Bill Text: TX HB547 | 2021-2022 | 87th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to authorizing equal opportunity for access by non-enrolled students to University Interscholastic League sponsored activities; authorizing a fee.

Spectrum: Moderate Partisan Bill (Republican 22-4)

Status: (Passed) 2021-06-18 - Effective on 9/1/21 [HB547 Detail]

Download: Texas-2021-HB547-Engrossed.html
 
 
  By: Frank, Dutton, Huberty, H.B. No. 547
      González of El Paso, Burrows, et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to authorizing equal opportunity for access by certain
  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 Sections 33.0832 and 33.08321 to read as follows:
         Sec. 33.0832.  EQUAL OPPORTUNITY FOR CERTAIN STUDENTS TO
  PARTICIPATE IN UNIVERSITY INTERSCHOLASTIC LEAGUE ACTIVITIES. (a)
  In this section, "non-enrolled student" means a student who
  receives instruction as described by Section 29.916(a)(1) from a
  nonpublic school.
         (b)  Nothing in this section may be construed to affect the
  holding in Texas Educ. Agency v. Leeper, 893 S.W.2d 432 (Tex. 1994),
  classifying home schools as private schools. The legislature finds
  that a home school is a private school for purposes of this section.
         (c)  Except as provided by Subsection (i), a public school
  that participates in an activity sponsored by the University
  Interscholastic League may provide a non-enrolled 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.
         (d)  A non-enrolled 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.
         (e)  A non-enrolled student may only participate in a league
  activity for the school in the school district that the student
  would be eligible to attend based on the student's residential
  address. A non-enrolled student who seeks to participate in a
  league activity on behalf of a school shall be required to establish
  minimum proof of residency acceptable to the district in the same
  manner as an applicant to attend a school in the district under
  Section 25.001.
         (f)  The parent or person standing in parental relation to a
  non-enrolled 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 non-enrolled
  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 non-enrolled 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.
         (g)  A non-enrolled student's demonstration of academic
  proficiency under Subsection (f) is sufficient for purposes of that
  subsection for the school year in which the student achieves the
  required score and the subsequent school year.
         (h)  After the first six weeks of a school year or beginning
  at an earlier time on request by the coach of the activity, the
  parent or person standing in parental relation to a non-enrolled
  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.
         (i)  A non-enrolled 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.
         (j)  The University Interscholastic League may not prohibit
  a non-enrolled student from participating in league activities in
  the manner authorized by this section.
         (k)  With respect to a non-enrolled 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 non-enrolled student or a parent or person
  standing in parental relation to a non-enrolled student beyond the
  control, regulatory authority, or supervision required to
  participate in a league activity.
         (l)  Subject only to eligibility requirements under this
  section for a non-enrolled 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 non-enrolled student may not be required to be changed
  in order for the non-enrolled student to participate in a league
  activity; and
               (2)  for a non-enrolled 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.
         (m)  Notwithstanding any other law, a non-enrolled student
  who participates in a league activity under this section is subject
  to the immunization requirements and exceptions of Section 38.001
  in the same manner as a public school student.
         Sec. 33.08321.  ACCESS TO UNIVERSITY INTERSCHOLASTIC LEAGUE
  SPONSORED ACTIVITIES FOR STUDENTS UNDER SUPERVISION OF TEXAS
  JUVENILE JUSTICE DEPARTMENT. (a) The University Interscholastic
  League shall provide students receiving educational services under
  the supervision of the Texas Juvenile Justice Department with the
  opportunity to participate in activities sponsored by the league in
  the same manner that the league provides the opportunity to
  participate to students enrolled in public schools.
         (b)  The University Interscholastic League shall enter into
  a memorandum of understanding with the Texas Juvenile Justice
  Department regarding the policies governing:
               (1)  the conditions of eligibility for students under
  the supervision of the department in activities sponsored by the
  league, including:
                     (A)  age of students eligible to participate;
                     (B)  academic performance requirements for
  students; and
                     (C)  standards of behavior for students;
               (2)  the appropriate league in which students under the
  supervision of the department will participate; and
               (3)  the duties of the department regarding other
  policies of the league, including fees, insurance, and
  transportation.
         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.
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