HB775 - Relating to the participation by non-enrolled students in University Interscholastic League-sponsored activities.

      By: Frank H.B. No. 775       A BILL TO BE ENTITLED   AN ACT   relating to the participation by non-enrolled students in   University Interscholastic League-sponsored activities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 33.0832, Education Code, is amended to   read as follows:          Sec. 33.0832.  EQUAL OPPORTUNITY FOR CERTAIN STUDENTS TO   PARTICIPATE IN UNIVERSITY INTERSCHOLASTIC LEAGUE ACTIVITIES. (a)   In this section:                (1)  "League" means the University Interscholastic   League.                (2)  "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 s (c-2) and (i), a   public school that participates in an activity sponsored by the   league shall 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.          (c-1)  When assigning league classification to a public   school based on student enrollment, the league must use the same   student enrollment calculation formula for a school that allows a   non-enrolled student to participate in a league activity as   provided by Subsection (c) as the formula used to determine the   student enrollment of a school that does not allow a non-enrolled   student to participate in the league activity.           (c-2)     A board of trustees of a school district may decline   to grant non-enrolled students access to league activities at a   campus of the district or school by taking a record vote that   receives the support of a majority of the trustees.          (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:                (1)  registration for league activities;                (2)  age eligibility;                (3)  fees;                (4)  insurance;                (5)  transportation;                (6)  physical condition;                (7)  qualifications;                (8)  responsibilities;                (9)  event schedules;                (10)  standards of behavior; and                (11)  performance.          (e)   Except as provided by (e-1), a 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.           (e-1)     If a school has declined to grant non-enrolled   students access to league activities as described in Subsection   (c-2), a non-enrolled student eligible to attend that school based   on their residential address may participate in a league activity   for the public school closest to their residential address that has   not declined to grant non-enrolled students access to league   activities as described by Subsection (c-2).          (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 25   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, 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 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 26   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.          SECTION 2.  This Act applies beginning with the 2025-2026   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, 2025.