By Saunders H.B. No. 2317
74R5174 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to grade reporting periods and the participation of
1-3 students in extracurricular activities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 21.722(a), Education Code, is amended to
1-6 read as follows:
1-7 (a) At least once every nine <six> weeks, a district must
1-8 give written notice to parents of students' grades in each class or
1-9 subject. The notice must provide for the signature of the parent
1-10 and must be returned to the district. If the notice is not
1-11 returned to the district, the district must mail notice to the
1-12 parent.
1-13 SECTION 2. Section 21.920, Education Code, is amended to
1-14 read as follows:
1-15 Sec. 21.920. Extracurricular Activities. (a) The State
1-16 Board of Education by rule shall limit participation in and
1-17 practice for extracurricular activities during the school day and
1-18 the school week. The rules shall, to the extent possible, preserve
1-19 the school day for academic activities without interruption for
1-20 extracurricular activities. In scheduling those activities and
1-21 practices, a district must comply with the rules of the board.
1-22 (b) A student enrolled in a school district in this state is
1-23 ineligible to participate in any extracurricular activity sponsored
1-24 or sanctioned by the school district during the first six weeks of
2-1 the school year unless the student:
2-2 (1) if enrolled in seventh, eighth, or ninth grade,
2-3 was promoted from the preceding grade at the end of the preceding
2-4 school year or summer term;
2-5 (2) if enrolled in the 10th grade, has at least five
2-6 credits toward state graduation requirements;
2-7 (3) if enrolled in the 11th grade, has at least:
2-8 (A) 10 credits toward state graduation
2-9 requirements; or
2-10 (B) five credits toward state graduation
2-11 requirements that were earned during the preceding 12 months; or
2-12 (4) if enrolled in the 12th grade, has at least:
2-13 (A) 15 credits toward state graduation
2-14 requirements; or
2-15 (B) five credits toward state graduation
2-16 requirements that were earned during the preceding 12 months.
2-17 (c) A student enrolled in a school district in this state
2-18 shall be suspended from participation in any extracurricular
2-19 activity sponsored or sanctioned by the school district for a
2-20 six-week <during the grade reporting> period after a grade
2-21 reporting period in which the student received a grade lower than
2-22 the equivalent of 70 on a scale of 100 in any academic class.
2-23 (d) A suspension under this section takes effect on the
2-24 fifth school day after the last school day of the grading period
2-25 during which the student receives a grade resulting in a
2-26 suspension.
2-27 (e) The campus principal may remove a suspension if:
3-1 (1) the grade resulting in the suspension is received
3-2 in an identified honors or advanced class;
3-3 (2) the student is passing each of the student's
3-4 academic classes for the preceding three weeks at the end of the
3-5 first nine weeks of a school year or any subsequent three-week
3-6 interval; or
3-7 (3) the grade resulting in suspension is received
3-8 during the final grading period of a semester and the student
3-9 receives a passing semester grade and credit for the class.
3-10 (f) For purposes of this section, a student is considered to
3-11 be passing a class if the student's average grade for the
3-12 applicable period is not less than the equivalent of 70 on a scale
3-13 of 100.
3-14 (g) The campus principal may, regardless of a student's
3-15 eligibility under this section, allow the student to participate
3-16 for not more than eight hours each week in group practices or
3-17 rehearsals related to an extracurricular activity that are held
3-18 outside of the school day under the supervision of an adult. <The
3-19 campus principal may remove this suspension if the class is an
3-20 identified honors or advanced class.>
3-21 (h) <(c)> Suspension of a student with a disability that
3-22 significantly interferes with the student's ability to meet regular
3-23 academic standards shall be based on the student's failure to meet
3-24 the requirements of the student's individual education plan. The
3-25 determination of whether a disability significantly interferes with
3-26 a student's ability to meet regular academic standards shall be
3-27 made by the student's admission, review, and dismissal committee.
4-1 For purposes of this subsection, "student with a disability" means
4-2 a student who is eligible for a district's special education
4-3 program under Section 21.503(b) of this code.
4-4 (i) <(d) Subsection (b) of this section applies beginning
4-5 with the spring semester, 1985.>
4-6 <(d)> A student may not be suspended under this section
4-7 during the period in which school is recessed for the summer or
4-8 during the initial grade reporting period of a regular school term
4-9 on the basis of grades received in the final grade reporting period
4-10 of the preceding regular school term.
4-11 (j) <(e)> An appeal to the commissioner of education is not
4-12 a contested case under Chapter 2001, Government Code, <the
4-13 Administrative Procedure and Texas Register Act (Article 6252-13a,
4-14 Vernon's Texas Civil Statutes)> if the issues presented relate to a
4-15 student's eligibility to participate in extracurricular activities,
4-16 including issues related to the student's grades or the school
4-17 district's grading policy as applied to the student's eligibility.
4-18 The commissioner may delegate the matter for decision to a person
4-19 or entity the commissioner designates. The decision of the
4-20 commissioner or the commissioner's designee in a matter governed by
4-21 this subsection may not be appealed except on the grounds that the
4-22 decision is arbitrary or capricious. Evidence may not be
4-23 introduced on appeal other than the record of the evidence before
4-24 the commissioner.
4-25 SECTION 3. Section 11.13(c), Education Code, is amended to
4-26 read as follows:
4-27 (c) Any person, county, or school district aggrieved by any
5-1 action of the Central Education Agency or decision of the
5-2 commissioner of education may appeal to a district court in Travis
5-3 County, Texas. Appeals shall be made by serving the commissioner
5-4 of education with citation issued and served in the manner provided
5-5 by law for civil suits. The petition shall state the action or
5-6 decision from which the appeal is taken. Upon trial the court
5-7 shall determine all issues of law and fact, except as provided by
5-8 Section 21.920(j) <21.920(e)> of this code.
5-9 SECTION 4. This Act applies beginning with the 1995-1996
5-10 school year.
5-11 SECTION 5. The importance of this legislation and the
5-12 crowded condition of the calendars in both houses create an
5-13 emergency and an imperative public necessity that the
5-14 constitutional rule requiring bills to be read on three several
5-15 days in each house be suspended, and this rule is hereby suspended,
5-16 and that this Act take effect and be in force from and after its
5-17 passage, and it is so enacted.