By Coleman H.B. No. 1055
77R4623 BDH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to participation by private school students in University
1-3 Interscholastic League sponsored activities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Chapter 33, Education Code, is
1-6 amended by adding Section 33.0831 to read as follows:
1-7 Sec. 33.0831. PARTICIPATION BY PRIVATE SCHOOL STUDENTS IN
1-8 UNIVERSITY INTERSCHOLASTIC LEAGUE ACTIVITIES. (a) The University
1-9 Interscholastic League may not deny a school or its students the
1-10 opportunity to participate in an activity sponsored by the league
1-11 or the opportunity to become a member of an appropriate league
1-12 district because the school is a private school.
1-13 (b) This section does not exempt a private school or its
1-14 students from satisfying each eligibility requirement imposed by
1-15 this subchapter or the league for participating in an activity or
1-16 league district sponsored by the league.
1-17 (c) A private school seeking to participate in a league
1-18 activity or to become a member of a league district must apply to
1-19 the league on a signed form prescribed by the league. The private
1-20 school must certify its eligibility under this subchapter and
1-21 league rules in the application and must attach proof of
1-22 accreditation. The league may not impose eligibility requirements
1-23 for private schools that exceed the requirements of this subchapter
1-24 or league rules for public schools or require proof of eligibility
2-1 that exceeds the proof required of public schools. On approval of
2-2 an application, the league shall issue a certificate of approval to
2-3 the applicant school. The application and certificate of approval
2-4 are governmental records for purposes of Section 37.10, Penal Code.
2-5 (d) To determine the appropriate league district in which an
2-6 eligible private school will participate, the league must multiply
2-7 the private school's enrollment by two and place the private school
2-8 in an appropriate league district based on that enrollment figure,
2-9 provided that the private school is placed in a league district not
2-10 lower than the 3A level.
2-11 (e) For purposes of determining the eligibility of a student
2-12 to participate in a league activity, an eligible private school may
2-13 draw students only from the same area as the public school district
2-14 in which the private school is located.
2-15 (f) To be eligible under this section, a private school
2-16 must:
2-17 (1) be accredited by an accrediting organization
2-18 recognized by the Texas Education Agency;
2-19 (2) offer a four-year high school curriculum;
2-20 (3) offer interscholastic competition;
2-21 (4) require daily student attendance at a specific
2-22 location;
2-23 (5) have a single sex student enrollment; and
2-24 (6) have an enrollment of not less than 500 students.
2-25 SECTION 2. Section 39.033, Education Code, is amended to
2-26 read as follows:
2-27 Sec. 39.033. [VOLUNTARY] ASSESSMENT OF PRIVATE SCHOOL
3-1 STUDENTS. (a) A private school that participates in a University
3-2 Interscholastic League activity or that is a member of a league
3-3 district under Section 33.0831 must administer an assessment
3-4 instrument adopted under this subchapter to students at the school.
3-5 Under an agreement with the agency, a private school that does not
3-6 participate in a league activity and is not a member of a league
3-7 district under Section 33.0831 may administer an assessment
3-8 instrument adopted under this subchapter to students at the school.
3-9 (b) A [An agreement under this section must require the]
3-10 private school that administers an assessment instrument under this
3-11 section must [to] provide to the commissioner the information
3-12 described by Section 39.051(b) and [to] maintain confidentiality in
3-13 compliance with Section 39.030.
3-14 (c) The agency shall aggregate the information described by
3-15 Section 39.051(b) that relates to students enrolled in a private
3-16 school separately from the information that relates to other
3-17 students.
3-18 (d) A private school must reimburse the agency for the cost
3-19 of administering an assessment instrument under this section. The
3-20 State Board of Education shall determine the cost under this
3-21 section. The per-student cost may not exceed the cost of
3-22 administering the same assessment to a student enrolled in a public
3-23 school district.
3-24 (e) [(d)] In this section, "private school" means a school
3-25 that:
3-26 (1) offers a general education to elementary or
3-27 secondary students; and
4-1 (2) is not operated by a governmental entity.
4-2 SECTION 3. This Act applies beginning with the 2001-2002
4-3 school year.
4-4 SECTION 4. This Act takes effect immediately if it receives
4-5 a vote of two-thirds of all the members elected to each house, as
4-6 provided by Section 39, Article III, Texas Constitution. If this
4-7 Act does not receive the vote necessary for immediate effect, this
4-8 Act takes effect September 1, 2001.