1-1     By:  Armbrister                                        S.B. No. 266
 1-2           (In the Senate - Filed January 25, 1999; January 28, 1999,
 1-3     read first time and referred to Committee on Education;
 1-4     April 30, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 6, Nays 0; April 30, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 266                By:  Zaffirini
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to participation by private school students in University
1-11     Interscholastic League sponsored activities.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subchapter D, Chapter 33, Education Code, is
1-14     amended by adding Section 33.086 to read as follows:
1-15           Sec. 33.086.  PARTICIPATION IN UNIVERSITY INTERSCHOLASTIC
1-16     LEAGUE ACTIVITIES.  (a)  The University Interscholastic League may
1-17     not deny a school or its students the opportunity to participate in
1-18     an activity sponsored by the league or the opportunity to become a
1-19     member of an appropriate league district because the school is a
1-20     private school.
1-21           (b)  This section does not exempt a private school or its
1-22     students from satisfying each eligibility requirement imposed by
1-23     this subchapter or the league for participating in an activity or
1-24     league district sponsored by the league.
1-25           (c)  A private school seeking to participate in a league
1-26     activity or to become a member of a league district shall make
1-27     application to the league on a signed form prescribed by the
1-28     league.  The private school shall certify its eligibility under
1-29     this subchapter and league rules in the application and shall
1-30     attach proof of accreditation.  The league may not impose
1-31     eligibility requirements for private schools that exceed the
1-32     requirements of this subchapter or league rules for public schools
1-33     or require proof of eligibility that exceeds the proof required of
1-34     public schools.  On approval of an application, the league shall
1-35     issue a certificate of approval to the applicant school.  The
1-36     application and certificate of approval are governmental records
1-37     for purposes of Section 37.10, Penal Code.
1-38           (d)  To determine the appropriate league district in which an
1-39     eligible private school will participate, the league must multiply
1-40     the private school's enrollment by two and place the private school
1-41     in an appropriate league district based on that enrollment figure,
1-42     provided that the private school is placed in a league district not
1-43     lower than the 3A level.
1-44           (e)  For purposes of determining the eligibility of a student
1-45     to participate in a league activity, an eligible private school may
1-46     draw students only from the same area as the public school district
1-47     in which the private school is located.
1-48           (f)  To be eligible under this section, a private school
1-49     must:
1-50                 (1)  be accredited by an accrediting organization
1-51     recognized by the Texas Education Agency;
1-52                 (2)  offer a four-year high school curriculum;
1-53                 (3)  offer interscholastic competition;
1-54                 (4)  require daily student attendance at a specific
1-55     location;
1-56                 (5)  have a single sex student enrollment; and
1-57                 (6)  have an enrollment of not less than 500 students.
1-58           SECTION 2.  Section 39.033, Education Code, is amended to
1-59     read as follows:
1-60           Sec. 39.033.  [VOLUNTARY] ASSESSMENT OF PRIVATE SCHOOL
1-61     STUDENTS.  (a)  A private school that participates in a University
1-62     Interscholastic League activity or that is a member of a league
1-63     district under Section 33.086 must administer an assessment
1-64     instrument adopted under this subchapter to students at the school.
 2-1     Under an agreement with the agency, a private school that does not
 2-2     participate in a league activity and is not a member of a league
 2-3     district under Section 33.086 may administer an assessment
 2-4     instrument adopted under this subchapter to students at the school.
 2-5           (b)  A [An agreement under this section must require the]
 2-6     private school that administers an assessment instrument under this
 2-7     section must [to] provide to the commissioner the information
 2-8     described by Section 39.051(b) and [to] maintain confidentiality in
 2-9     compliance with Section 39.030.
2-10           (c)  The agency shall aggregate the information described by
2-11     Section 39.051(b) that relates to students enrolled in a private
2-12     school separately from the information that relates to other
2-13     students.
2-14           (d)  A private school must reimburse the agency for the cost
2-15     of administering an assessment instrument under this section.  The
2-16     State Board of Education shall determine the cost under this
2-17     section.  The per-student cost may not exceed the cost of
2-18     administering the same assessment to a student enrolled in a public
2-19     school district.
2-20           (e) [(d)]  In this section, "private school" means a school
2-21     that:
2-22                 (1)  offers a general education to elementary or
2-23     secondary students; and
2-24                 (2)  is not operated by a governmental entity.
2-25           SECTION 3.  This Act applies beginning with the 1999-2000
2-26     school year.
2-27           SECTION 4.  The importance of this legislation and the
2-28     crowded condition of the calendars in both houses create an
2-29     emergency and an imperative public necessity that the
2-30     constitutional rule requiring bills to be read on three several
2-31     days in each house be suspended, and this rule is hereby suspended,
2-32     and that this Act take effect and be in force from and after its
2-33     passage, and it is so enacted.
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