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.