SRC-HRD S.B. 100 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 100
By: Patterson
Education
1-27-97
As Filed


DIGEST 

Currently, Texas law does not provide for the participation of children
enrolled in private school or in home school in University Interscholastic
League (UIL) events.  These events include scholastic, artistic, and
athletic events.  S.B. 100 sets forth specific guidelines to allow for the
participation of home school students in UIL activities and provides
additional funding to support home school student involvement in these
activities.  This bill also establishes penalties for violation of the
rules and guidelines set forth in the bill. 

PURPOSE

As proposed, S.B. 100 sets forth specific guidelines regarding the
participation of a home school student in an activity sponsored by the
University Interscholastic League. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the State Board of Education under
SECTION 1 (Sec. 33.086(d), Education Code), of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 33D, Education Code, by adding Section 33.086,
as follows: 

Sec. 33.086.  INTERSCHOLASTIC LEAGUE PARTICIPATION BY HOME SCHOOL
STUDENTS.  Provides that each home school student entitled to attend
school under Section 25.001(a) is entitled to participate in an activity
sponsored by the University Interscholastic League on behalf of the school
district the student is eligible to attend, if the board of trustees of
that school district adopts a policy authorizing home school students to
participate in league-sponsored activities.   

(b) Provides that home school students are not exempt from satisfying, as
provided by league rule, each eligibility requirement for participating in
a league-sponsored activity other than class attendance requirements.   

(c)  Requires the home school instructor to provide to the principal of
the school to which the student is assigned for participation in
extracurricular activities an affidavit affirming that the student is
meeting certain specified academic requirements.   

(d)  Provides that for each home school student who participates in one or
more leaguesponsored activities under this section, the school district is
entitled to receive $300 from the foundation school fund for each school
year.  Authorizes the State Board of Education to adopt rules requiring a
home school student to participate in a league-sponsored activity for a
minimum period to qualify the school district for payment under this
subsection, or prorating the amount paid to a school district if a home
school student fails to complete at least one league-sponsored activity
during the school year. 

(e)  Authorizes the commissioner of education (commissioner) to impose on
the league an administrative penalty after providing the league with the
opportunity for  a hearing, if the league fails to allow a student
entitled and eligible to participate under Subsections (a) and  (b).
Provides that the imposition of a penalty under this subsection is
considered to be a contested case under Chapter 2001, Government Code.
Authorizes the commissioner to designate a hearing examiner to conduct a
hearing under this subsection and to make a recommendation to the
commissioner.   

(f)  Sets forth the minimum and maximum administrative penalties.

(g)  Sets forth the guidelines to be used in assessing administrative
penalties. 

(h)  Requires a penalty collected under this section to be deposited in
the state treasury to the credit of the foundation school fund. 

SECTION 2.  Provides that this Act applies beginning with the 1997-1998
school year. 

SECTION 3.  Emergency clause.
            Effective date: upon passage.