SRC-CTC S.B. 524 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 524
77R4623 BDH-FBy: Armbrister
Education
2/28/2001
As Filed


DIGEST AND PURPOSE 

Currently, Texas law does not authorize participation by private school
students in University Interscholastic League (league) sponsored
activities.  The current system creates unnecessary travel risks.  Private
school students must travel hundreds of miles by bus or van to compete in
extracurricular activities when there are numerous public schools
considerably closer with whom they are not eligible to compete.  Certain
private schools have petitioned the league repeatedly to join, but in every
case, the petition has been either denied or sent for further study.  As
proposed, S.B. 524 directs the league to develop rules to allow private
schools to participate in league activities. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 33D, Education Code, by adding Section 33.0831,
as follows: 

Sec. 33.0831.  PARTICIPATION BY PRIVATE SCHOOL STUDENTS IN UNIVERSITY
INTERSCHOLASTIC LEAGUE ACTIVITIES.  (a) Prohibits the University
Interscholastic League (league) from denying a school or its students the
opportunity to participate in an activity sponsored by the league or the
opportunity to become a member of an appropriate league district because
the school is a private school.   

(b) Provides that this section does not exempt a private school or its
students from satisfying certain eligibility requirements.    
 
(c) Requires a private school seeking to participate in a league activity
or to become a member of a league district to apply to the league on a
signed form prescribed by the league.  Requires the private school to
certify its eligibility under this subchapter and league rules in the
application and to attach proof of accreditation.  Prohibits the league
from imposing eligibility requirements for private schools that exceed the
requirements of this subchapter, league rules, or proof of eligibility
required of public schools.  Requires the league, on approval of an
application, to issue a certificate of approval to the applicant school.
Provides that the application and certificate of approval are governmental
records for the purposes of Section 37.10, Penal Code (Tampering With
Governmental Record). 
 
(d)  Sets forth the procedure to determine the appropriate league district
in which an eligible private school will participate. 

(e) Authorizes an eligible private school, for the purposes of determining
the eligibility of a student to participate in a league activity, to draw
students only from the same area as the public school district in which the
private school is located. 

  (f) Sets forth the criteria for a private school to be eligible under
this section. 

SECTION 2.  Amends Section 39.033, Education Code, to read as follows:

Sec. 39.033.  New heading: ASSESSMENT OF PRIVATE SCHOOL STUDENTS.  (a)
Requires a private school that participates in a league activity or that is
a member of a league district under Section 33.0831 to administer a
specific assessment instrument to students at the school.  Authorizes a
private school that does not participate in a league activity and is not a
member of a league district under Section 33.0831 to administer a specific
assessment instrument to students at the school.   

(b) Requires a private school that administers an assessment instrument
under this section to provide to the commissioner of education specific
information and maintain confidentiality in compliance with Section 39.030.
 
(c) Requires the Texas Education Agency to aggregate certain information
that relates to students enrolled in a private school separately from the
information that relates to other students. 

SECTION 3.  Makes application of this Act prospective to the 2001-2002
school year. 

SECTION 4.  Effective date: upon passage or September 1, 2001.