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

89(R) HB 775 - Introduced version - Bill Text

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.