BILL ANALYSIS
By: Patrick, Dan
Committee Report (Substituted)
BACKGROUND AND PURPOSE
A private school in San Antonio has been denied membership to the Texas Association of Private and Parochial Schools (association) which creates rules for, and sometimes administers, almost all athletic and academic contests for non-public high schools. The University Interscholastic League (the league), the counterpart organization for public schools in Texas, has also denied membership for this same private school.
The league previously allowed membership to private schools, such as Jesuit College Preparatory School of Dallas and Strake Jesuit College Preparatory of Houston, in an agreement centered on the fact that these non-public schools were ineligible for any other statewide extracurricular organization, but only after much litigation.
The value of extracurricular activities for educational institutions is critical and requires membership in an oversight organization, such as the association and the league. Certain private schools should be allowed to participate as members of the league in limited circumstances if they meet minimum requirements of the league.
This bill requires the league to admit certain private schools under certain conditions, as described below in the ANALYSIS section.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to the University Interscholastic League in SECTION 1 of this bill.
ANALYSIS
Note: Unless otherwise specified, statutory references in this BILL ANALYSIS are to the Education Code.
The bill amends Subchapter D, Chapter 33, Education Code, by adding Section 33.0831.
The bill provides that in Section 33.0831, "private school" has the meaning assigned by Section 39.033(d), and further provides that the league may not deny a school or its students the opportunity to become a member of the league or otherwise discriminate against a school or its students because the school is a private school.
The bill provides that Section 33.0831 does not exempt a private school or its students from satisfying each rule or eligibility requirement imposed by Subchapter D, Chapter 33, Education Code, or the league for participating in an activity or league district sponsored by the league.
The bill provides that 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 Subchapter D, Chapter 33, Education Code, 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 Subchapter D, Chapter 33, Education Code, 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.
The bill provides that to determine the appropriate league district in which an eligible private school 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 4A level.
The bill provides that 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. Such rules may not be designed to discriminate against an eligible private school.
The bill provides that to be eligible under Section 33.0831, a private school must: be accredited by an accrediting organization recognized by the Texas Education Agency; not have had its ability or eligibility to participate in an association similar to the league compromised, revoked, or suspended for violating the rules or codes of that association; offer a four-year high school curriculum; offer interscholastic competition; and require daily student attendance at a specific location.
The bill provides that the Act applies beginning with the 2008-2009 school year.
EFFECTIVE DATE
Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The original bill provided that 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. The substitute provides that the University Interscholastic League may not deny a school or its students the opportunity to become a member of the league or otherwise discriminate against a school or its students because the school is a private school.
The original bill provided that Section 33.0831 does not exempt a private school or its students from satisfying each eligibility requirement imposed by Subchapter D, Chapter 33, Education Code, or the league for participating in an activity or league district sponsored by the league. The substitute provides that Section 33.0831 does not exempt a private school or its students from satisfying each rule or eligibility requirement imposed by Subchapter D, Chapter 33, Education Code, or the league for participating in an activity or league district sponsored by the league.
The original bill provided that to determine the appropriate league district in which an eligible private school 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 2A level. The substitute provides that to determine the appropriate league district in which an eligible private school 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 4A level.
The substitute adds a provision that to be eligible under Section 33.0831, a private school must not have had its ability or eligibility to participate in an association similar to the league compromised, revoked, or suspended for violating the rules or codes of that association.
The original bill provided that the Act applies beginning with the 2007-2008 school year. The substitute provides that the Act applies beginning with the 2008-2009 school year.