By Patterson S.B. No. 100 75R1688 CAS-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to participation by home school students in University 1-3 Interscholastic League sponsored activities; providing an 1-4 administrative penalty. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter D, Chapter 33, Education Code, is 1-7 amended by adding Section 33.086 to read as follows: 1-8 Sec. 33.086. INTERSCHOLASTIC LEAGUE PARTICIPATION BY HOME 1-9 SCHOOL STUDENTS. (a) Each home school student entitled to attend 1-10 school under Section 25.001(a) is entitled to participate in an 1-11 activity sponsored by the University Interscholastic League on 1-12 behalf of the school district the student is eligible to attend 1-13 under Section 25.001(b) if the board of trustees of that school 1-14 district adopts a policy authorizing home school students to 1-15 participate in league-sponsored activities. 1-16 (b) This section does not exempt a home school student from 1-17 satisfying, as provided by league rule, each eligibility 1-18 requirement for participating in a league-sponsored activity other 1-19 than class attendance requirements. 1-20 (c) The instructor of a home school student must provide to 1-21 the principal of the school to which the student is assigned for 1-22 participation in extracurricular activities, at the time grades 1-23 must be reported for students enrolled in the school, an affidavit 1-24 affirming that the student: 2-1 (1) is taking a number of grade-level courses 2-2 equivalent to the academic requirements for a full-time student at 2-3 the student's grade level enrolled in the school; and 2-4 (2) has grades for that reporting period that satisfy 2-5 grade requirements under Section 33.081 for participation in 2-6 extracurricular activities. 2-7 (d) For each home school student who participates in one or 2-8 more league-sponsored activities under this section, the school 2-9 district on whose behalf the student participates is entitled to 2-10 receive $300 from the foundation school fund for each school year 2-11 during which the student participates. The State Board of 2-12 Education may adopt rules: 2-13 (1) requiring a home school student to participate in 2-14 a league-sponsored activity for a minimum period to qualify the 2-15 school district for a payment under this subsection; or 2-16 (2) prorating the amount paid to a school district if 2-17 a home school student fails to complete at least one 2-18 league-sponsored activity during the school year. 2-19 (e) If the league fails to allow participation in a 2-20 league-sponsored activity by a student entitled to participate 2-21 under Subsection (a) and eligible to participate under Subsection 2-22 (b), the commissioner may impose on the league an administrative 2-23 penalty after providing the league with the opportunity for a 2-24 hearing. The imposition of a penalty under this subsection is 2-25 considered to be a contested case under Chapter 2001, Government 2-26 Code. The commissioner may designate a hearing examiner to conduct 2-27 a hearing under this subsection and to make a recommendation to the 3-1 commissioner. 3-2 (f) A penalty under Subsection (e) may not exceed $100 for 3-3 each day the student is denied the opportunity to participate in a 3-4 league-sponsored activity or exceed a total of $2,500. 3-5 (g) The amount of a penalty under this section shall be 3-6 based on: 3-7 (1) the seriousness of the violation, including the 3-8 nature, circumstances, extent, and gravity of the violation; 3-9 (2) the history of previous violations; 3-10 (3) the amount necessary to deter a future violation; 3-11 (4) efforts to correct the violation; and 3-12 (5) any other matter that justice may require. 3-13 (h) A penalty collected under this section shall be 3-14 deposited in the state treasury to the credit of the foundation 3-15 school fund. 3-16 SECTION 2. This Act applies beginning with the 1997-1998 3-17 school year. 3-18 SECTION 3. The importance of this legislation and the 3-19 crowded condition of the calendars in both houses create an 3-20 emergency and an imperative public necessity that the 3-21 constitutional rule requiring bills to be read on three several 3-22 days in each house be suspended, and this rule is hereby suspended, 3-23 and that this Act take effect and be in force from and after its 3-24 passage, and it is so enacted.