HBA-MPM, LCA H.B. 3573 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3573
By: Lewis, Ron
Public Education
7/20/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th legislature, the majority of University Interscholastic
League (UIL) rules and procedures were developed through input from school
district superintendents, school principals, or certain state-level
committees comprised of school officials. These rules and procedures were
then often approved on a ballot basis by superintendents.  H.B. 3573
requires the commissioner of education, rather than the State Board of
Education, to adopt  rules relating to extracurricular and UIL activities.
Additionally, H.B. 3573 allows the board of trustees of a school district
to adopt a policy regarding the number of times a student may be absent
from class to participate in an extracurricular activity. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the commissioner of education in
SECTION 1 (Section 7.102, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 7.102(c)(27), Education Code, to require the
commissioner of education (commissioner), rather than the State Board of
Education, to adopt rules relating to extracurricular activities under
Section 33.081 (Extracurricular Activities), Education Code, and approve or
disapprove, but not modify, University Interscholastic League (UIL) rules
and procedures under Section 33.083 (Interscholastic Leagues), Education
Code. 

SECTION 2.  Amends Section 33.081(c), Education Code, to clarify that the
suspension of a student from participation in certain extracurricular
activities or in a UIL competition, for receiving a grade lower than 70
percent in certain specified classes, continues for three school weeks,
rather than three weeks.  

SECTION 3.  Amends Subchapter D, Chapter 33, Education Code, by adding
Section 33.0811, as follows: 

Sec. 33.0811.  SCHOOL DISTRICT POLICY ON ABSENCES TO PARTICIPATE IN
EXTRACURRICULAR ACTIVITIES.  (a)  Authorizes the board of trustees of a
school district (board), notwithstanding Section 33.081(a), to adopt a
policy establishing the number of times a student who is otherwise eligible
to participate in an extracurricular activity under Section 33.081,
Education Code, is authorized to be absent from class to participate in
that activity, if it is sponsored or sanctioned by the district or UIL or
by an organization sanctioned by resolution of the board. 

(b) Provides that a policy adopted by the board under this section prevails
over a conflicting policy adopted under Section 33.081(a) and must permit a
student to be absent from class at least 10 times during the school year. 

SECTION 4.  Amends Section 33.083(b), Education Code, to make conforming
changes. 

SECTION 5.  Makes Sections 1, 2, and 4 of this Act applicable beginning
September 1, 1999. 

 SECTION 6.  Emergency clause.
Effective date:  upon passage.