Bill Text: TX HB54 | 2011 | 82nd Legislature 1st Special | Introduced
Bill Title: Relating to equal opportunity for access by private and parochial school students to University Interscholastic League sponsored activities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-06-07 - Referred to Public Education [HB54 Detail]
Download: Texas-2011-HB54-Introduced.html
| By: Garza | H.B. No. 54 | |
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| 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. | ||
| (j) Notwithstanding any other law, a child who resides | ||
| within the attendance area of a public school and who is instructed | ||
| at home shall be allowed to try out for interscholastic activities | ||
| on behalf of the public school in the same manner as a pupil who is | ||
| enrolled in that public school. Registration, age eligibility | ||
| requirements, fees, insurance, transportation, physical condition, | ||
| qualifications, responsibilities, event schedules, standards of | ||
| behavior and performance policies for home schooled students shall | ||
| be consistent with those policies established for students enrolled | ||
| in that public school. The individual providing the primary | ||
| instruction of a child who is instructed at home shall submit | ||
| written verification that provides: | ||
| (1) Whether the student is receiving a passing grade | ||
| in each course or subject being taught. | ||
| (2) Whether the student is maintaining satisfactory | ||
| progress towards advancement or promotion. | ||
| (k) A child who is instructed at home and who was previously | ||
| enrolled in a school shall be ineligible to participate in | ||
| interscholastic activities for the remainder of the school year | ||
| during which the child was enrolled in a school. | ||
| 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. | ||
