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.