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.