By:  Armbrister, Nelson                                S.B. No. 524
                                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 University Interscholastic League for
1-16     participating in an activity or league district sponsored by the
1-17     league.
1-18           (c)  A private school seeking to participate in a University
1-19     Interscholastic League activity or to become a member of a league
1-20     district must apply to the league on a signed form prescribed by
1-21     the league.  The private school must certify its eligibility under
1-22     this subchapter and league rules in the application and must attach
1-23     proof of accreditation.  The league may not impose eligibility
1-24     requirements for private schools that exceed the requirements of
1-25     this subchapter or league rules for public schools or require proof
 2-1     of eligibility that exceeds the proof required of public schools.
 2-2     On approval of an application, the league shall issue a certificate
 2-3     of approval to the applicant school.  The application and
 2-4     certificate of approval are governmental records for purposes of
 2-5     Section 37.10, Penal Code.
 2-6           (d)  To determine the appropriate University Interscholastic
 2-7     League district in which an eligible private school will
 2-8     participate, the league must multiply the private school's
 2-9     enrollment by two and place the private school in an appropriate
2-10     league district based on that enrollment figure, provided that the
2-11     private school is placed in a league district not lower than the 3A
2-12     level.
2-13           (e)  For purposes of determining the eligibility of a student
2-14     to participate in a University Interscholastic League activity, an
2-15     eligible private school may draw students only from the designated
2-16     attendance zone of the closest public high school.
2-17           (f)  To be eligible under this section, a private school
2-18     must:
2-19                 (1)  be accredited by an accrediting organization
2-20     recognized by the Texas Education Agency;
2-21                 (2)  offer a four-year high school curriculum;
2-22                 (3)  offer interscholastic competition;
2-23                 (4)  require daily student attendance at a specific
2-24     location; and
2-25                 (5)  have an enrollment of not less than 500 students.
2-26           SECTION 2.  Section 39.033, Education Code, is amended to
 3-1     read as follows:
 3-2           Sec. 39.033.  [VOLUNTARY] ASSESSMENT OF PRIVATE SCHOOL
 3-3     STUDENTS.  (a)  A private school that participates in a University
 3-4     Interscholastic League activity or that is a member of a league
 3-5     district under Section 33.0831 must administer an assessment
 3-6     instrument adopted under this subchapter to students at the school.
 3-7     Under an agreement with the agency, a private school that does not
 3-8     participate in a league activity and is not a member of a league
 3-9     district under Section 33.0831 may administer an assessment
3-10     instrument adopted under this subchapter to students at the school.
3-11           (b)  A [An agreement under this section must require the]
3-12     private school that administers an assessment instrument under this
3-13     section must [to] provide to the commissioner the information
3-14     described by Section 39.051(b) and [to] maintain confidentiality in
3-15     compliance with Section 39.030.
3-16           (c)  The agency shall aggregate the information described by
3-17     Section 39.051(b) that relates to students enrolled in a private
3-18     school separately from the information that relates to other
3-19     students.
3-20           (d)  A private school must reimburse the agency for the cost
3-21     of administering an assessment instrument under this section.  The
3-22     State Board of Education shall determine the cost under this
3-23     section.  The per-student cost may not exceed the cost of
3-24     administering the same assessment to a student enrolled in a public
3-25     school district.
3-26           (e) [(d)]  In this section, "private school" means a school
 4-1     that:
 4-2                 (1)  offers a general education to elementary or
 4-3     secondary students; and
 4-4                 (2)  is not operated by a governmental entity.
 4-5           SECTION 3.  This Act applies beginning with the 2001-2002
 4-6     school year.
 4-7           SECTION 4.  This Act takes effect immediately if it receives
 4-8     a vote of two-thirds of all the members elected to each house, as
 4-9     provided by Section 39, Article III, Texas Constitution.  If this
4-10     Act does not receive the vote necessary for immediate effect, this
4-11     Act takes effect September 1, 2001.