83R6614 CAS-D
 
  By: Lucio III H.B. No. 3723
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to participation by certain students with disabilities in
  extracurricular athletic activities sponsored or sanctioned by a
  school district.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 33, Education Code, is
  amended by adding Section 33.0813 to read as follows:
         Sec. 33.0813.  PARTICIPATION BY STUDENTS WITH DISABILITIES
  IN SCHOOL DISTRICT EXTRACURRICULAR ATHLETIC ACTIVITIES. (a) In
  this section, an individual is a qualified individual with a
  disability if the individual meets the criteria as a qualified
  individual with a disability under Section 504, Rehabilitation Act
  of 1973 (29 U.S.C. Section 794), and regulations adopted under that
  law.
         (b)  In accordance with Section 504, Rehabilitation Act of
  1973 (29 U.S.C. Section 794), and regulations adopted under that
  law, each school district shall provide to a district student who is
  a qualified individual with a disability the opportunity to benefit
  from an extracurricular athletic activity sponsored or sanctioned
  by the district equal to the opportunity provided by the district to
  a student without a disability.
         (c)  In carrying out Subsection (b), a school district shall
  make reasonable modifications and provide those aids and services
  that are necessary to ensure that a district student who is a
  qualified individual with a disability participates with students
  without disabilities in an extracurricular athletic activity
  sponsored or sanctioned by the district to the maximum extent
  appropriate to the needs of the qualified individual with a
  disability, except that the district may:
               (1)  require a level of skill or ability as a
  qualification for participation in a competitive extracurricular
  activity;
               (2)  refrain from taking measures that would
  fundamentally alter the nature of the extracurricular activity; and
               (3)  adopt bona fide safety standards.
         (d)  If a district student who is a qualified individual
  with a disability is unable, even with reasonable modifications or
  aids and services, to participate with students without
  disabilities in an extracurricular athletic activity sponsored or
  sanctioned by the district, a district shall, to the greatest
  extent practicable:
               (1)  provide opportunities for the student to
  participate in separate or different extracurricular athletic
  activities with other students with disabilities; and
               (2)  support those activities to the same extent that
  the district supports other extracurricular athletic activities.
         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, 2013.