) The parent or person standing in parental relation to a
54	62		non-enrolled student is responsible for oversight of academic
55	63		standards relating to the student's participation in a league
56	64		activity. As a condition of eligibility to participate in a league
57	65		activity during the first six weeks of a school year, a non-enrolled
58	66		student must demonstrate grade-level academic proficiency on any
59	67		nationally recognized, norm-referenced assessment instrument, such
60	68		as the Iowa Test of Basic Skills, Stanford Achievement Test,
61	69		California Achievement Test, or Comprehensive Test of Basic Skills.
62	70		A non-enrolled student demonstrates the required academic
63	71		proficiency by achieving a composite, core, or survey score that is
64	72		within the average or higher than average range of scores, as
65	73		established by the applicable testing service. For purposes of
66	74		this subsection, a school district shall accept assessment results
67	75		administered or reported by a third party.
68	76		(g) A non-enrolled student's demonstration of academic
69	77		proficiency under Subsection (f) is sufficient for purposes of that
70	78		subsection for the school year in which the student achieves the
71	79		required score and the subsequent school year.
72	80		(h) After the first six weeks of a school year, the parent or
73	81		person standing in parental relation to a non-enrolled student
74	82		participating in a league activity on behalf of a public school must
75	83		periodically, in accordance with the school's grading calendar,
76	84		provide written verification to the school indicating that the
77	85		student is receiving a passing grade in each course or subject being
78	86		taught.
79	87		(i) A non-enrolled student is not authorized by this section
80	88		to participate in a league activity during the remainder of any
81	89		school year during which the student was previously enrolled in a
82	90		public school.
83	91		(j) The league may not prohibit a non-enrolled student from
84	92		participating in league activities in the manner authorized by this
85	93		section.
86	94		(k) With respect to a non-enrolled student's education
87	95		program, nothing in this section shall be construed to permit an
88	96		agency of this state, a public school district, or any other
89	97		governmental body to exercise control, regulatory authority, or
90	98		supervision over a non-enrolled student or a parent or person
91	99		standing in parental relation to a non-enrolled student beyond the
92	100		control, regulatory authority, or supervision required to
93	101		participate in a league activity.
94	102		(l) Subject only to eligibility requirements under this
95	103		section for a non-enrolled student to participate in a league
96	104		activity:
97	105		(1) the curriculum or assessment requirements,
98	106		performance standards, practices, or creed of the education program
99	107		provided to a non-enrolled student may not be required to be changed
100	108		in order for the non-enrolled student to participate in a league
101	109		activity; and
102	110		(2) for a non-enrolled student participating in an
103	111		education program on January 1, 2021, the education program
104	112		provided to that student may not be required to comply with any
105	113		state law or agency rule relating to that education program unless
106	114		the law or rule was in effect on January 1, 2021.
107	115		(m) Notwithstanding any other law, a non-enrolled student
108	116		who participates in a league activity under this section is subject
109	117		to the immunization requirements and exceptions of Section 38.001
110	118		in the same manner as a public school student.
111	119		SECTION 2. This Act applies beginning with the 2021-2022
112	120		school year.
113	121		SECTION 3. This Act takes effect immediately if it receives
114	122		a vote of two-thirds of all the members elected to each house, as
115	123		provided by Section 39, Article III, Texas Constitution. If this
116	124		Act does not receive the vote necessary for immediate effect, this
117	125		Act takes effect September 1, 2021.
118		-	______________________________ ______________________________
119		-	President of the Senate Speaker of the House
120		-	I certify that H.B. No. 547 was passed by the House on May 13,
121		-	2021, by the following vote: Yeas 80, Nays 64, 1 present, not
122		-	voting; and that the House concurred in Senate amendments to H.B.
123		-	No. 547 on May 28, 2021, by the following vote: Yeas 80, Nays 63, 1
124		-	present, not voting.
125		-	______________________________
126		-	Chief Clerk of the House
127		-	I certify that H.B. No. 547 was passed by the Senate, with
128		-	amendments, on May 22, 2021, by the following vote: Yeas 16, Nays
129		-	14.
130		-	______________________________
131		-	Secretary of the Senate
132		-	APPROVED: __________________
133		-	Date
134		-	__________________
135		-	Governor
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