HBA-MPM H.B. 386 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 386
By: Nixon, Joe
Public Education
4/2/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, Texas does not permit open competition between a private and a
public school through the University Interscholastic League (UIL).  This
can create travel risks for private school students who must travel long
distances to compete in extracurricular activities with other private
schools, although there may be numerous public schools in their immediate
vicinity.  Most states allow open competition between private and public
schools under rules similar to UIL in Texas.  House Bill 386 prohibits UIL
from denying eligible private schools and their students from participation
in a UIL-sponsored activity.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 386 amends the Education Code to prohibit the University
Interscholastic League (UIL) from denying a school or its students
participation in a UIL-sponsored activity or the opportunity to become a
member of an appropriate UIL district because it is a private school.  A
private school and its students are not exempt from UIL eligibility
requirements imposed by state law or the UIL. 

The bill requires a private school applying to participate in a UIL
activity or to become a UIL member to use a UIL-prescribed form, certify
the school's eligibility in the application, and attach proof of
accreditation.  UIL is prohibited from imposing eligibility requirements or
rules on a private school that exceed those imposed on a public school, nor
may UIL require proof of eligibility that exceeds that required by a public
school.  The bill requires UIL to issue a certificate of approval to an
applicant private school on approval of its application.  The bill provides
that the application and certificate of approval of the private school are
governmental records. 

The bill sets forth a method by which an eligible private school's UIL
district is determined and provides that the school is placed in a UIL
district no lower than the 3A level. The private school is authorized to
draw students only from the same area as the public school district in
which the private school is located for purposes of determining a student's
eligibility to participate in UIL activities. 

To be eligible for participation in UIL, a private school must:


_be accredited by an organization recognized by the Texas Education Agency
(TEA); 

_offer a four-year high school curriculum;

_offer interscholastic competition;

_require daily student attendance at a specific location; 
 
_limit enrollment to students of a single sex; and

_have an enrollment of no less than 500.

The bill provides that a private school that participates in a UIL activity
or which is a member of a UIL district must administer an instrument to
assess a student's academic skills.  The bill requires TEA to aggregate
information regarding performance on academic excellence indicators by
private school students separately from other students. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. The Act applies beginning with the
2001-2002 school year.