Texas 2025 - 89th Regular

Texas House Bill HB775 Compare Versions

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

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1	1	By: Frank H.B. No. 775
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the participation by non-enrolled students in
9	9	University Interscholastic League-sponsored activities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 33.0832, Education Code, is amended to
12	12	read as follows:
13	13	Sec. 33.0832. EQUAL OPPORTUNITY FOR CERTAIN STUDENTS TO
14	14	PARTICIPATE IN UNIVERSITY INTERSCHOLASTIC LEAGUE ACTIVITIES. (a)
15	15	In this section:
16	16	(1) "League" means the University Interscholastic
17	17	League.
18	18	(2) "Non-enrolled student" means a student who
19	19	receives instruction as described by Section 29.916(a)(1) from a
20	20	nonpublic school.
21	21	(b) Nothing in this section may be construed to affect the
22	22	holding in Texas Educ. Agency v. Leeper, 893 S.W.2d 432 (Tex. 1994),
23	23	classifying home schools as private schools. The legislature finds
24	24	that a home school is a private school for purposes of this section.
25	25	(c) Except as provided by Subsections (c-2) and (i), a
26	26	public school that participates in an activity sponsored by the
27	27	league shallmay provide a non-enrolled student, who otherwise meets
28	28	league eligibility standards to represent that school in a league
29	29	activity, with the opportunity to participate in the activity on
30	30	behalf of the school in the same manner that the school provides the
31	31	opportunity to participate to students enrolled in the school.
32	32	(c-1) When assigning league classification to a public
33	33	school based on student enrollment, the league must use the same
34	34	student enrollment calculation formula for a school that allows a
35	35	non-enrolled student to participate in a league activity as
36	36	provided by Subsection (c) as the formula used to determine the
37	37	student enrollment of a school that does not allow a non-enrolled
38	38	student to participate in the league activity.
39	39	(c-2) A board of trustees of a school district may decline
40	40	to grant non-enrolled students access to league activities at a
41	41	campus of the district or school by taking a record vote that
42	42	receives the support of a majority of the trustees.
43	43	(d) A non-enrolled student who seeks to participate or
44	44	participates in a league activity on behalf of a school is subject
45	45	to the following relevant policies that apply to students enrolled
46	46	in the school:
47	47	(1) registration for league activities;
48	48	(2) age eligibility;
49	49	(3) fees;
50	50	(4) insurance;
51	51	(5) transportation;
52	52	(6) physical condition;
53	53	(7) qualifications;
54	54	(8) responsibilities;
55	55	(9) event schedules;
56	56	(10) standards of behavior; and
57	57	(11) performance.
58	58	(e) Except as provided by (e-1), aA non-enrolled student may
59	59	only participate in a league activity for the school in the school
60	60	district that the student would be eligible to attend based on the
61	61	student's residential address. A non-enrolled student who seeks to
62	62	participate in a league activity on behalf of a school shall be
63	63	required to establish minimum proof of residency acceptable to the
64	64	district in the same manner as an applicant to attend a school in
65	65	the district under Section 25.001.
66	66	(e-1) If a school has declined to grant non-enrolled
67	67	students access to league activities as described in Subsection
68	68	(c-2), a non-enrolled student eligible to attend that school based
69	69	on their residential address may participate in a league activity
70	70	for the public school closest to their residential address that has
71	71	not declined to grant non-enrolled students access to league
72	72	activities as described by Subsection (c-2).
73	73	(f) The parent or person standing in parental relation to a
74	74	non-enrolled student is responsible for oversight of academic
75	75	standards relating to the student's participation in a league
76	76	activity. As a condition of eligibility to participate in a league
77	77	activity during the first six weeks of a school year, a non-enrolled
78	78	student must demonstrate grade-level academic proficiency on any
79	79	nationally recognized, norm-referenced assessment instrument, such
80	80	as the Iowa Test of Basic Skills, Stanford Achievement Test,
81	81	California Achievement Test, or Comprehensive Test of Basic Skills.
82	82	A non-enrolled student demonstrates the required academic
83	83	proficiency by achieving a composite, core, or survey score that is
84	84	within the average or higher than average range of scores, as
85	85	established by the applicable testing service. For purposes of 25
86	86	this subsection, a school district shall accept assessment results
87	87	administered or reported by a third party.
88	88	(g) A non-enrolled student's demonstration of academic
89	89	proficiency under Subsection (f) is sufficient for purposes of that
90	90	subsection for the school year in which the student achieves the
91	91	required score and the subsequent school year.
92	92	(h) After the first six weeks of a school year, the parent or
93	93	person standing in parental relation to a non-enrolled student
94	94	participating in a league activity on behalf of a public school must
95	95	periodically, in accordance with the school's grading calendar,
96	96	provide written verification to the school indicating that the
97	97	student is receiving a passing grade in each course or subject being
98	98	taught.
99	99	(i) A non-enrolled student is not authorized by this section
100	100	to participate in a league activity during the remainder of any
101	101	school year during which the student was previously enrolled in a
102	102	public school.
103	103	(j) The league may not prohibit a non-enrolled student from
104	104	participating in league activities in the manner authorized by this
105	105	section.
106	106	(k) With respect to a non-enrolled student's education
107	107	program, nothing in this section shall be construed to permit an
108	108	agency of this state, a public school district, or any other
109	109	governmental body to exercise control, regulatory authority, or
110	110	supervision over a non-enrolled student or a parent or person
111	111	standing in parental relation to a non-enrolled student beyond the
112	112	control, regulatory authority, or supervision required to
113	113	participate in a league activity.
114	114	(l) Subject only to eligibility requirements under this
115	115	section for a non-enrolled student to participate in a league
116	116	activity:
117	117	(1) the curriculum or assessment requirements,
118	118	performance standards, practices, or creed of the education program
119	119	provided to a non-enrolled student may not be required to be changed
120	120	in order for the non-enrolled student to participate in a league
121	121	activity; and
122	122	(2) for a non-enrolled student participating in an 26
123	123	education program on January 1, 2021, the education program
124	124	provided to that student may not be required to comply with any
125	125	state law or agency rule relating to that education program unless
126	126	the law or rule was in effect on January 1, 2021.
127	127	(m) Notwithstanding any other law, a non-enrolled student
128	128	who participates in a league activity under this section is subject
129	129	to the immunization requirements and exceptions of Section 38.001
130	130	in the same manner as a public school student.
131	131	SECTION 2. This Act applies beginning with the 2025-2026
132	132	school year.
133	133	SECTION 3. This Act takes effect immediately if it receives
134	134	a vote of two-thirds of all the members elected to each house, as
135	135	provided by Section 39, Article III, Texas Constitution. If this
136	136	Act does not receive the vote necessary for immediate effect, this
137	137	Act takes effect September 1, 2025.