SB 401

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
Sec. 33.0832.  EQUAL OPPORTUNITY FOR CERTAIN STUDENTS TO
PARTICIPATE IN UNIVERSITY INTERSCHOLASTIC LEAGUE ACTIVITIES.  (a)
(1)  "League" means the University Interscholastic
(2)  "Non-enrolled student" means a student who
receives instruction as described by Section 29.916(a)(1) from a
(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 Subsections (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
(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
(1)  registration for league activities;
(10)  standards of behavior; and
(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
(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
(j)  The league may not prohibit a non-enrolled student from
participating in league activities in the manner authorized by this
(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
(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
(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
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.