Office of House Bill AnalysisS.B. 266
By: Armbrister
Public Education


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. 


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 1.  Amends Subchapter D, Chapter 33, Education Code, by adding
Section 33.086, as follows: 

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:

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

SECTION 4.  Emergency clause.
  Effective date: upon passage.