Texas 2021 - 87th Regular

Texas Senate Bill SB491 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Paxton S.B. No. 491
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to authorizing equal opportunity for access by
7	7	home-schooled students to University Interscholastic League
8	8	sponsored activities; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter D, Chapter 33, Education Code, is
11	11	amended by adding Section 33.0832 to read as follows:
12	12	Sec. 33.0832. EQUAL OPPORTUNITY FOR HOME-SCHOOLED STUDENTS
13	13	TO PARTICIPATE IN UNIVERSITY INTERSCHOLASTIC LEAGUE ACTIVITIES.
14	14	(a) In this section, "home-schooled student" has the meaning
15	15	assigned by Section 29.916.
16	16	(b) Except as provided by Subsection (g), a public school
17	17	that participates in an activity sponsored by the University
18	18	Interscholastic League shall provide a home-schooled student, who
19	19	otherwise meets league eligibility standards to represent that
20	20	school in a league activity, with the opportunity to participate in
21	21	the activity on behalf of the school in the same manner that the
22	22	school provides the opportunity to participate to students enrolled
23	23	in the school.
24	24	(c) A home-schooled student who seeks to participate or
25	25	participates in a league activity on behalf of a school is subject
26	26	to the following relevant policies that apply to students enrolled
27	27	in the school: policies regarding registration, age eligibility,
28	28	fees, insurance, transportation, physical condition,
29	29	qualifications, responsibilities, event schedules, standards of
30	30	behavior, and performance.
31	31	(d) The parent or person standing in parental relation to a
32	32	home-schooled student is responsible for oversight of academic
33	33	standards relating to the student's participation in a league
34	34	activity. As a condition of eligibility to participate in a league
35	35	activity during the first six weeks of a school year, a
36	36	home-schooled student must demonstrate grade-level academic
37	37	proficiency on any nationally recognized, norm-referenced
38	38	assessment instrument, such as the Iowa Test of Basic Skills,
39	39	Stanford Achievement Test, California Achievement Test, or
40	40	Comprehensive Test of Basic Skills. A home-schooled student
41	41	demonstrates the required academic proficiency by achieving a
42	42	composite, core, or survey score that is within the average or
43	43	higher than average range of scores, as established by the
44	44	applicable testing service. For purposes of this subsection, a
45	45	school district shall accept assessment results administered or
46	46	reported by a third party.
47	47	(e) A home-schooled student's demonstration of academic
48	48	proficiency under Subsection (d) is sufficient for purposes of that
49	49	subsection for the school year in which the student achieves the
50	50	required score and the subsequent school year.
51	51	(f) After the first six weeks of a school year, the parent
52	52	or person standing in parental relation to a home-schooled student
53	53	participating in a league activity on behalf of a public school
54	54	must periodically, in accordance with the school's grading
55	55	calendar, provide written verification to the school indicating
56	56	that the student is receiving a passing grade in each course or
57	57	subject being taught.
58	58	(g) A home-schooled student is not authorized by this
59	59	section to participate in a league activity during the remainder of
60	60	any school year during which the student was previously enrolled in
61	61	a public school.
62	62	(h) The University Interscholastic League may not prohibit
63	63	a home-schooled student from participating in league activities in
64	64	the manner authorized by this section.
65	65	(i) With respect to a home-schooled student's education
66	66	program, nothing in this section shall be construed to permit an
67	67	agency of this state, a public school district, or any other
68	68	governmental body to exercise control, regulatory authority, or
69	69	supervision over a home-schooled student or a parent or person
70	70	standing in parental relation to a home-schooled student beyond the
71	71	control, regulatory authority, or supervision required to
72	72	participate in a league activity.
73	73	(j) Subject only to eligibility requirements under this
74	74	section for a home-schooled student to participate in a league
75	75	activity:
76	76	(1) the curriculum or assessment requirements,
77	77	performance standards, practices, or creed of the education program
78	78	provided to a home-schooled student may not be required to be
79	79	changed in order for the home-schooled student to participate in a
80	80	league activity; and
81	81	(2) for a home-schooled student participating in an
82	82	education program on January 1, 2021, the education program
83	83	provided to that student may not be required to comply with any
84	84	state law or agency rule relating to that education program unless
85	85	the law or rule was in effect on January 1, 2021.
86	86	SECTION 2. This Act applies beginning with the 2021-2022
87	87	school year.
88	88	SECTION 3. This Act takes effect immediately if it receives
89	89	a vote of two-thirds of all the members elected to each house, as
90	90	provided by Section 39, Article III, Texas Constitution. If this
91	91	Act does not receive the vote necessary for immediate effect, this
92	92	Act takes effect September 1, 2021.