By: Paxton	S.B. No. 491

	A BILL TO BE ENTITLED
	AN ACT
	relating to authorizing 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, 2021, 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, 2021.
	SECTION 2.  This Act applies beginning with the 2021-2022
	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, 2021.