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A BILL TO BE ENTITLED
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AN ACT
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relating to the appeal of certain decisions concerning student |
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participation in extracurricular activities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.081, Education Code, is amended by |
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amending Subsection (g) and adding Subsection (g-1) to read as |
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follows: |
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(g) An appeal to the commissioner is not a contested case |
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under Chapter 2001, Government Code, if the issues presented relate |
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to a student's eligibility to participate in extracurricular |
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activities, including issues related to the [student's grades, the |
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school district's grading policy as applied to the student's |
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eligibility, or the] student's eligibility based on conduct |
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described by Subsection (e-1). The commissioner may delegate the |
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matter for decision to a person the commissioner designates. The |
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decision of the commissioner or the commissioner's designee in a |
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matter governed by this subsection may not be appealed except on the |
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grounds that the decision is arbitrary or capricious. Evidence may |
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not be introduced on appeal other than the record of the evidence |
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before the commissioner. |
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(g-1) An appeal relating to a student's grades or the school |
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district's grading policy as applied to the student's eligibility |
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to participate in extracurricular activities shall be heard |
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exclusively by the University Interscholastic League. An appeal |
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under this subsection shall be conducted in the same manner and is |
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subject to the same limitations as an appeal to the commissioner |
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under Subsection (g). |
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SECTION 2. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 3. 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, 2023. |