HBA-JEK H.B. 1407 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1407
By: McCall
Public Education
4/12/2001
Introduced



BACKGROUND AND PURPOSE 

Current law does not provide home-schooled students access to public school
facilities.  As a matter of practice, a school's principal decides whether
to permit home-schooled students to utilize the school's facilities.  Yet,
if school principals offer services to home-schooled students, they are not
allowed to count these students in their school's average daily attendance
(ADA).  House Bill 1407 authorizes a homeschooled student to attend public
school as a part-time student for the purpose of using certain services and
participating in extracurricular activities, and includes these students in
the district's ADA. 

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. 

ANALYSIS

House Bill 1407 amends the Education Code to authorize the enrollment of a
home-schooled child as a part-time student in public school if the child is
entitled to attend public school in the school district and the district
and the child's parent or guardian agrees in writing to the child's
enrollment.  The bill authorizes a home-schooled student to participate in
an academic class on the same basis as a regularly enrolled student. The
bill authorizes a school district to furnish textbooks without cost to a
home-schooled student who is entitled to attend public school in the
district. 

H.B. 1407 authorizes a school district to establish a laboratory or other
facility for home-schooled students that is not located on a regular school
campus or to permit a home-schooled student to attend a district school to
use a laboratory or other facility located on a regular school campus.  The
bill also authorizes a school district to offer an online course to
home-schooled students for academic credit.  The bill authorizes a district
to permit a regularly enrolled student to use a laboratory or participate
in an online course for home-schooled students.  

H.B. 1407 entitles a home-schooled student to participate in an
extracurricular activity sponsored by the University Interscholastic League
(UIL) on behalf of the school district if the board of trustees of that
district adopts a policy authorizing such participation.  The bill
authorizes a district to permit a home-schooled student to participate in a
district-sponsored extracurricular activity.  The bill exempts a
home-schooled student participating in an extracurricular activity
sponsored by a school district or UIL from the provisions relating to the
suspension of a student from extracurricular activities for receiving an
unsatisfactory grade. This exemption does not apply to a student who
withdrew from regular enrollment in the district and became a home-schooled
student during such a suspension or during the last week of a grade
evaluation period.  Other than this exemption, a home-schooled student is
not exempt from satisfying, as provided by league rule, each eligibility
requirement for participating in a league-sponsored activity other than
class attendance requirements. 

H.B. 1407 includes certain home-schooled students in the average daily
attendance of a school district, and entitles a school district to include
a home-schooled student as a full-time student in the district's daily
attendance for each day of the minimum school year that a home-schooled
student participates in a course or an extracurricular activity or receives
services or textbooks.  The bill prohibits a school district from
administering an assessment instrument to a home-schooled student who is
included in the district's average daily attendance.   

The bill prohibits a school district from charging a home-schooled student
tuition, but requires the district to charge the student all applicable
fees charged to a regularly enrolled student.   

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. The provisions regarding the inclusion of
home-schooled students in the average daily attendance take effect
September 1, 2001.  The Act applies beginning with the 2001-2002 school
year.