Floor Packet Page No. 227
      Amend CSSB 4 by adding the following new SECTIONS,
appropriately numbered, and by renumbering subsequent SECTIONS of
the bill accordingly:
      SECTION ____.  Subchapter D, Chapter 33, Education Code, is
amended by adding Section 33.086 to read as follows:
      Sec. 33.086.  PARTICIPATION IN UNIVERSITY INTERSCHOLASTIC
LEAGUE ACTIVITIES.  (a)  The University Interscholastic League may
not deny a school described by Subsection (f) or its students the
opportunity to participate in an activity sponsored by the league
or the opportunity to become a member of an appropriate league
district because the school is a private school.
      (b)  This section does not exempt a private school or its
students from satisfying each eligibility requirement imposed by
this subchapter or the league for participating in an activity or
league district sponsored by the league.
      (c)  A private school seeking to participate in a league
activity or to become a member of a league district shall make
application to the league on a signed form prescribed by the
league.  The private school shall certify its eligibility under
this subchapter and league rules in the application and shall
attach proof of accreditation.  The league may not impose
eligibility requirements for private schools that exceed the
requirements of this subchapter or league rules for public schools
or require proof of eligibility that exceeds the proof required of
public schools.  On approval of an application, the league shall
issue a certificate of approval to the applicant school.  The
application and certificate of approval are governmental records
for purposes of Section 37.10, Penal Code.
      (d)  To determine the appropriate league district in which a
private school will participate, the league must multiply the
private school's enrollment by two and place the private school in
an appropriate league district based on that enrollment figure,
provided that the private school is placed in a league district not
lower than the 3A level.
      (e)  For purposes of determining the eligibility of a student
to participate in a league activity, a private school may draw
students only from the same area as the public school district in
which the private school is located.
      (f)  To be eligible under this section, a private school
must:
            (1)  be accredited by an accrediting organization
recognized by the Texas Education Agency;
            (2)  offer a four-year high school curriculum;
            (3)  offer interscholastic competition;
            (4)  require daily student attendance at a specific
location;
            (5)  have a single sex student enrollment; and
            (6)  have an enrollment of not less than 500 students.
      SECTION ____.  Section 39.033, Education Code, is amended to
read as follows:
      Sec. 39.033.  <VOLUNTARY> ASSESSMENT OF PRIVATE SCHOOL
STUDENTS.  (a)  A private school that participates in a University
Interscholastic League activity or that is a member of a league
district under Section 33.086 must administer an assessment
instrument adopted under this subchapter to students at the school.
Under an agreement with the agency, a private school that does not
participate in a league activity and is not a member of a league
district under Section 33.086 may administer an assessment
instrument adopted under this subchapter to students at the school.
      (b)  A <An agreement under this section must require the>
private school that administers an assessment instrument under this
section must <to> provide to the commissioner the information
described by Section 39.051(b) and <to> maintain confidentiality in
compliance with Section 39.030.
      (c)  The agency shall aggregate the information described by
Section 39.051(b) that relates to students enrolled in a private
school separately from the information that relates to other
students.
      (d)  A private school must reimburse the agency for the cost
of administering an assessment instrument under this section.  The
State Board of Education shall determine the cost under this
section.  The per-student cost may not exceed the cost of
administering the same assessment to a student enrolled in a public
school district.
      (e) <(d)>  In this section, "private school" means a school
that:
            (1)  offers a general education to elementary or
secondary students; and
            (2)  is not operated by a governmental entity.