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 * * * * *