| |
| |
| |
|
|
AN ACT
|
|
|
relating to prohibiting a student from participating in future |
|
|
extracurricular activities for certain conduct involving the |
|
|
assault of an extracurricular activity official. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 33.081, Education Code, is amended by |
|
|
adding Subsections (e-1), (e-2), (e-3), (e-4), and (h) and amending |
|
|
Subsections (f) and (g) to read as follows: |
|
|
(e-1) A student who is enrolled in a school district in this |
|
|
state or who participates in a University Interscholastic League |
|
|
competition shall be prohibited from participation in any future |
|
|
extracurricular activity sponsored or sanctioned by the school |
|
|
district or the University Interscholastic League if the state |
|
|
executive committee of the league determines that the student |
|
|
intentionally, knowingly, or recklessly causes bodily injury to a |
|
|
person serving as referee, judge, or other official of an |
|
|
extracurricular activity in retaliation for or as a result of the |
|
|
person's actions taken in performing the duties of a referee, |
|
|
judge, or other official of the extracurricular activity. |
|
|
(e-2) A student prohibited from participation in an |
|
|
extracurricular activity under Subsection (e-1) may submit to the |
|
|
University Interscholastic League a request that the student be |
|
|
permitted to participate in future extracurricular activities |
|
|
sponsored or sanctioned by the University Interscholastic League |
|
|
if: |
|
|
(1) the request is submitted at least: |
|
|
(A) one year after the date the student engaged |
|
|
in the conduct that resulted in the prohibition under Subsection |
|
|
(e-1) if the student was enrolled in eighth grade or below at the |
|
|
time of the conduct; or |
|
|
(B) two years after the date the student engaged |
|
|
in the conduct that resulted in the prohibition under Subsection |
|
|
(e-1) if the student was enrolled in ninth grade or above at the |
|
|
time of the conduct; |
|
|
(2) the student: |
|
|
(A) completed a course in anger management since |
|
|
engaging in the conduct that resulted in the prohibition under |
|
|
Subsection (e-1); |
|
|
(B) completed any other course, activity, or |
|
|
action required by the school district in which the student is |
|
|
enrolled as a result of the conduct that resulted in the prohibition |
|
|
under Subsection (e-1); and |
|
|
(C) demonstrates, to the satisfaction of the |
|
|
school district and the University Interscholastic League, that the |
|
|
student has been rehabilitated and is unlikely to again engage in |
|
|
the conduct described by Subsection (e-1); and |
|
|
(3) a previous request submitted by the student under |
|
|
this section has not been denied during the school year in which the |
|
|
request is submitted. |
|
|
(e-3) When determining whether to grant a request under |
|
|
Subsection (e-2), the University Interscholastic League: |
|
|
(1) shall take into account the severity of the |
|
|
conduct that resulted in the prohibition under Subsection (e-1); |
|
|
and |
|
|
(2) may set conditions for the student's future |
|
|
participation in extracurricular activities. |
|
|
(e-4) The University Interscholastic League may prohibit a |
|
|
student from participating in any future extracurricular activity |
|
|
sponsored or sanctioned by the University Interscholastic League if |
|
|
the student violates a condition set by the University |
|
|
Interscholastic League under Subsection (e-3)(2). |
|
|
(f) Except for a student prohibited from participation |
|
|
under Subsection (e-1), a [A] student suspended under this section |
|
|
may practice or rehearse with other students for an extracurricular |
|
|
activity but may not participate in a competition or other public |
|
|
performance. |
|
|
(g) An appeal to the commissioner is not a contested case |
|
|
under Chapter 2001, Government Code, if the issues presented relate |
|
|
to a student's eligibility to participate in extracurricular |
|
|
activities, including issues related to the student's grades, [or] |
|
|
the school district's grading policy as applied to the student's |
|
|
eligibility, or the student's eligibility based on conduct |
|
|
described by Subsection (e-1). The commissioner may delegate the |
|
|
matter for decision to a person the commissioner designates. The |
|
|
decision of the commissioner or the commissioner's designee in a |
|
|
matter governed by this subsection may not be appealed except on the |
|
|
grounds that the decision is arbitrary or capricious. Evidence may |
|
|
not be introduced on appeal other than the record of the evidence |
|
|
before the commissioner. |
|
|
(h) A request made under Subsection (e-2) is not a contested |
|
|
case subject to Chapter 2001, Government Code. |
|
|
SECTION 2. This Act applies beginning with the 2021-2022 |
|
|
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, 2021. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 2721 was passed by the House on May 8, |
|
|
2021, by the following vote: Yeas 135, Nays 4, 2 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 2721 on May 28, 2021, by the following vote: Yeas 142, Nays 3, |
|
|
1 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 2721 was passed by the Senate, with |
|
|
amendments, on May 20, 2021, by the following vote: Yeas 31, Nays |
|
|
0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |