82R8640 KKA-F
 
  By: Garza H.B. No. 2322
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to equal opportunity for access by private and parochial
  school students to 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 33.0832 to read as follows:
         Sec. 33.0832.  EQUAL OPPORTUNITY FOR ACCESS TO UNIVERSITY
  INTERSCHOLASTIC LEAGUE ACTIVITIES.  (a)  In this section, "private
  school" has the meaning assigned by Section 39.033(d).
         (b)  The University Interscholastic League shall provide
  private and parochial schools with equal opportunity to become
  members of the league for the purpose of providing their students
  with access to league activities.
         (c)  This section does not exempt a private or parochial
  school or its students from satisfying each rule or eligibility
  requirement imposed by this subchapter or the league for
  participating in an activity or league district sponsored by the
  league.
         (d)  A private or parochial 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
  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 or parochial 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.
         (e)  The league shall determine the appropriate league
  district in which an eligible private or parochial school will
  participate using the same standard the league applies to public
  schools, provided that the private or parochial school may not be
  placed in a league district lower than the 1A level.
         (f)  The league may adopt rules designed to discourage an
  eligible private or parochial 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 or parochial school.
         (g)  To be eligible under this section, a private or
  parochial school must:
               (1)  be accredited by an accrediting organization
  recognized by the agency;
               (2)  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 within the five-year period preceding the date of
  application to participate in the league;
               (3)  offer a four-year high school curriculum;
               (4)  offer interscholastic competition; and
               (5)  require daily student attendance at a specific
  location.
         (h)  Notwithstanding any other provision of this section,
  the league shall implement this section by providing private and
  parochial schools with equal opportunity to participate in:
               (1)  league academic activities beginning with the
  2011-2012 school year;
               (2)  league athletic activities at the 1A and 2A league
  district levels beginning with the spring semester of the 2011-2012
  school year;
               (3)  league athletic activities at the 3A league
  district level beginning with the 2012-2013 school year;
               (4)  league athletic activities at the 4A league
  district level beginning with the 2013-2014 school year; and
               (5)  league athletic activities at the 5A league
  district level beginning with the 2014-2015 school year.
         (i)  Subsection (h) and this subsection expire September 1,
  2015.
         SECTION 2.  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, 2011.