77R12160 BDH-D
By Armbrister, et al. S.B. No. 524
Substitute the following for S.B. No. 524:
By Oliveira C.S.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
2-1 this subchapter or league rules for public schools or require proof
2-2 of eligibility that exceeds the proof required of public schools.
2-3 On approval of an application, the league shall issue a certificate
2-4 of approval to the applicant school. The application and
2-5 certificate of approval are governmental records for purposes of
2-6 Section 37.10, Penal Code.
2-7 (d) To determine the appropriate University Interscholastic
2-8 League district in which an eligible private school with a single
2-9 sex student enrollment will participate, the league must multiply
2-10 the private school's enrollment by two and place the private school
2-11 in an appropriate league district based on that enrollment figure,
2-12 provided that the private school is placed in a league district not
2-13 lower than the 3A level.
2-14 (e) For purposes of determining the eligibility of a student
2-15 to participate in a University Interscholastic League activity, the
2-16 attendance zone for an eligible private school is the geographic
2-17 area of the public school district in which the private school is
2-18 located.
2-19 (f) To be eligible under this section, a private school
2-20 must:
2-21 (1) be accredited by an accrediting organization
2-22 recognized by the Texas Education Agency;
2-23 (2) offer a four-year high school curriculum;
2-24 (3) offer interscholastic competition;
2-25 (4) require daily student attendance at a specific
2-26 location; and
2-27 (5) have an enrollment of not less than 500 students.
3-1 SECTION 2. Section 39.033, Education Code, is amended to
3-2 read as follows:
3-3 Sec. 39.033. [VOLUNTARY] ASSESSMENT OF PRIVATE SCHOOL
3-4 STUDENTS. (a) A private school that participates in a University
3-5 Interscholastic League activity or that is a member of a league
3-6 district under Section 33.0831 must administer an assessment
3-7 instrument adopted under this subchapter to students at the school.
3-8 Under an agreement with the agency, a private school that does not
3-9 participate in a league activity and is not a member of a league
3-10 district under Section 33.0831 may administer an assessment
3-11 instrument adopted under this subchapter to students at the school.
3-12 (b) A [An agreement under this section must require the]
3-13 private school that administers an assessment instrument under this
3-14 section must [to] provide to the commissioner the information
3-15 described by Section 39.051(b) and [to] maintain confidentiality in
3-16 compliance with Section 39.030.
3-17 (c) The agency shall aggregate the information described by
3-18 Section 39.051(b) that relates to students enrolled in a private
3-19 school separately from the information that relates to other
3-20 students.
3-21 (d) A private school must reimburse the agency for the cost
3-22 of administering an assessment instrument under this section. The
3-23 State Board of Education shall determine the cost under this
3-24 section. The per-student cost may not exceed the cost of
3-25 administering the same assessment to a student enrolled in a public
3-26 school district.
3-27 (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.