76R13989 BDH-F
By Coleman, Pickett, Hodge, et al. H.B. No. 1026
Substitute the following for H.B. No. 1026:
By Dutton C.S.H.B. No. 1026
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to participation by private school students in University
1-3 Interscholastic League sponsored activities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Chapter 33, Education Code, is
1-6 amended by adding Section 33.086 to read as follows:
1-7 Sec. 33.086. PARTICIPATION IN UNIVERSITY INTERSCHOLASTIC
1-8 LEAGUE ACTIVITIES. (a) The University Interscholastic League may
1-9 not deny a school or its students the opportunity to participate in
1-10 an activity sponsored by the league or the opportunity to become a
1-11 member of an appropriate league district because the school is a
1-12 private school.
1-13 (b) This section does not exempt a private school or its
1-14 students from satisfying each eligibility requirement imposed by
1-15 this subchapter or the league for participating in an activity or
1-16 league district sponsored by the league.
1-17 (c) A private school seeking to participate in a league
1-18 activity or to become a member of a league district shall make
1-19 application to the league on a signed form prescribed by the
1-20 league. The private school shall certify its eligibility under
1-21 this subchapter and league rules in the application and shall
1-22 attach proof of accreditation. The league may not impose
1-23 eligibility requirements for private schools that exceed the
1-24 requirements of this subchapter or league rules for public schools
2-1 or require proof of eligibility that exceeds the proof required of
2-2 public schools. On approval of an application, the league shall
2-3 issue a certificate of approval to the applicant school. The
2-4 application and certificate of approval are governmental records
2-5 for purposes of Section 37.10, Penal Code.
2-6 (d) To determine the appropriate league district in which an
2-7 eligible private school will participate, the league must multiply
2-8 the private school's enrollment by two and place the private school
2-9 in an appropriate league district based on that enrollment figure,
2-10 provided that the private school is placed in a league district not
2-11 lower than the 3A level.
2-12 (e) For purposes of determining the eligibility of a student
2-13 to participate in a league activity, an eligible private school may
2-14 draw students only from the same area as the public school district
2-15 in which the private school is located.
2-16 (f) To be eligible under this section, a private school
2-17 must:
2-18 (1) be accredited by an accrediting organization
2-19 recognized by the Texas Education Agency;
2-20 (2) offer a four-year high school curriculum;
2-21 (3) offer interscholastic competition;
2-22 (4) require daily student attendance at a specific
2-23 location;
2-24 (5) have a single sex student enrollment; and
2-25 (6) have an enrollment of not less than 500 students.
2-26 SECTION 2. Section 39.033, Education Code, is amended to
2-27 read as follows:
3-1 Sec. 39.033. [VOLUNTARY] ASSESSMENT OF PRIVATE SCHOOL
3-2 STUDENTS. (a) A private school that participates in a University
3-3 Interscholastic League activity or that is a member of a league
3-4 district under Section 33.086 must administer an assessment
3-5 instrument adopted under this subchapter to students at the school.
3-6 Under an agreement with the agency, a private school that does not
3-7 participate in a league activity and is not a member of a league
3-8 district under Section 33.086 may administer an assessment
3-9 instrument adopted under this subchapter to students at the school.
3-10 (b) A [An agreement under this section must require the]
3-11 private school that administers an assessment instrument under this
3-12 section must [to] provide to the commissioner the information
3-13 described by Section 39.051(b) and [to] maintain confidentiality in
3-14 compliance with Section 39.030.
3-15 (c) The agency shall aggregate the information described by
3-16 Section 39.051(b) that relates to students enrolled in a private
3-17 school separately from the information that relates to other
3-18 students.
3-19 (d) A private school must reimburse the agency for the cost
3-20 of administering an assessment instrument under this section. The
3-21 State Board of Education shall determine the cost under this
3-22 section. The per-student cost may not exceed the cost of
3-23 administering the same assessment to a student enrolled in a public
3-24 school district.
3-25 (e) [(d)] In this section, "private school" means a school
3-26 that:
3-27 (1) offers a general education to elementary or
4-1 secondary students; and
4-2 (2) is not operated by a governmental entity.
4-3 SECTION 3. This Act applies beginning with the 1999-2000
4-4 school year.
4-5 SECTION 4. The importance of this legislation and the
4-6 crowded condition of the calendars in both houses create an
4-7 emergency and an imperative public necessity that the
4-8 constitutional rule requiring bills to be read on three several
4-9 days in each house be suspended, and this rule is hereby suspended,
4-10 and that this Act take effect and be in force from and after its
4-11 passage, and it is so enacted.