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.
2-34 * * * * *