79(R) HB 386 - House Committee Report version

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79R15299 ESH-D


By:  McCall, Gallego, Van Arsdale, Bonnen,                        H.B. No. 386
 
    Paxton, et al.                                                           

Substitute the following for H.B. No. 386:                                    

By:  Eissler                                                  C.S.H.B. No. 386



A BILL TO BE ENTITLED

AN ACT

relating to participation in school district services and 
activities by home-schooled students.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 5.001, Education Code, is amended by 
adding Subdivision (5-a) to read as follows:
		(5-a)  "Home-schooled student" means a student who 
predominantly receives instruction in a general elementary or 
secondary education program that is provided by the parent, or a 
person standing in parental authority, in or through the child's 
home.
	SECTION 2.  Subchapter A, Chapter 25, Education Code, is 
amended by adding Section 25.006 to read as follows:
	Sec. 25.006.  PART-TIME ENROLLMENT OF HOME-SCHOOLED 
STUDENT.  (a)  A home-schooled child entitled under Section 25.001 
to attend public school in a school district may enroll in public 
school in the district as a part-time student if the district and 
the child's parent or guardian agree in writing to the child's 
enrollment.
	(b)  A student enrolled under this section may participate in 
an academic class on the same basis as a regularly enrolled student.
	(c)  A school district may not charge a student enrolled 
under this section tuition but shall charge the student all 
applicable fees charged a regularly enrolled student.
	(d)  An open-enrollment charter school or a college or 
university charter school operating under Subchapter E, Chapter 12, 
is not eligible to receive funding for a student enrolled under this 
section.
	SECTION 3.  Subchapter Z, Chapter 29, Education Code, is 
amended by adding Section 29.911 to read as follows:
	Sec. 29.911.  USE OF SCHOOL FACILITY FOR HOME-SCHOOLED 
STUDENTS.  (a)  A school district may establish a laboratory or 
other facility for home-schooled students that is not located on a 
regular school campus.
	(b)  A school district may permit a home-schooled student 
entitled under Section 25.001 to attend public school in the 
district to use:
		(1)  a laboratory or other facility established under 
Subsection (a); or
		(2)  a laboratory or other facility located on a 
regular school campus.
	(c)  A school district may not charge a home-schooled student 
tuition for use of a laboratory or other facility under this section 
but shall charge the student a fee comparable to any fee charged a 
regularly enrolled student for use of a similar facility.
	(d)  A school district may permit a regularly enrolled 
student to use a laboratory or other facility established under 
Subsection (a).
	SECTION 4.  (a) Subchapter Z, Chapter 29, Education Code, is 
amended by adding Section 29.912 to read as follows:
	Sec. 29.912.  ONLINE COURSE FOR HOME-SCHOOLED STUDENTS.  (a)  
A school district may offer an online course to home-schooled 
students for academic credit.
	(b)  A school district may permit a home-schooled student 
entitled under Section 25.001 to attend public school in the 
district to participate in an online course offered under 
Subsection (a).
	(c)  A school district may not charge a home-schooled student 
tuition for participating in a course offered under Subsection (a) 
but shall charge the student a fee comparable to any fee charged a 
regularly enrolled student for participating in the course.
	(d)  A school district may permit a regularly enrolled 
student to participate in an online course offered under Subsection 
(a).
	(b)  This section takes effect only if H.B. No. 1445, Acts of 
the 79th Legislature, Regular Session, 2005, is not enacted and 
does not become law. If H.B. No. 1445, Acts of the 79th Legislature, 
Regular Session, 2005, is enacted and becomes law, this section has 
no effect.
	SECTION 5.  Section 31.001, Education Code, is amended to 
read as follows:   
	Sec. 31.001.  FREE TEXTBOOKS.  (a)  Textbooks selected for 
use in the public schools shall be furnished without cost to the 
students attending those schools.
	(b)  For a course in which a home-schooled student is 
enrolled as provided by Section 25.006, the student is entitled to 
textbooks without cost as if the student were enrolled in the 
district as a full-time student. This chapter applies to textbooks 
furnished to home-schooled students under this subsection in the 
same manner as it applies to textbooks furnished to students 
attending public schools.
	SECTION 6.  Subchapter D, Chapter 33, Education Code, is 
amended by adding Section 33.088 to read as follows:
	Sec. 33.088.  PARTICIPATION IN EXTRACURRICULAR ACTIVITIES 
BY HOME-SCHOOLED STUDENTS.  (a)  A school district may permit a 
home-schooled student entitled under Section 25.001 to attend 
public school in the district to participate in a 
district-sponsored extracurricular activity.  If the district 
charges regularly enrolled students a fee for participating in an 
extracurricular activity, the district shall charge a 
home-schooled student participating in that activity the same fee.
	(b)  Each home-schooled student entitled under Section 
25.001 to attend public school is entitled to participate in an 
extracurricular activity sponsored by the University 
Interscholastic League on behalf of the school district the student 
is entitled to attend under Section 25.001(b) if the board of 
trustees of that district adopts a policy authorizing home-schooled 
students to participate in league-sponsored activities.
	(c)  Subsection (b) does not exempt a home-schooled student 
from satisfying, as provided by league rule, each eligibility 
requirement for participating in a league-sponsored activity other 
than class attendance requirements.
	(d)  In this subsection, "grade evaluation period" has the 
meaning assigned by Section 33.081(c).  For each grade evaluation 
period of the school to which a home-schooled student is assigned 
for participation in extracurricular activities, the student's 
instructor must provide to the principal of the school, at the time 
grades must be reported for students enrolled in the school, an 
affidavit affirming that the student:
		(1)  is a full-time student; and                                       
		(2)  has grades for that reporting period that satisfy 
grade requirements under Section 33.081(c) for participation in 
extracurricular activities.
	SECTION 7.  Subchapter B, Chapter 39, Education Code, is 
amended by adding Section 39.035 to read as follows:
	Sec. 39.035.  ASSESSMENT OF HOME-SCHOOLED STUDENTS. (a) This 
section applies only to a home-schooled student enrolled in a 
school district for two or fewer courses or two or fewer hours of 
instruction as determined by commissioner rule.  A home-schooled 
student enrolled in a school district for more than two courses or 
more than two hours of instruction shall be assessed as provided by 
Section 39.023.
	(b)  Except as provided by Subsection (c), a school district 
may administer an assessment instrument required under Section 
39.023 to a home-schooled student only in a subject in which the 
student receives instruction from the district.
	(c)  The commissioner by rule shall provide for assessment of 
home-schooled students under this section. The commissioner may 
require administration of additional assessment instruments to 
home-schooled students only to the extent required by federal law.
	(d)  Only the performance on an assessment instrument 
required under Subsection (b) of a student assessed under this 
section may be used for purposes of accountability ratings under 
this chapter.
	SECTION 8.  Subchapter A, Chapter 42, Education Code, is 
amended by adding Section 42.0051 to read as follows:
	Sec. 42.0051.  INCLUSION OF HOME-SCHOOLED STUDENTS IN 
AVERAGE DAILY ATTENDANCE.  (a)  Subject to Subsection (c), the 
average daily attendance of a school district includes each 
home-schooled student:
		(1)  who is entitled under Section 25.001 to attend 
public school in the district; and
		(2)  who:                                                              
			(A)  attends a district school as a part-time 
student as provided by Section 25.006;
			(B)  participates in an online course offered by 
the district under Section 29.912; or
			(C)  uses an off-campus laboratory or other 
facility established by the district for home-schooled students as 
provided by Section 29.911.
	(b)  For each day of the minimum school year under Section 
25.081(a) that a home-schooled student receives services or 
participates in a course as described by Subsection (a)(2), the 
school district is entitled to include the student as a student in 
the district's attendance for that day.  The student's attendance 
shall be included in proportion to the amount of time the student 
receives services or participates in a course, as determined under 
rules adopted by the commissioner.
	(c)  In any school year, not more than 1,000 full-time 
equivalent home-schooled students in this state may be included in 
average daily attendance under this section.  To be eligible to 
include a home-schooled student in average daily attendance, a 
school district must apply to the commissioner within the time and 
in the manner prescribed by commissioner rule.  If, in any school 
year, school districts apply to include more than 1,000 full-time 
equivalent home-schooled students in average daily attendance, the 
commissioner shall limit each district to a pro rata share, 
determined by the district's enrollment of students other than 
home-schooled students in comparison to the statewide enrollment of 
students other than home-schooled students.
	(d)  The amount appropriated for inclusion of home-schooled 
students in average daily attendance may not exceed $5 million in a 
school year. If the amount to which school districts are entitled 
under Subsection (a) for a school year exceeds $5 million, the 
commissioner shall reduce each district's entitlement 
proportionately.
	SECTION 9.  This Act applies beginning with the 2005-2006 
school year.       
	SECTION 10.  (a)  Except as provided by Subsection (b) of 
this section and Section 4(b) of this Act, 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, 2005.
	(b)  Section 8 of this Act takes effect September 1, 2005.