Filed by Rep John Garza of San Antonio. Don't know of any connection between him and UIL and i doubt they (UIL) support this bill
By: Garza H.B. No. 54
A BILL TO BE ENTITLED
AN ACT
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.
