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.