By McCall H.B. No. 1407
77R896 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to participation in school district services and
1-3 activities by home-schooled students.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 25, Education Code, is
1-6 amended by adding Section 25.005 to read as follows:
1-7 Sec. 25.005. PART-TIME ENROLLMENT OF HOME-SCHOOLED STUDENT.
1-8 (a) A home-schooled child entitled under Section 25.001 to attend
1-9 public school in a school district may enroll in public school in
1-10 the district as a part-time student if the district and the child's
1-11 parent or guardian agree in writing to the child's enrollment.
1-12 (b) A student enrolled under this section may participate in
1-13 an academic class on the same basis as a regularly enrolled
1-14 student.
1-15 (c) A school district may not charge a student enrolled
1-16 under this section tuition but shall charge the student all
1-17 applicable fees charged a regularly enrolled student.
1-18 SECTION 2. Subchapter Z, Chapter 29, Education Code, is
1-19 amended by adding Sections 29.903 and 29.904 to read as follows:
1-20 Sec. 29.903. USE OF SCHOOL FACILITY FOR HOME-SCHOOLED
1-21 STUDENTS. (a) A school district may establish a laboratory or
1-22 other facility for home-schooled students that is not located on a
1-23 regular school campus.
1-24 (b) A school district may permit a home-schooled student
2-1 entitled under Section 25.001 to attend public school in the
2-2 district to use:
2-3 (1) a laboratory or other facility established under
2-4 Subsection (a); or
2-5 (2) a laboratory or other facility located on a
2-6 regular school campus.
2-7 (c) A school district may not charge a home-schooled student
2-8 tuition for use of a laboratory or other facility under this
2-9 section but shall charge the student a fee comparable to any fee
2-10 charged a regularly enrolled student for use of a similar facility.
2-11 (d) A school district may permit a regularly enrolled
2-12 student to use a laboratory or other facility established under
2-13 Subsection (a).
2-14 Sec. 29.904. ONLINE COURSE FOR HOME-SCHOOLED STUDENTS.
2-15 (a) A school district may offer an online course to home-schooled
2-16 students for academic credit.
2-17 (b) A school district may permit a home-schooled student
2-18 entitled under Section 25.001 to attend public school in the
2-19 district to participate in an online course offered under
2-20 Subsection (a).
2-21 (c) A school district may not charge a home-schooled student
2-22 tuition for participating in a course offered under Subsection (a)
2-23 but shall charge the student a fee comparable to any fee charged a
2-24 regularly enrolled student for participating in the course.
2-25 (d) A school district may permit a regularly enrolled
2-26 student to participate in an online course offered under Subsection
2-27 (a).
3-1 SECTION 3. Section 31.001, Education Code, is amended to
3-2 read as follows:
3-3 Sec. 31.001. FREE TEXTBOOKS. (a) Textbooks selected for use
3-4 in the public schools shall be furnished without cost to the
3-5 students attending those schools.
3-6 (b) A school district may furnish textbooks without cost to
3-7 a home-schooled student who is entitled under Section 25.001 to
3-8 attend public school in the district. This chapter applies to
3-9 textbooks furnished to home-schooled students under this subsection
3-10 in the same manner as it applies to textbooks furnished to students
3-11 attending public schools.
3-12 SECTION 4. Subchapter D, Chapter 33, Education Code, is
3-13 amended by adding Sections 33.087 and 33.088 to read as follows:
3-14 Sec. 33.087. PARTICIPATION IN EXTRACURRICULAR ACTIVITIES BY
3-15 HOME-SCHOOLED STUDENTS. (a) A school district may permit a
3-16 home-schooled student entitled under Section 25.001 to attend
3-17 public school in the district to participate in a
3-18 district-sponsored extracurricular activity. If the district
3-19 charges regularly enrolled students a fee for participating in an
3-20 extracurricular activity, the district shall charge a home-schooled
3-21 student participating in that activity the same fee.
3-22 (b) Each home-schooled student entitled under Section 25.001
3-23 to attend public school is entitled to participate in an
3-24 extracurricular activity sponsored by the University
3-25 Interscholastic League on behalf of the school district the student
3-26 is entitled to attend under Section 25.001(b) if the board of
3-27 trustees of that district adopts a policy authorizing home-schooled
4-1 students to participate in league-sponsored activities.
4-2 (c) Except as provided by Section 33.088, Subsection (b)
4-3 does not exempt a home-schooled student from satisfying, as
4-4 provided by league rule, each eligibility requirement for
4-5 participating in a league-sponsored activity other than class
4-6 attendance requirements.
4-7 Sec. 33.088. APPLICATION OF ACADEMIC REQUIREMENTS TO
4-8 HOME-SCHOOLED STUDENTS PARTICIPATING IN EXTRACURRICULAR ACTIVITIES.
4-9 (a) Except as provided by Subsection (b), Sections 33.081(c)-(g)
4-10 do not apply to a home-schooled student participating in an
4-11 extracurricular activity sponsored by a school district or the
4-12 University Interscholastic League as provided by Section 33.087.
4-13 (b) A home-schooled student participating in extracurricular
4-14 activities is subject to Sections 33.081(c)-(g) if the student was
4-15 a regularly enrolled student in a school district and withdrew from
4-16 school in the district and became a home-schooled student:
4-17 (1) while the student was subject to a suspension
4-18 under Section 33.081(c); or
4-19 (2) during the last week of a grade evaluation period.
4-20 (c) For the grade evaluation period that follows the grade
4-21 evaluation period during which a home-schooled student to whom
4-22 Subsection (b) applies withdrew from public school, the student's
4-23 instructor must provide to the principal of the school to which the
4-24 student is assigned for participation in extracurricular
4-25 activities, at the time grades must be reported for students
4-26 enrolled in the school, an affidavit affirming that the student:
4-27 (1) is taking a number of grade-level courses
5-1 equivalent to the academic requirements for a full-time student at
5-2 the student's grade level enrolled in the school; and
5-3 (2) has grades for that reporting period that satisfy
5-4 grade requirements under Section 33.081(c) for participation in
5-5 extracurricular activities.
5-6 (d) In this section, "grade evaluation period" has the
5-7 meaning assigned by Section 33.081(c).
5-8 SECTION 5. Subchapter B, Chapter 39, Education Code, is
5-9 amended by adding Section 39.034 to read as follows:
5-10 Sec. 39.034. ASSESSMENT OF HOME-SCHOOLED STUDENT PROHIBITED.
5-11 A school district may not administer an assessment instrument under
5-12 this chapter to a home-schooled student included in the district's
5-13 average daily attendance under Section 42.0051.
5-14 SECTION 6. Subchapter A, Chapter 42, Education Code, is
5-15 amended by adding Section 42.0051 to read as follows:
5-16 Sec. 42.0051. INCLUSION OF HOME-SCHOOLED STUDENTS IN AVERAGE
5-17 DAILY ATTENDANCE. (a) The average daily attendance of a school
5-18 district includes each home-schooled student:
5-19 (1) who is entitled under Section 25.001 to attend
5-20 public school in the district; and
5-21 (2) who:
5-22 (A) attends a district school as a part-time
5-23 student as provided by Section 25.005;
5-24 (B) participates in an online course offered by
5-25 the district under Section 29.904;
5-26 (C) uses an off-campus laboratory or other
5-27 facility established by the district for home-schooled students as
6-1 provided by Section 29.903;
6-2 (D) receives textbooks from the district as
6-3 provided by Section 31.001(b); or
6-4 (E) participates in an extracurricular activity
6-5 sponsored or sanctioned by the school district or the University
6-6 Interscholastic League as a representative of a district school as
6-7 provided by Section 33.087.
6-8 (b) For each day of the minimum school year under Section
6-9 25.081(a) that a home-schooled student receives services or
6-10 textbooks or participates in a course or an extracurricular
6-11 activity as described by Subsection (a)(2), the school district is
6-12 entitled to include the student as a full-time student in the
6-13 district's attendance for that day.
6-14 SECTION 7. This Act applies beginning with the 2001-2002
6-15 school year.
6-16 SECTION 8. (a) Except as provided by Subsection (b) of this
6-17 section, this Act takes effect immediately if it receives a vote of
6-18 two-thirds of all the members elected to each house, as provided by
6-19 Section 39, Article III, Texas Constitution. If this Act does not
6-20 receive the vote necessary for immediate effect, this Act takes
6-21 effect September 1, 2001.
6-22 (b) Section 6 of this Act takes effect September 1, 2001.