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A BILL TO BE ENTITLED
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AN ACT
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relating to participation by certain students with disabilities in |
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extracurricular athletic activities sponsored or sanctioned by a |
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school district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 33, Education Code, is |
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amended by adding Section 33.0813 to read as follows: |
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Sec. 33.0813. PARTICIPATION BY STUDENTS WITH DISABILITIES |
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IN SCHOOL DISTRICT EXTRACURRICULAR ATHLETIC ACTIVITIES. (a) In |
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this section, an individual is a qualified individual with a |
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disability if the individual meets the criteria as a qualified |
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individual with a disability under Section 504, Rehabilitation Act |
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of 1973 (29 U.S.C. Section 794), and regulations adopted under that |
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law. |
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(b) In accordance with Section 504, Rehabilitation Act of |
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1973 (29 U.S.C. Section 794), and regulations adopted under that |
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law, each school district shall provide to a district student who is |
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a qualified individual with a disability the opportunity to benefit |
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from an extracurricular athletic activity sponsored or sanctioned |
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by the district equal to the opportunity provided by the district to |
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a student without a disability. |
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(c) In carrying out Subsection (b), a school district shall |
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make reasonable modifications and provide those aids and services |
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that are necessary to ensure that a district student who is a |
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qualified individual with a disability participates with students |
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without disabilities in an extracurricular athletic activity |
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sponsored or sanctioned by the district to the maximum extent |
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appropriate to the needs of the qualified individual with a |
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disability, except that the district may: |
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(1) require a level of skill or ability as a |
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qualification for participation in a competitive extracurricular |
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activity; |
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(2) refrain from taking measures that would |
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fundamentally alter the nature of the extracurricular activity; and |
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(3) adopt bona fide safety standards. |
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(d) If a district student who is a qualified individual |
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with a disability is unable, even with reasonable modifications or |
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aids and services, to participate with students without |
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disabilities in an extracurricular athletic activity sponsored or |
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sanctioned by the district, a district shall, to the greatest |
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extent practicable: |
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(1) provide opportunities for the student to |
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participate in separate or different extracurricular athletic |
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activities with other students with disabilities; and |
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(2) support those activities to the same extent that |
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the district supports other extracurricular athletic activities. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |