| 1 | 1 | | 88R12673 PRL-D |
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| 2 | 2 | | By: Lopez of Cameron H.B. No. 4302 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the appeal of certain decisions concerning student |
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| 8 | 8 | | participation in extracurricular activities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 33.081, Education Code, is amended by |
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| 11 | 11 | | amending Subsection (g) and adding Subsection (g-1) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (g) An appeal to the commissioner is not a contested case |
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| 14 | 14 | | under Chapter 2001, Government Code, if the issues presented relate |
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| 15 | 15 | | to a student's eligibility to participate in extracurricular |
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| 16 | 16 | | activities, including issues related to the [student's grades, the |
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| 17 | 17 | | school district's grading policy as applied to the student's |
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| 18 | 18 | | eligibility, or the] student's eligibility based on conduct |
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| 19 | 19 | | described by Subsection (e-1). The commissioner may delegate the |
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| 20 | 20 | | matter for decision to a person the commissioner designates. The |
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| 21 | 21 | | decision of the commissioner or the commissioner's designee in a |
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| 22 | 22 | | matter governed by this subsection may not be appealed except on the |
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| 23 | 23 | | grounds that the decision is arbitrary or capricious. Evidence may |
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| 24 | 24 | | not be introduced on appeal other than the record of the evidence |
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| 25 | 25 | | before the commissioner. |
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| 26 | 26 | | (g-1) An appeal relating to a student's grades or the school |
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| 27 | 27 | | district's grading policy as applied to the student's eligibility |
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| 28 | 28 | | to participate in extracurricular activities shall be heard |
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| 29 | 29 | | exclusively by the University Interscholastic League. An appeal |
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| 30 | 30 | | under this subsection shall be conducted in the same manner and is |
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| 31 | 31 | | subject to the same limitations as an appeal to the commissioner |
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| 32 | 32 | | under Subsection (g). |
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| 33 | 33 | | SECTION 2. This Act applies beginning with the 2023-2024 |
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| 34 | 34 | | school year. |
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| 35 | 35 | | SECTION 3. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2023. |
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