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78R5472 BDH-F

By:  Ogden                                                        S.B. No. 700



A BILL TO BE ENTITLED

AN ACT

relating to participation by private school students in University 
Interscholastic League sponsored activities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 33, Education Code, is 
amended by adding Section 33.087 to read as follows:
	Sec. 33.087.  PARTICIPATION IN UNIVERSITY INTERSCHOLASTIC 
LEAGUE ACTIVITIES.  (a)  The University Interscholastic League may 
not deny a school or its students the opportunity to participate in 
an activity sponsored by the league or the opportunity to become a 
member of an appropriate league district or otherwise discriminate 
against a school or its students because the school is a private 
school.
	(b)  This section does not exempt a private school or its 
students from satisfying each eligibility requirement imposed by 
this subchapter or the league for participating in an activity or 
league district sponsored by the league.
	(c)  A private school seeking to participate in a league 
activity or to become a member of a league district shall apply to 
the league on a signed form prescribed by the league.  The private 
school must certify its eligibility under this subchapter and 
league rules in the application and must attach proof of 
accreditation.  The league may not impose eligibility requirements 
for private schools that exceed the requirements of this subchapter 
or league rules for public schools or require proof of eligibility 
that exceeds the proof required of public schools.  On approval of 
an application, the league shall issue a certificate of approval to 
the applicant school.  The application and certificate of approval 
are governmental records for purposes of Section 37.10, Penal Code.
	(d)  To determine the appropriate league district in which an 
eligible private school with a single-sex student enrollment will 
participate, the league must multiply the private school's 
enrollment by two and place the private school in an appropriate 
league district based on that enrollment figure, provided that the 
private school is placed in a league district not lower than the 3A 
level.
	(e)  The league may adopt rules designed to discourage an 
eligible private school from recruiting any student to attend the 
school for the purpose of participating in a league activity.  A 
rule adopted under this subsection may not be designed to 
discriminate against an eligible private school.
	(f)  To be eligible under this section, a private school 
must:        
		(1)  be accredited by an accrediting organization 
recognized by the agency;
		(2)  offer a four-year high school curriculum;                         
		(3)  offer interscholastic competition; and                            
		(4)  require daily student attendance at a specific 
location.        
	(g)  In this section, "private school" has the meaning 
assigned by Section 39.033(d).
	SECTION 2.  This Act applies beginning with the 2003-2004 
school year.       
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.