SRC-ARR C.S.S.B. 266 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 266
76R13989 BDH-FBy: Armbrister
Education
4/29/1999
Committee Report (Substituted)


DIGEST 

Currently, Texas law does not authorize participation by private school
students in University Interscholastic League (league) sponsored
activities. The current system creates unnecessary travel risks. Private
school students must travel hundreds of miles by bus or van to compete in
extracurricular activities when there are numerous schools considerably
closer with whom they are not eligible to compete. Certain private schools
have petitioned  the league repeatedly to join, but in every case the
petition has been either denied or sent for further study. C.S.S.B. 266
authorizes the league to develop rules to allow private schools to
participate in league activities. 

PURPOSE

As proposed, C.S.S.B. 266 authorizes participation by private school
students in University Interscholastic League sponsored activities. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 33D, Education Code, by adding Section 33.086, as
follows: 

Sec.33.086. PARTICIPATION IN UNIVERSITY INTERSCHOLASTIC LEAGUE ACTIVITIES.
Prohibits the University Interscholastic League (league) from denying a
school or its students the opportunity to participate in an activity
sponsored by the league or the opportunity to become  a member of a league
district because the school is a private school. Provides that 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.
Requires a private school seeking to participate in a league activity or to
become a member of a league district to make application to the league on a
signed form prescribed by the league. Requires the private school to
certify its eligibility under this subchapter and league rules in the
application and to attach proof of accreditation.  Prohibits the league
from imposing 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. Requires the league to issue a certification of approval to the
applicant school, on approval of the application. Provides that the
application and certificate of approval are governmental records for
purposes of Section 37.10, Penal Code. Requires the league to multiply the
private school's enrollment by two and place the private school in an
appropriate league district based on that enrollment figure, to determine
the appropriate league district in which an eligible private school will
participate, provided that the private school is placed in a league
district not lower than the 3A level. Authorizes an eligible private school
to draw students only from the same area as the public school district in
which the private school is located, for purposes of determining the
eligibility of a student to participate in a league activity. Sets forth
certain criteria for eligibility under this section. 

SECTION 2. Amends Section 39.003, Education Code, as follows: 

 Sec. 39.033. New heading: ASSESSMENT OF PRIVATE SCHOOL STUDENTS. Requires
a private school that participates in a league activity or that is a member
of a league district under Section 33.086 to administer an assessment
instrument adopted under this subchapter to students at the school.
Authorizes a private school that does not participate in a league activity
and is not a member of a league district under Section 33.086 to administer
an assessment instrument adopted under this subchapter to students at the
school, under an agreement with the agency. Requires a private school that
administers an assessment instrument under this section to provide to the
commissioner certain information. Requires the agency to 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. Makes conforming changes.   

SECTION 2. Provides that this Act applies beginning with the 1999-2000
school year. 

SECTION 3. Emergency clause.
                      Effective date: upon passage.

SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Amends Section 33.086, Education Code, to require the league to multiply
the private school's enrollment by two and place the private school in an
appropriate league district based on that enrollment figure, to determine
the appropriate league district in which an eligible private school will
participate, provided that the private school is placed in a league
district not lower than the 3A level. Authorizes an eligible private school
to draw students only from the same area as the public school district in
which the private school is located, for purposes of determining the
eligibility of a student to participate in a league activity. Sets forth
certain criteria for eligibility under this section, including having
certain enrollments. 

SECTION 2. 

Adds new SECTION 2 by amending Section. 39.003, Education Code, to provide
a new heading. Sets forth requirements for assessments of private school
students.  

 Redesignates existing SECTIONS accordingly.