reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 32 - Computers, Computer-Related Equipment, and Student Information Protection › Subchapter F. Education Internet Portal › Section 32.258. Student Assessment Data; Data Portal

Sec. 32.258.  STUDENT ASSESSMENT DATA; DATA PORTAL.  (a)  The agency shall establish and maintain a student assessment data portal for use by school districts, teachers, parents, students, and public institutions of higher education.  The agency shall establish a secure, interoperable system to be implemented through the portal under which:
(1)  a student or the student's parent or other person standing in parental relationship can easily access the student's individual assessment data;
(2)  an authorized employee of a school district, including a district teacher, can readily access individual assessment data of district students for use in developing strategies for improving student performance; and
(3)  an authorized employee of a public institution of higher education can readily access individual assessment data of students applying for admission for use in developing strategies for improving student performance.
(b)  The system established under Subsection (a) shall provide a means for a student or the student's parent or other person standing in parental relationship to track the student's progress on assessment instrument requirements for graduation.
(c)  The agency shall establish an interoperable system to be implemented through the portal under which general student assessment data is easily accessible to the public.
(d)  Student assessment data provided under this section must:
(1)  be available on or before the first instructional day of the school year following the year in which the data is collected; and
(2)  include student performance data on assessment instruments over multiple years, beginning with the 2007-2008 school year, including any data indicating progress in student achievement.
(e)  Each system established under this section must permit comparisons of student performance information at the classroom, campus, district, and state levels.
Added by Acts 2003, 78th Leg., ch. 1216, Sec. 16, eff. June 20, 2003.
Renumbered from Education Code, Section 32.158 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(13), eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 49, eff. June 19, 2009.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 32 - Computers, Computer-Related Equipment, and Student Information Protection › Subchapter G. Technology Lending Program Grants › Section 32.301. Establishment of Program

Sec. 32.301.  ESTABLISHMENT OF PROGRAM.  (a)  The commissioner may establish a grant program under which grants are awarded to school districts and open-enrollment charter schools to implement a technology lending program to provide students access to equipment necessary to access and use electronic instructional materials.
(b)  A school district or an open-enrollment charter school may apply to the commissioner to participate in the grant program.  In awarding grants under this subchapter for each school year, the commissioner shall consider:
(1)  the availability of existing equipment to students in the district or school;
(2)  other funding available to the district or school; and
(3)  the district's or school's technology plan.
(c)  The commissioner may determine the terms of a grant awarded under this section, including limits on the grant amount and approved uses of grant funds.
(d)  The commissioner may recover funds not used in accordance with the terms of a grant by withholding amounts from any state funds otherwise due to the school district or open-enrollment charter school.
Added by Acts 2017, 85th Leg., R.S., Ch. 705 (H.B. 3526), Sec. 20, eff. June 12, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 32 - Computers, Computer-Related Equipment, and Student Information Protection › Subchapter G. Technology Lending Program Grants › Section 32.302. Funding

Sec. 32.302.  FUNDING.  (a)  The commissioner may use not more than $25 million from the state instructional materials and technology fund under Section 31.021 each state fiscal biennium or a different amount determined by appropriation to administer a grant program established under this subchapter.
(b)  The cost of administering a grant program under this subchapter must be paid from funds described by Subsection (a).
Added by Acts 2017, 85th Leg., R.S., Ch. 705 (H.B. 3526), Sec. 20, eff. June 12, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 5.005(b), eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 32 - Computers, Computer-Related Equipment, and Student Information Protection › Subchapter G. Technology Lending Program Grants › Section 32.303. Use of Grant Funds

Sec. 32.303.  USE OF GRANT FUNDS.  (a)  A school district or open-enrollment charter school may use a grant awarded under Section 32.301 or other local funds to purchase, maintain, and insure equipment for a technology lending program.
(b)  Equipment purchased by a school district or open-enrollment charter school with a grant awarded under Section 32.301 is the property of the district or school.
Added by Acts 2017, 85th Leg., R.S., Ch. 705 (H.B. 3526), Sec. 20, eff. June 12, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 33 - Service Programs and Extracurricular Activities › Subchapter A. School Counselors and Counseling Programs › Section 33.002. Certified School Counselor

Sec. 33.002.  CERTIFIED SCHOOL COUNSELOR.  (a)  From funds appropriated for the purpose or other funds that may be used for the purpose, the commissioner shall distribute funds for programs under this subchapter. In distributing those funds, the commissioner shall give preference to a school district that received funds under this subsection for the preceding school year and then to the districts that have the highest concentration of students at risk of dropping out of school, as described by Section 29.081.  To receive funds for the program, a school district must apply to the commissioner.  For each school year that a school district receives funds under this subsection, the district shall allocate an amount of local funds for school guidance and counseling programs that is equal to or greater than the amount of local funds that the school district allocated for that purpose during the preceding school year. This section applies only to a school district that receives funds as provided by this subsection.
(b)  A school district with 500 or more students enrolled in elementary school grades shall employ a school counselor certified under the rules of the State Board for Educator Certification for each elementary school in the district.  A school district shall employ at least one school counselor for every 500 elementary school students in the district.
(c)  A school district with fewer than 500 students enrolled in elementary school grades shall provide guidance and counseling services to elementary school students by:
(1)  employing a part-time school counselor certified under the rules of the State Board for Educator Certification;
(2)  employing a part-time teacher certified as a school counselor under the rules of the State Board for Educator Certification; or
(3)  entering into a shared services arrangement agreement with one or more school districts to share a school counselor certified under the rules of the State Board for Educator Certification.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 6.005(a), eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 39, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 27, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 28, eff. June 14, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 33 - Service Programs and Extracurricular Activities › Subchapter A. School Counselors and Counseling Programs › Section 33.003. Parental Consent

Sec. 33.003.  PARENTAL CONSENT.  The board of trustees of each school district shall adopt guidelines to ensure that written consent is obtained from the parent, legal guardian, or person entitled to enroll the student under Section 25.001(j) for the student to participate in those activities for which the district requires parental consent.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 33 - Service Programs and Extracurricular Activities › Subchapter A. School Counselors and Counseling Programs › Section 33.004. Parental Involvement

Sec. 33.004.  PARENTAL INVOLVEMENT.  (a)  Each school shall obtain, and keep as part of the student's permanent record, written consent of the parent or legal guardian as required under Section 33.003.  The consent form shall include specific information on the content of the program and the types of activities in which the student will be involved.
(b)  Each school, before implementing a comprehensive school counseling program under Section 33.005, shall annually conduct a preview of the program for parents and guardians.  All materials, including curriculum to be used during the year that is not available digitally through an instructional materials parent portal under Section 31.154, must be available for a parent or guardian to preview during school hours.  Materials or curriculum not included in the materials on an instructional materials parent portal or available on the campus for preview may not be used.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.10, eff. December 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 47, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 33 - Service Programs and Extracurricular Activities › Subchapter A. School Counselors and Counseling Programs › Section 33.005. Comprehensive School Counseling Programs

Sec. 33.005.  COMPREHENSIVE SCHOOL COUNSELING PROGRAMS.  (a)  A school counselor shall work with the school faculty and staff, students, parents, and the community to plan, implement, and evaluate a comprehensive school counseling program that conforms to the most recent edition of the Texas Model for Comprehensive School Counseling Programs developed by the Texas Counseling Association.
(b)  The school counselor shall design the program to include:
(1)  a guidance curriculum to help students develop their full educational potential, including the student's interests and career objectives;
(2)  a responsive services component to intervene on behalf of any student whose immediate personal concerns or problems put the student's continued educational, career, personal, or social development at risk;
(3)  an individual planning system to guide a student as the student plans, monitors, and manages the student's own educational, career, personal, and social development; and
(4)  system support to support the efforts of teachers, staff, parents, and other members of the community in promoting the educational, career, personal, and social development of students.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2001, 77th Leg., ch. 1487, Sec. 2, eff. June 17, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 29, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.11, eff. December 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 33 - Service Programs and Extracurricular Activities › Subchapter B. Libraries › Section 33.021. Library Standards

Sec. 33.021.  LIBRARY STANDARDS.  (a)  In this section, "sexually explicit material" means any communication, language, or material, including a written description, illustration, photographic image, video image, or audio file, other than library material directly related to the curriculum required under Section 28.002(a), that describes, depicts, or portrays sexual conduct, as defined by Section 43.25, Penal Code, in a way that is patently offensive, as defined by Section 43.21, Penal Code.
(b)  The Texas State Library and Archives Commission, in consultation with the State Board of Education, shall adopt voluntary standards for school library services, other than collection development, that a school district shall consider in developing, implementing, or expanding library services.
(c)  The Texas State Library and Archives Commission, with approval by majority vote of the State Board of Education, shall adopt standards for school library collection development that a school district shall adhere to in developing or implementing the district's library collection development policies.
(d)  The standards adopted under Subsection (c) must:
(1)  be reviewed and updated at least once every five years; and
(2)  include a collection development policy that:
(A)  prohibits the possession, acquisition, and purchase of:
(i)  harmful material, as defined by Section 43.24, Penal Code;
(ii)  library material rated sexually explicit material by the selling library material vendor; or
(iii)  library material that is pervasively vulgar or educationally unsuitable as referenced in Pico v. Board of Education, 457 U.S. 853 (1982);
(B)  recognizes that obscene content is not protected by the First Amendment to the United States Constitution;
(C)  is required for all library materials available for use or display, including material contained in school libraries, classroom libraries, and online catalogs;
(D)  recognizes that parents are the primary decision makers regarding a student's access to library material;
(E)  encourages schools to provide library catalog transparency;
(F)  recommends schools communicate effectively with parents regarding collection development; and
(G)  prohibits the removal of material based solely on the:
(i)  ideas contained in the material; or
(ii)  personal background of:
(a)  the author of the material; or
(b)  characters in the material.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 808 (H.B. 900), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 33 - Service Programs and Extracurricular Activities › Subchapter B. Libraries › Section 33.022. Contract With County or Municipality

Sec. 33.022.  CONTRACT WITH COUNTY OR MUNICIPALITY.  (a)  A school district may enter into contracts with a county or municipality in which the district is located to provide joint library facilities.
(b)  The board of trustees of the school district and the commissioners court of the county or governing body of the municipality must conduct public hearings before entering into a contract under this section.  The hearings may be held jointly.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 33 - Service Programs and Extracurricular Activities › Subchapter C. Missing Child Prevention and Identification Programs › Section 33.051. Definitions

Sec. 33.051.  DEFINITIONS.  In this subchapter:
(1)  "Child" and "minor" have the meanings assigned by Section 101.003, Family Code.
(2)  "Missing child" means a child whose whereabouts are unknown to the legal custodian of the child and:
(A)  the circumstances of whose absence indicate that the child did not voluntarily leave the care and control of the custodian and that the taking of the child was not authorized by law; or
(B)  the child has engaged in conduct indicating a need for supervision under Section 51.03(b)(2), Family Code.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 16, eff. September 1, 2015.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 33 - Service Programs and Extracurricular Activities › Subchapter C. Missing Child Prevention and Identification Programs › Section 33.052. Missing Child Prevention and Identification Programs

Sec. 33.052.  MISSING CHILD PREVENTION AND IDENTIFICATION PROGRAMS.  (a)  The board of trustees of a school district or of a private school may participate in missing child prevention and identification programs, including fingerprinting and photographing as provided by this subchapter.
(b)  The board of trustees of a school district may delegate responsibility for implementation of the program to the district's school administration or to the district's community education services administration.
(c)  The chief administrative officer of each private primary or secondary school may participate in the programs and may contract with the regional education service center in which the school is located for operation of all or any part of the program through a shared services arrangement.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 33 - Service Programs and Extracurricular Activities › Subchapter C. Missing Child Prevention and Identification Programs › Section 33.053. Fingerprints of Children

Sec. 33.053.  FINGERPRINTS OF CHILDREN.  (a)  A missing child prevention and identification program may include a procedure for taking the fingerprints of each student registered in the school whose parent or legal custodian has consented in writing to the fingerprinting.  Fingerprints obtained under this section may be used only for the identification and location of a missing child.
(b)  The board of trustees of a school district or the chief administrative officer of a private school may establish a reasonable fee to cover the costs of fingerprinting not provided by volunteer assistance.  The fee may not exceed $3 for each child fingerprinted.  If the school charges a fee, the school may waive all or a portion of the costs of fingerprinting for educationally disadvantaged children.
(c)  A representative of a law enforcement agency of the county or the municipality in which the school district is located or of the Department of Public Safety, or a person trained in fingerprinting technique by a law enforcement agency or the Department of Public Safety, shall make one complete set of fingerprints on a fingerprint card for each child participating in the program.  If the school requests, the Department of Public Safety may provide fingerprint training to persons designated by the school.
(d)  A fingerprint card shall include a description of the child, including the name, address, date and place of birth, color of eyes and hair, weight, and sex of the child.
(e)  Except as provided by Section 33.054(b), the fingerprint card and other materials developed under this subchapter shall be made part of the school's permanent student records.
(f)  A state agency, law enforcement agency, or other person may not retain a copy of a child's fingerprints taken under this program.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 33 - Service Programs and Extracurricular Activities › Subchapter C. Missing Child Prevention and Identification Programs › Section 33.0531. Child Identification Program

Sec. 33.0531.  CHILD IDENTIFICATION PROGRAM.  (a)  The agency shall provide to all school districts and open-enrollment charter schools inkless, in-home fingerprint and DNA identification kits to be distributed through the district or school on request to the parent or legal custodian of any kindergarten, elementary, or middle school student.
(b)  A parent or legal custodian who receives a fingerprint and DNA identification kit may submit the kit to federal, state, tribal, or local law enforcement to help locate and return a missing or trafficked child.
Added by Acts 2021, 87th Leg., R.S., Ch. 891 (S.B. 2158), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 33 - Service Programs and Extracurricular Activities › Subchapter C. Missing Child Prevention and Identification Programs › Section 33.054. Photographs of Children

Sec. 33.054.  PHOTOGRAPHS OF CHILDREN.  (a)  A participating school shall retain a current photograph of each child registered in the school whose parent or legal custodian has consented in writing.  Photographs retained under this section may be used only for the identification and location of a missing child.
(b)  The photograph shall be retained by the participating school until the photograph is replaced by a subsequently made photograph under this section or until the expiration of three years, whichever is earlier.
(c)  On the request of a parent or legal custodian of a missing child, or of a peace officer who is engaged in the investigation of a missing child, a participating school may give to the parent, legal custodian, or peace officer a copy of that child's photograph held by the school under this section.  Except as provided by this subsection, a photograph held under this section may not be given to any person.
(d)  A participating school may charge a fee for making and keeping records of photographs under this section.  If the school charges a fee, the school may waive this fee for educationally disadvantaged children.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 33 - Service Programs and Extracurricular Activities › Subchapter C. Missing Child Prevention and Identification Programs › Section 33.055. Fingerprints and Photographs Not Used as Evidence

Sec. 33.055.  FINGERPRINTS AND PHOTOGRAPHS NOT USED AS EVIDENCE.  (a)  A child's fingerprint card made under Section 33.053 or a photograph of a child made or kept under Section 33.054 may not be used as evidence in any criminal proceeding in which the child is a defendant or in any case under Title 3, Family Code, in which the child is alleged to have engaged in delinquent conduct or in conduct indicating a need for supervision.
(b)  This subchapter does not apply to the use by a law enforcement agency for an official purpose of a photograph published in a school annual.
(c)  This subchapter does not prevent the use of a videotape or photograph taken to monitor the activity of students for disciplinary reasons or in connection with a criminal prosecution or an action under Title 3, Family Code.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 33 - Service Programs and Extracurricular Activities › Subchapter C. Missing Child Prevention and Identification Programs › Section 33.056. Liability for Nonperformance

Sec. 33.056.  LIABILITY FOR NONPERFORMANCE.  A person is not liable in any suit for damages for negligent performance or nonperformance of any requirement of this subchapter.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 33 - Service Programs and Extracurricular Activities › Subchapter C. Missing Child Prevention and Identification Programs › Section 33.057. Destruction of Fingerprints and Photographs

Sec. 33.057.  DESTRUCTION OF FINGERPRINTS AND PHOTOGRAPHS.  The agency shall adopt rules relating to the destruction of fingerprints and photographs made or kept under Section 33.053 or 33.054.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 891 (S.B. 2158), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 33 - Service Programs and Extracurricular Activities › Subchapter D. Extracurricular Activities › Section 33.0811. School District Policy on Absences to Participate in Extracurricular Activities

Sec. 33.0811.  SCHOOL DISTRICT POLICY ON ABSENCES TO PARTICIPATE IN EXTRACURRICULAR ACTIVITIES.  (a)  Notwithstanding Section 33.081(a), the board of trustees of a school district may adopt a policy establishing the number of times a student who is otherwise eligible to participate in an extracurricular activity under Section 33.081 may be absent from class to participate in an extracurricular activity sponsored or sanctioned by the district or the University Interscholastic League or by an organization sanctioned by resolution of the board of trustees of the district.
(b)  A policy adopted by the board of trustees of a district under this section:
(1)  prevails over a conflicting policy adopted under Section 33.081(a);  and
(2)  must permit a student to be absent from class at least 10 times during the school year.
Added by Acts 1999, 76th Leg., ch. 1482, Sec. 3, eff. June 19, 1999.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 33 - Service Programs and Extracurricular Activities › Subchapter D. Extracurricular Activities › Section 33.0812. Scheduling Extracurricular Activities Prohibited in Certain Circumstances

Sec. 33.0812.  SCHEDULING EXTRACURRICULAR ACTIVITIES PROHIBITED IN CERTAIN CIRCUMSTANCES.  (a)  The State Board of Education by rule shall prohibit participation in a University Interscholastic League area, regional, or state competition:
(1)  on Monday through Thursday of the school week in which the primary administration of assessment instruments under Section 39.023(a), (c), or (l) occurs; or
(2)  if the primary administration of the assessment instruments is completed before Thursday of the school week, beginning on Monday and ending on the last school day on which the assessment instruments are administered.
(b)  The commissioner shall determine the school week during the school year in which the primary administration of assessment instruments occurs for purposes of Subsection (a).
(c)  The commissioner shall adopt rules to provide the University Interscholastic League with a periodic calendar of dates reserved for testing for planning purposes under this section.  The periodic calendar must be provided at least every three years on or before May 1 of the year preceding the three-year cycle of reserved testing dates.
(d)  In adopting rules under this section, the commissioner shall:
(1)  include a procedure for changing, in exceptional circumstances, testing dates reserved under the periodic calendar;
(2)  define circumstances that constitute exceptional circumstances under Subdivision (1) as unforeseen events, including a natural disaster, severe weather, fire, explosion, or similar circumstances beyond the control of school districts or the agency; and
(3)  establish criteria for determining whether a University Interscholastic League area, regional, or state competition must be canceled if that event conflicts with a changed testing date.
(e)  This section does not apply to testing dates on which assessment instruments are administered only to students retaking assessment instruments.
Added by Acts 2005, 79th Leg., Ch. 812 (S.B. 658), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 33 - Service Programs and Extracurricular Activities › Subchapter D. Extracurricular Activities › Section 33.082. Extracurricular Activities; Use of Discriminatory Athletic Club

Sec. 33.082.  EXTRACURRICULAR ACTIVITIES;  USE OF DISCRIMINATORY ATHLETIC CLUB.  (a)  An extracurricular activity sponsored or sanctioned by a school district, including an athletic event or an athletic team practice, may not take place at an athletic club located in the United States that denies any person full and equal enjoyment of equipment or facilities provided by the athletic club because of the race, color, religion, creed, national origin, or sex of the person.
(b)  In this section, "athletic club" means an entity that provides sports or exercise equipment or facilities to its customers or members or to the guests of its customers or members.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 33 - Service Programs and Extracurricular Activities › Subchapter D. Extracurricular Activities › Section 33.0833. Participation in University Interscholastic League Activities by Students Receiving Outpatient Mental Health Services

Sec. 33.0833.  PARTICIPATION IN UNIVERSITY INTERSCHOLASTIC LEAGUE ACTIVITIES BY STUDENTS RECEIVING OUTPATIENT MENTAL HEALTH SERVICES.  (a)  This section applies to a student who:
(1)  receives outpatient mental health services from a mental health facility, as defined by Section 571.003, Health and Safety Code; and
(2)  is enrolled in a school district or open-enrollment charter school or otherwise receives public education services from a district or school.
(b)  The University Interscholastic League shall ensure that league rules do not exclude from eligibility for participation in a league activity a student to whom this section applies based solely on the criteria described in Subsection (a)(1).
(c)  A school district or open-enrollment charter school may not adopt or enforce policies that restrict participation in University Interscholastic League activities by a student to whom this section applies based solely on:
(1)  the criteria described in Subsection (a)(1); or
(2)  the student's absence during instructional time while receiving outpatient mental health services as described by Subsection (a)(1).
(d)  This section does not exempt a student to whom this section applies from any eligibility requirement for participation in University Interscholastic League activities other than an eligibility requirement based solely on the criteria described in Subsection (a)(1).
Added by Acts 2021, 87th Leg., R.S., Ch. 235 (H.B. 1080), Sec. 1, eff. June 4, 2021.
Redesignated from Education Code, Section 33.0832 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(11), eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 33 - Service Programs and Extracurricular Activities › Subchapter D. Extracurricular Activities › Section 33.0834. Interscholastic Athletic Competition Based on Biological Sex

Sec. 33.0834.  INTERSCHOLASTIC ATHLETIC COMPETITION BASED ON BIOLOGICAL SEX.  (a)  Except as provided by Subsection (b), an interscholastic athletic team sponsored or authorized by a school district or open-enrollment charter school may not allow a student to compete in an interscholastic athletic competition sponsored or authorized by the district or school that is designated for the biological sex opposite to the student's biological sex as correctly stated on:
(1)  the student's official birth certificate, as described by Subsection (c); or
(2)  if the student's official birth certificate described by Subdivision (1) is unobtainable, another government record.
(b)  An interscholastic athletic team described by Subsection (a) may allow a female student to compete in an interscholastic athletic competition that is designated for male students if a corresponding interscholastic athletic competition designated for female students is not offered or available.
(c)  For purposes of this section, a statement of a student's biological sex on the student's official birth certificate is considered to have correctly stated the student's biological sex only if the statement was:
(1)  entered at or near the time of the student's birth; or
(2)  modified to correct any type of scrivener or clerical error in the student's biological sex.
(d)  The University Interscholastic League shall adopt rules to implement this section, provided that the rules must be approved by the commissioner in accordance with Section 33.083(b).  The rules must ensure compliance with state and federal law regarding the confidentiality of student medical information, including Chapter 181, Health and Safety Code, and the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.).
Added by Acts 2021, 87th Leg., 3rd C.S., Ch. 2 (H.B. 25), Sec. 3, eff. January 18, 2022.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 33 - Service Programs and Extracurricular Activities › Subchapter D. Extracurricular Activities › Section 33.084. Interscholastic League Advisory Council

Sec. 33.084.  INTERSCHOLASTIC LEAGUE ADVISORY COUNCIL.  (a)  The interscholastic league advisory council is composed of:
(1)  two members of the State Board of Education appointed by the chair of the board;
(2)  a member of the house of representatives appointed by the speaker of the house;
(3)  a member of the senate appointed by the lieutenant governor;
(4)  two members of the legislative council of the University Interscholastic League appointed by the chairman of the council;
(5)  two public school board members appointed by the commissioner;  and
(6)  three members of the public appointed by the commissioner.
(b)  A member of the advisory council serves at the will of the member's appointing authority.
(c)  In appointing public members to the advisory council, the commissioner shall give special consideration to students, parents of students, and teachers.
(d)  The advisory council shall select a chair from among its members and shall meet at the call of the chair.
(e)  The advisory council shall review the rules of the University Interscholastic League and shall make recommendations relating to the rules to the governor, the legislature, the legislative council of the University Interscholastic League, and the State Board of Education.
(f)  A member of the advisory council may not receive compensation but is entitled to reimbursement from the University Interscholastic League for transportation expenses and the per diem allowance for state employees in accordance with the General Appropriations Act.
(g)  The advisory council shall study:
(1)  University Interscholastic League policy with respect to the eligibility of students to participate in programs;
(2)  geographic distribution of University Interscholastic League resources and programs;  and
(3)  gender equity.
(h)  An action of the University Interscholastic League relating to the provision of additional programs of school districts may not be taken pending submission of a final report by the advisory council.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 33 - Service Programs and Extracurricular Activities › Subchapter D. Extracurricular Activities › Section 33.086. Certification in Cardiopulmonary Resuscitation and First Aid

Sec. 33.086.  CERTIFICATION IN CARDIOPULMONARY RESUSCITATION AND FIRST AID.  (a)  A school district employee who serves as the head director of a school marching band or as the head coach or chief sponsor for an extracurricular athletic activity, including cheerleading, sponsored or sanctioned by a school district or the University Interscholastic League must maintain and submit to the district proof of current certification in first aid and cardiopulmonary resuscitation issued by the American Red Cross, the American Heart Association, or another organization that provides equivalent training and certification.
(b)  Each school district shall adopt, in accordance with the policy adopted under Section 21.4515, procedures necessary for administering this section, including procedures for the time and manner in which proof of current certification must be submitted.
Added by Acts 1999, 76th Leg., ch. 396, Sec. 2.14(a), eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 881, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 1045 (S.B. 1267), Sec. 14, eff. June 18, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 33 - Service Programs and Extracurricular Activities › Subchapter D. Extracurricular Activities › Section 33.087. Eligibility of Students Participating in Joint Credit or Concurrent Enrollment Programs

Sec. 33.087.  ELIGIBILITY OF STUDENTS PARTICIPATING IN JOINT CREDIT OR CONCURRENT ENROLLMENT PROGRAMS.  A student otherwise eligible to participate in an extracurricular activity or a University Interscholastic League competition is not ineligible because the student is enrolled in a course offered for joint high school and college credit, or in a course offered under a concurrent enrollment program, regardless of the location at which the course is provided.
Added by Acts 2007, 80th Leg., R.S., Ch. 199 (H.B. 208), Sec. 1, eff. May 24, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 33 - Service Programs and Extracurricular Activities › Subchapter D. Extracurricular Activities › Section 33.092. Student Election Clerks and Early Voting Clerks

Sec. 33.092.  STUDENT ELECTION CLERKS AND EARLY VOTING CLERKS.  A student who is appointed as a student election clerk under Section 32.0511, Election Code, or as a student early voting clerk under Section 83.012, Election Code, may apply the time served as a student election clerk or student early voting clerk toward:
(1)  a requirement for a school project at the discretion of the teacher who assigned the project; or
(2)  a service requirement for participation in an advanced academic course program at the discretion of the program sponsor or a school-sponsored extracurricular activity at the discretion of the school sponsor.
Added by Acts 2009, 81st Leg., R.S., Ch. 517 (S.B. 1134), Sec. 4, eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 542 (S.B. 553), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 33 - Service Programs and Extracurricular Activities › Subchapter D. Extracurricular Activities › Section 33.093. Recognition of Participation in Special Olympics

Sec. 33.093.  RECOGNITION OF PARTICIPATION IN SPECIAL OLYMPICS.  If a school district allows high school students to earn a letter for academic, athletic, or extracurricular achievements, the district must allow high school students in the district to earn a letter on the basis of a student's participation in a Special Olympics event.
Added by Acts 2017, 85th Leg., R.S., Ch. 261 (H.B. 1645), Sec. 1, eff. May 29, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 33 - Service Programs and Extracurricular Activities › Subchapter D. Extracurricular Activities › Section 33.094. Football Helmet Safety Requirements

Sec. 33.094.  FOOTBALL HELMET SAFETY REQUIREMENTS.  (a)  A school district may not use a football helmet that is 16 years old or older in the district's football program.
(b)  A school district shall ensure that each football helmet used in the district's football program that is 10 years old or older is reconditioned at least once every two years.
(c)  A school district shall maintain and make available to parents of students enrolled in the district documentation indicating the age of each football helmet used in the district's football program and the dates on which each helmet is reconditioned.
(d)  The University Interscholastic League may adopt rules necessary to implement this section, provided that the rules must be approved by the commissioner in accordance with Section 33.083(b).
Added by Acts 2011, 82nd Leg., R.S., Ch. 239 (H.B. 675), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 33 - Service Programs and Extracurricular Activities › Subchapter D. Extracurricular Activities › Section 33.099. Safety of Official

Sec. 33.099.  SAFETY OF OFFICIAL.  A school district or open-enrollment charter school that holds an extracurricular athletic activity or a University Interscholastic League athletic competition on district or school property shall provide a peace officer, a school resource officer, an administrator, or security personnel to ensure the safety of a referee, judge, or other official of the activity or competition until the official departs district or school property if:
(1)  a participant or spectator of the activity or competition engages in, attempts to engage in, or threatens violent conduct against the official or otherwise disrupts the duties or free movement of the official; or
(2)  the district or school reasonably suspects that an incident described by Subdivision (1) may occur at the activity or competition.
Added by Acts 2023, 88th Leg., R.S., Ch. 833 (H.B. 2484), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 33 - Service Programs and Extracurricular Activities › Subchapter E. Communities in Schools Program › Section 33.151. Definitions

Sec. 33.151.  DEFINITIONS.  In this subchapter:
(1)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1204, Sec. 4, eff. September 1, 2007.
(2)  "Communities In Schools program" means an exemplary youth dropout prevention program.
(3)  "Delinquent conduct" has the meaning assigned by Section 51.03, Family Code.
(4)  "Student at risk of dropping out of school" means:
(A)  a student at risk of dropping out of school as defined by Section 29.081;
(B)  a student who is eligible for a free or reduced lunch;  or
(C)  a student who is in family conflict or crisis.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Labor Code Sec. 216.001 by Acts 1995, 74th Leg., ch. 655, Sec. 11.05, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.69, eff. Sept. 1, 1997.  Redesignated from Labor Code, Sec. 305.001 and amended by Acts 1999, 76th Leg., ch. 489, Sec. 3, eff. Sept. 1, 1999.  Redesignated from Family Code, Sec. 264.751 and amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.118(a), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1205, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1204 (H.B. 1609), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 33 - Service Programs and Extracurricular Activities › Subchapter E. Communities in Schools Program › Section 33.152. Statewide Operation of Program

Sec. 33.152.  STATEWIDE OPERATION OF PROGRAM.  It is the intent of the legislature that the Communities In Schools program operate throughout this state.  It is also the intent of the legislature that programs established under Chapter 305, Labor Code, as that chapter existed on August 31, 1999, and its predecessor statute, the Texas Unemployment Compensation Act (Article 5221b-9d, Vernon's Texas Civil Statutes), and programs established under this subchapter shall remain eligible to participate in the Communities In Schools program if funds are available and if their performance meets the criteria established by the agency for renewal of their contracts.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Labor Code Sec. 216.002 by Acts 1995, 74th Leg., ch. 655, Sec. 11.05, eff. Sept. 1, 1995.  Redesignated from Labor Code Sec. 305.002 and amended by Acts 1999, 76th Leg., ch. 489, Sec. 3, eff. Sept. 1, 1999.  Redesignated from Family Code Sec. 264.752 and amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.118(a), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1205, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 33 - Service Programs and Extracurricular Activities › Subchapter E. Communities in Schools Program › Section 33.154. Duties of Commissioner

Sec. 33.154.  DUTIES OF COMMISSIONER.  (a)  The commissioner shall:
(1)  coordinate the efforts of the Communities In Schools program with other social service organizations and agencies and with public school personnel to provide services to students who are at risk of dropping out of school or engaging in delinquent conduct, including students who are in family conflict or emotional crisis;
(2)  set standards for the Communities In Schools program and establish state performance goals, objectives, and measures for the program, including performance goals, objectives, and measures that consider improvement in student:
(A)  behavior;
(B)  academic achievement; and
(C)  promotion, graduation, retention, and dropout rates;
(3)  obtain information to determine accomplishment of state performance goals, objectives, and measures;
(4)  promote and market the program in communities in which the program is not established;
(5)  help communities that want to participate in the program establish a local funding base;
(6)  provide training and technical assistance for participating communities and programs; and
(7)  adopt policies concerning:
(A)  the responsibility of the agency in encouraging local businesses to participate in local Communities In Schools programs;
(B)  the responsibility of the agency in obtaining information from participating school districts;
(C)  the use of federal or state funds available to the agency for programs of this nature;  and
(D)  any other areas concerning the program identified by the commissioner.
(b)  The commissioner shall adopt rules to implement the policies described by Subsection (a)(7) and shall annually update the rules.
(c)  Notwithstanding any provision of this subchapter, if the commissioner determines that a program consistently fails to achieve the performance goals, objectives, and measures established by the commissioner under Subsection (a)(2), the commissioner may withhold funding from that program and require the program to compete through a competitive bidding process to receive funding to participate in the program.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Labor Code Sec. 216.012 by Acts 1995, 74th Leg., ch. 655, Sec. 11.05, eff. Sept. 1, 1995.  Redesignated from Labor Code Sec. 305.012 and amended by Acts 1999, 76th Leg., ch. 489, Sec. 3, eff. Sept. 1, 1999.  Redesignated from Family Code Sec. 264.754 by Acts 2003, 78th Leg., ch. 198, Sec. 2.118(a), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1205, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1204 (H.B. 1609), Sec. 1, eff. September 1, 2007.