HBA-MPM S.B. 266 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 266 By: Armbrister Public Education 5/12/1999 Engrossed BACKGROUND AND PURPOSE Currently, 48 states, excluding Texas, permit open competition between private and public schools under rules which are similar to those which govern the University Interscholastic League (UIL). S.B. 266 prohibits UIL from denying private school students the opportunity to participate in an activity sponsored by UIL or denying a private school meeting other standard eligibility requirements the opportunity to become a member of a UIL district. This bill sets forth methods for a private school to participate in UIL activities or to become a member of a UIL district and the specific criteria it must meet and makes certain provisions with respect to standardized instruments a private school is required to administer in order to participate in a UIL activity. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter D, Chapter 33, Education Code, by adding Section 33.086, as follows: Sec. 33.086. PARTICIPATION IN UNIVERSITY INTERSCHOLASTIC LEAGUE ACTIVITIES. (a) Prohibits the University Interscholastic League (UIL) from denying a private school or its students participation in UIL-sponsored activities or the opportunity to become a member of an appropriate UIL district. (b) Provides that this section does not exempt a private school or its students from satisfying each eligibility requirement imposed by this subchapter, or UIL, for participating in an activity or UIL district sponsored by UIL. (c) Requires a private school seeking to participate in UIL activities or to become a member of a UIL district to apply to UIL on a signed, UIL-prescribed form. Requires the private school to certify its eligibility under this subchapter and UIL rules in the application and to attach proof of accreditation. Prohibits UIL from imposing eligibility requirements for private schools that exceed the requirements of this subchapter or UIL rules for public schools, nor may it require proof of eligibility exceeding the proof required of public schools. Requires UIL, upon approval of an application, to issue a certificate of approval to the applicant school. Specifies that the application and certificate of approval are government records for purposes of Section 37.10 (Tampering with Governmental Record), Penal Code. (d) Provides that to determine the appropriate UIL district in which an eligible private school will participate, UIL must multiply the school's enrollment by two and place the school in an appropriate UIL district based on that enrollment figure, provided that the school is placed in a district no lower than the 3A level. (e) Authorizes an eligible private school to draw students only from the same area as the public school district in which the private school is located for purposes of determining the eligibility of a student's participation in a UIL activity. (f) Requires a private school, in order to be eligible under this section, to be accredited by an accrediting organization recognized by the Texas Education Agency (agency); offer a four-year high school curriculum; offer interscholastic competition; require daily student attendance at a specific location; have a single sex student enrollment; and have an enrollment of no less than 500 students. SECTION 2. Amends Section 39.033, Education Code, as follows: Sec. 39.033. New title: ASSESSMENT OF PRIVATE SCHOOL STUDENTS. (a) Provides that a private school participating in a UIL activity or that is a member of a UIL district under Section 33.086, Education Code, must administer an assessment instrument adopted under this subchapter to students at the school. Authorizes a private school that does not participate in a UIL activity and is not a member of a UIL district under that section, under agreement with the agency, to administer an assessment instrument adopted under this subchapter to students at the school. (b) Makes conforming changes. (c) Requires the agency to aggregate the information described by Section 39.051(b) (Academic Excellence Indicators), Education Code, relating to students enrolled in a private school separately from the information relating to other students. (d) Redesignated from existing Subsection (c). (e) Redesignated from existing Subsection (d). SECTION 3. Makes this Act applicable beginning with the 1999-2000 school year. SECTION 4. Emergency clause. Effective date: upon passage.