88R12673 PRL-D
By: Lopez of Cameron H.B. No. 4302
A BILL TO BE ENTITLED
AN ACT
relating to the appeal of certain decisions concerning student
participation in extracurricular activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.081, Education Code, is amended by
amending Subsection (g) and adding Subsection (g-1) to read as
follows:
(g) An appeal to the commissioner is not a contested case
under Chapter 2001, Government Code, if the issues presented relate
to a student's eligibility to participate in extracurricular
activities, including issues related to the [student's grades, the
school district's grading policy as applied to the student's
eligibility, or the] student's eligibility based on conduct
described by Subsection (e-1). The commissioner may delegate the
matter for decision to a person the commissioner designates. The
decision of the commissioner or the commissioner's designee in a
matter governed by this subsection may not be appealed except on the
grounds that the decision is arbitrary or capricious. Evidence may
not be introduced on appeal other than the record of the evidence
before the commissioner.
(g-1) An appeal relating to a student's grades or the school
district's grading policy as applied to the student's eligibility
to participate in extracurricular activities shall be heard
exclusively by the University Interscholastic League. An appeal
under this subsection shall be conducted in the same manner and is
subject to the same limitations as an appeal to the commissioner
under Subsection (g).
SECTION 2. This Act applies beginning with the 2023-2024
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, 2023.