1-1     By:  Armbrister                                        S.B. No. 524
 1-2           (In the Senate - Filed February 2, 2001; February 5, 2001,
 1-3     read first time and referred to Committee on Education;
 1-4     March 8, 2001, reported favorably by the following vote:  Yeas 6,
 1-5     Nays 1; March 8, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to participation by private school students in University
 1-9     Interscholastic League sponsored activities.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subchapter D, Chapter 33, Education Code, is
1-12     amended by adding Section 33.0831 to read as follows:
1-13           Sec. 33.0831.  PARTICIPATION BY PRIVATE SCHOOL STUDENTS IN
1-14     UNIVERSITY INTERSCHOLASTIC LEAGUE ACTIVITIES.  (a)  The University
1-15     Interscholastic League may not deny a school or its students the
1-16     opportunity to participate in an activity sponsored by the league
1-17     or the opportunity to become a member of an appropriate league
1-18     district because the school is a private school.
1-19           (b)  This section does not exempt a private school or its
1-20     students from satisfying each eligibility requirement imposed by
1-21     this subchapter or the University Interscholastic League for
1-22     participating in an activity or league district sponsored by the
1-23     league.
1-24           (c)  A private school seeking to participate in a University
1-25     Interscholastic League activity or to become a member of a league
1-26     district must apply to the league on a signed form prescribed by
1-27     the league.  The private school must certify its eligibility under
1-28     this subchapter and league rules in the application and must attach
1-29     proof of accreditation.  The league may not impose eligibility
1-30     requirements for private schools that exceed the requirements of
1-31     this subchapter or league rules for public schools or require proof
1-32     of eligibility that exceeds the proof required of public schools.
1-33     On approval of an application, the league shall issue a certificate
1-34     of approval to the applicant school.  The application and
1-35     certificate of approval are governmental records for purposes of
1-36     Section 37.10, Penal Code.
1-37           (d)  To determine the appropriate University Interscholastic
1-38     League district in which an eligible private school will
1-39     participate, the league must multiply the private school's
1-40     enrollment by two and place the private school in an appropriate
1-41     league district based on that enrollment figure, provided that the
1-42     private school is placed in a league district not lower than the 3A
1-43     level.
1-44           (e)  For purposes of determining the eligibility of a student
1-45     to participate in a University Interscholastic League activity, an
1-46     eligible private school may draw students only from the same area
1-47     as the public school district in which the private school is
1-48     located.
1-49           (f)  To be eligible under this section, a private school
1-50     must:
1-51                 (1)  be accredited by an accrediting organization
1-52     recognized by the Texas Education Agency;
1-53                 (2)  offer a four-year high school curriculum;
1-54                 (3)  offer interscholastic competition;
1-55                 (4)  require daily student attendance at a specific
1-56     location;
1-57                 (5)  have a single-sex student enrollment; and
1-58                 (6)  have an enrollment of not less than 500 students.
1-59           SECTION 2.  Section 39.033, Education Code, is amended to
1-60     read as follows:
1-61           Sec. 39.033.  [VOLUNTARY] ASSESSMENT OF PRIVATE SCHOOL
1-62     STUDENTS.  (a)  A private school that participates in a University
1-63     Interscholastic League activity or that is a member of a league
1-64     district under Section 33.0831 must administer an assessment
 2-1     instrument adopted under this subchapter to students at the school.
 2-2     Under an agreement with the agency, a private school that does not
 2-3     participate in a league activity and is not a member of a league
 2-4     district under Section 33.0831 may administer an assessment
 2-5     instrument adopted under this subchapter to students at the school.
 2-6           (b)  A [An agreement under this section must require the]
 2-7     private school that administers an assessment instrument under this
 2-8     section must [to] provide to the commissioner the information
 2-9     described by Section 39.051(b) and [to] maintain confidentiality in
2-10     compliance with Section 39.030.
2-11           (c)  The agency shall aggregate the information described by
2-12     Section 39.051(b) that relates to students enrolled in a private
2-13     school separately from the information that relates to other
2-14     students.
2-15           (d)  A private school must reimburse the agency for the cost
2-16     of administering an assessment instrument under this section.  The
2-17     State Board of Education shall determine the cost under this
2-18     section.  The per-student cost may not exceed the cost of
2-19     administering the same assessment to a student enrolled in a public
2-20     school district.
2-21           (e) [(d)]  In this section, "private school" means a school
2-22     that:
2-23                 (1)  offers a general education to elementary or
2-24     secondary students; and
2-25                 (2)  is not operated by a governmental entity.
2-26           SECTION 3.  This Act applies beginning with the 2001-2002
2-27     school year.
2-28           SECTION 4.  This Act takes effect immediately if it receives
2-29     a vote of two-thirds of all the members elected to each house, as
2-30     provided by Section 39, Article III, Texas Constitution.  If this
2-31     Act does not receive the vote necessary for immediate effect, this
2-32     Act takes effect September 1, 2001.
2-33                                  * * * * *