86R4392 SRS-F
 
  By: Fallon S.B. No. 718
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to equal opportunity for access by home-schooled students
  to University Interscholastic League sponsored activities;
  authorizing a fee.
         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 HOME-SCHOOLED STUDENTS
  TO PARTICIPATE IN UNIVERSITY INTERSCHOLASTIC LEAGUE ACTIVITIES.
  (a) In this section, "home-schooled student" has the meaning
  assigned by Section 29.916.
         (b)  Except as provided by Subsection (g), a public school
  that participates in an activity sponsored by the University
  Interscholastic League shall provide a home-schooled student, who
  otherwise meets league eligibility standards to represent that
  school in a league activity, with the opportunity to participate in
  the activity on behalf of the school in the same manner that the
  school provides the opportunity to participate to students enrolled
  in the school.
         (c)  A home-schooled student who seeks to participate or
  participates in a league activity on behalf of a school is subject
  to the following relevant policies that apply to students enrolled
  in the school: policies regarding registration, age eligibility,
  fees, insurance, transportation, physical condition,
  qualifications, responsibilities, event schedules, standards of
  behavior, and performance.
         (d)  The parent or person standing in parental relation to a
  home-schooled student is responsible for oversight of academic
  standards relating to the student's participation in a league
  activity. As a condition of eligibility to participate in a league
  activity during the first six weeks of a school year, a
  home-schooled student must demonstrate grade-level academic
  proficiency on any nationally recognized, norm-referenced
  assessment instrument, such as the Iowa Test of Basic Skills,
  Stanford Achievement Test, California Achievement Test, or
  Comprehensive Test of Basic Skills. A home-schooled student
  demonstrates the required academic proficiency by achieving a
  composite, core, or survey score that is within the average or
  higher than average range of scores, as established by the
  applicable testing service. For purposes of this subsection, a
  school district shall accept assessment results administered or
  reported by a third party.
         (e)  A home-schooled student's demonstration of academic
  proficiency under Subsection (d) is sufficient for purposes of that
  subsection for the school year in which the student achieves the
  required score and the subsequent school year.
         (f)  After the first six weeks of a school year, the parent or
  person standing in parental relation to a home-schooled student
  participating in a league activity on behalf of a public school must
  periodically, in accordance with the school's grading calendar,
  provide written verification to the school indicating that the
  student is receiving a passing grade in each course or subject being
  taught.
         (g)  A home-schooled student is not authorized by this
  section to participate in a league activity during the remainder of
  any school year during which the student was previously enrolled in
  a public school.
         (h)  The University Interscholastic League may not prohibit
  a home-schooled student from participating in league activities in
  the manner authorized by this section.
         (i)  With respect to a home-schooled student's education
  program, nothing in this section shall be construed to permit an
  agency of this state, a public school district, or any other
  governmental body to exercise control, regulatory authority, or
  supervision over a home-schooled student or a parent or person
  standing in parental relation to a home-schooled student beyond the
  control, regulatory authority, or supervision required to
  participate in a league activity.
         (j)  Subject only to eligibility requirements under this
  section for a home-schooled student to participate in a league
  activity:
               (1)  the curriculum or assessment requirements,
  performance standards, practices, or creed of the education program
  provided to a home-schooled student may not be required to be
  changed in order for the home-schooled student to participate in a
  league activity; and
               (2)  for a home-schooled student participating in an
  education program on January 1, 2019, the education program
  provided to that student may not be required to comply with any
  state law or agency rule relating to that education program unless
  the law or rule was in effect on January 1, 2019.
         SECTION 2.  This Act applies beginning with the 2019-2020
  school year.
         SECTION 3.  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, 2019.