CHAPTER 33. SERVICE PROGRAMS AND EXTRACURRICULAR ACTIVITIES - 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

Sec. 33.002. CERTIFIED 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 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 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 counselor certified under the rules of

the State Board for Educator Certification;

(2) employing a part-time teacher certified as a 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 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, Sec. 39, eff. September 1, 2009.

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.

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 and

developmental guidance and counseling program, shall annually

conduct a preview of the program for parents and guardians. All

materials, including curriculum to be used during the year, must

be available for a parent or guardian to preview during school

hours. Materials or curriculum not included in the materials

available on the campus for preview may not be used.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 33.005. DEVELOPMENTAL GUIDANCE AND COUNSELING PROGRAMS. A

school counselor shall work with the school faculty and staff,

students, parents, and the community to plan, implement, and

evaluate a developmental guidance and counseling program. The

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.

Sec. 33.006. COUNSELORS. (a) The primary responsibility of a

school counselor is to counsel students to fully develop each

student's academic, career, personal, and social abilities.

(b) In addition to a school counselor's responsibility under

Subsection (a), the counselor shall:

(1) participate in planning, implementing, and evaluating a

comprehensive developmental guidance program to serve all

students and to address the special needs of students:

(A) who are at risk of dropping out of school, becoming

substance abusers, participating in gang activity, or committing

suicide;

(B) who are in need of modified instructional strategies; or

(C) who are gifted and talented, with emphasis on identifying

and serving gifted and talented students who are educationally

disadvantaged;

(2) consult with a student's parent or guardian and make

referrals as appropriate in consultation with the student's

parent or guardian;

(3) consult with school staff, parents, and other community

members to help them increase the effectiveness of student

education and promote student success;

(4) coordinate people and resources in the school, home, and

community;

(5) with the assistance of school staff, interpret standardized

test results and other assessment data that help a student make

educational and career plans; and

(6) deliver classroom guidance activities or serve as a

consultant to teachers conducting lessons based on the school's

guidance curriculum.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 2001, 77th Leg., ch. 1487, Sec. 3, eff.

June 17, 2001.

Sec. 33.007. COUNSELING REGARDING HIGHER EDUCATION. (a) Each

counselor at an elementary, middle, or junior high school,

including an open-enrollment charter school offering those

grades, shall advise students and their parents or guardians

regarding the importance of higher education, coursework designed

to prepare students for higher education, and financial aid

availability and requirements.

(b) During the first school year a student is enrolled in a high

school or at the high school level in an open-enrollment charter

school, and again during a student's senior year, a counselor

shall provide information about higher education to the student

and the student's parent or guardian. The information must

include information regarding:

(1) the importance of higher education;

(2) the advantages of completing the recommended or advanced

high school program adopted under Section 28.025(a);

(3) the disadvantages of taking courses to prepare for a high

school equivalency examination relative to the benefits of taking

courses leading to a high school diploma;

(4) financial aid eligibility;

(5) instruction on how to apply for federal financial aid;

(6) the center for financial aid information established under

Section 61.0776;

(7) the automatic admission of certain students to general

academic teaching institutions as provided by Section 51.803;

(8) the eligibility and academic performance requirements for

the TEXAS Grant as provided by Subchapter M, Chapter 56; and

(9) the availability of programs in the district under which a

student may earn college credit, including advanced placement

programs, dual credit programs, joint high school and college

credit programs, and international baccalaureate programs.

(c) At the beginning of grades 10 and 11, a school counselor

certified under the rules of the State Board for Educator

Certification shall explain the requirements of automatic

admission to a general academic teaching institution under

Section 51.803 to each student enrolled in a high school or at

the high school level in an open-enrollment charter school who

has a grade point average in the top 25 percent of the student's

high school class.

Added by Acts 2001, 77th Leg., ch. 1223, Sec. 1, eff. June 15,

2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

973, Sec. 2, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1342, Sec. 4, eff. June 19, 2009.

SUBCHAPTER B. LIBRARIES

Sec. 33.021. LIBRARY STANDARDS. The Texas State Library and

Archives Commission, in consultation with the State Board of

Education, shall adopt standards for school library services. A

school district shall consider the standards in developing,

implementing, or expanding library services.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

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.

SUBCHAPTER C. MISSING CHILD PREVENTION AND IDENTIFICATION

PROGRAMS

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)(3), Family Code.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

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.

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.

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.

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.

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.

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 this subchapter.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

SUBCHAPTER D. EXTRACURRICULAR ACTIVITIES

Sec. 33.081. EXTRACURRICULAR ACTIVITIES. (a) The State Board

of Education by rule shall limit participation in and practice

for extracurricular activities during the school day and the

school week. The rules must, to the extent possible, preserve the

school day for academic activities without interruption for

extracurricular activities. In scheduling those activities and

practices, a school district must comply with the rules of the

board.

(b) A student enrolled in a school district in this state or who

participates in an extracurricular activity or a University

Interscholastic League competition is subject to school district

policy and University Interscholastic League rules regarding

participation only when the student is under the direct

supervision of an employee of the school or district in which the

student is enrolled or at any other time specified by resolution

of the board of trustees of the district.

(c) A student who is enrolled in a school district in this state

or who participates in a University Interscholastic League

competition shall be suspended from participation in any

extracurricular activity sponsored or sanctioned by the school

district or the University Interscholastic League after a grade

evaluation period in which the student received a grade lower

than the equivalent of 70 on a scale of 100 in any academic class

other than a course described by Subsection (d-1). A suspension

continues for at least three school weeks and is not removed

during the school year until the conditions of Subsection (d) are

met. A suspension does not last beyond the end of a school year.

For purposes of this subsection, "grade evaluation period"

means:

(1) the six-week grade reporting period; or

(2) the first six weeks of a semester and each grade reporting

period thereafter, in the case of a district with a grade

reporting period longer than six weeks.

(d) Until the suspension is removed under this subsection or the

school year ends, a school district shall review the grades of a

student suspended under Subsection (c) at the end of each

three-week period following the date on which the suspension

began. At the time of a review, the suspension is removed if the

student's grade in each class, other than a course described by

Subsection (d-1), is equal to or greater than the equivalent of

70 on a scale of 100. The principal and each of the student's

teachers shall make the determination concerning the student's

grades.

(d-1) Subsections (c) and (d) do not apply to an advanced

placement or international baccalaureate course, or to an honors

or dual credit course in the subject areas of English language

arts, mathematics, science, social studies, economics, or a

language other than English. The agency shall review on a

biennial basis courses described by this subsection to determine

if other courses should be excluded from the requirement that a

student be suspended from participation in an extracurricular

activity under Subsection (c). Not later than January 1 of each

odd-numbered year, the agency shall report the findings under

this subsection to the legislature.

(e) Suspension of a student with a disability that significantly

interferes with the student's ability to meet regular academic

standards must be based on the student's failure to meet the

requirements of the student's individualized education program.

The determination of whether a disability significantly

interferes with a student's ability to meet regular academic

standards must be made by the student's admission, review, and

dismissal committee. For purposes of this subsection, "student

with a disability" means a student who is eligible for a

district's special education program under Section 29.003(b).

(f) 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. 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.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 1999, 76th Leg., ch. 1482, Sec. 2, eff.

June 19, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1327, Sec. 1, eff. June 15, 2007.

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.

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, Sec. 1, eff. June 17, 2005.

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.

Sec. 33.083. INTERSCHOLASTIC LEAGUES. (a) The rules and

procedures of an organization sanctioning or conducting

interscholastic competition, including rules providing penalties

for rules violations by school district personnel, must be

consistent with State Board of Education rules.

(b) The University Interscholastic League is a part of The

University of Texas at Austin and must submit its rules and

procedures to the commissioner for approval or disapproval. The

funds belonging to the University Interscholastic League shall be

deposited with The University of Texas at Austin for the benefit

of the league and shall be subject to audits by The University of

Texas at Austin, The University of Texas System, and the state

auditor. Copies of annual audits shall be furnished, on request,

to members of the legislature.

(c) The State Board of Education may seek an injunction to

enforce this section.

(d) The University Interscholastic League shall file annually

with the governor and the presiding officer of each house of the

legislature a complete and detailed written report accounting for

all funds received and disbursed by the University

Interscholastic League during the preceding fiscal year. The form

of the annual report and the reporting time are as provided by

the General Appropriations Act.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 1999, 76th Leg., ch. 1482, Sec. 4, eff.

June 19, 1999.

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.

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 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.

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, Sec. 1, eff. May 24, 2007.

Sec. 33.091. PREVENTION OF ILLEGAL STEROID USE; RANDOM TESTING.

(a) In this section:

(1) "League" means the University Interscholastic League.

(2) "Parent" includes a guardian or other person standing in

parental relation.

(3) "Steroid" means an anabolic steroid as described by Section

481.104, Health and Safety Code.

(b) The league shall adopt rules prohibiting a student from

participating in an athletic competition sponsored or sanctioned

by the league unless:

(1) the student agrees not to use steroids and, if the student

is enrolled in high school, the student submits to random testing

for the presence of illegal steroids in the student's body, in

accordance with the program established under Subsection (d); and

(2) the league obtains from the student's parent a statement

signed by the parent and acknowledging that:

(A) the parent's child, if enrolled in high school, may be

subject to random steroid testing;

(B) state law prohibits possessing, dispensing, delivering, or

administering a steroid in a manner not allowed by state law;

(C) state law provides that bodybuilding, muscle enhancement, or

the increase of muscle bulk or strength through the use of a

steroid by a person who is in good health is not a valid medical

purpose;

(D) only a licensed practitioner with prescriptive authority may

prescribe a steroid for a person; and

(E) a violation of state law concerning steroids is a criminal

offense punishable by confinement in jail or imprisonment in the

Texas Department of Criminal Justice.

(c) The league shall:

(1) develop an educational program for students engaged in

extracurricular athletic activities sponsored or sanctioned by

the league, parents of those students, and coaches of those

activities regarding the health effects of steroid use; and

(2) make the program available to school districts.

(c-1) A school district shall require that each district

employee who serves as an athletic coach at or above the seventh

grade level for an extracurricular athletic activity sponsored or

sanctioned by the league complete:

(1) the educational program developed by the league under

Subsection (c); or

(2) a comparable program developed by the district or a private

entity with relevant expertise.

(d) The league shall adopt rules for the annual administration

of a steroid testing program under which high school students

participating in an athletic competition sponsored or sanctioned

by the league are tested at multiple times throughout the year

for the presence of steroids in the students' bodies. The

testing program must:

(1) require the random testing of a statistically significant

number of high school students in this state who participate in

athletic competitions sponsored or sanctioned by the league;

(2) provide for the selection of specific students described by

Subdivision (1) for testing through a process that randomly

selects students from a single pool consisting of all students

who participate in any activity for which the league sponsors or

sanctions athletic competitions;

(3) be administered at approximately 30 percent of the high

schools in this state that participate in athletic competitions

sponsored or sanctioned by the league;

(4) provide for a process for confirming any initial positive

test result through a subsequent test conducted as soon as

practicable after the initial test, using a sample that was

obtained at the same time as the sample used for the initial

test;

(5) require the testing to be performed only by an anabolic

steroid testing laboratory with a current certification from the

Substance Abuse and Mental Health Services Administration of the

United States Department of Health and Human Services, the World

Anti-Doping Agency, or another appropriate national or

international certifying organization; and

(6) provide for a period of ineligibility from participation in

an athletic competition sponsored or sanctioned by the league for

any student with a confirmed positive test result or any student

who refuses to submit to random testing.

(e) Results of a steroid test conducted under Subsection (d) are

confidential and, unless required by court order, may be

disclosed only to the student and the student's parent and the

activity directors, principal, and assistant principals of the

school attended by the student.

(f) From funds already appropriated, the agency shall pay the

costs of the steroid testing program established under Subsection

(d).

(g) The league may increase the membership fees required of

school districts that participate in athletic competitions

sponsored or sanctioned by the league in an amount necessary to

offset the cost of league activities under this section.

(h) Subsection (b)(1) does not apply to the use by a student of

a steroid that is dispensed, prescribed, delivered, and

administered by a medical practitioner for a valid medical

purpose and in the course of professional practice, and a student

is not subject to a period of ineligibility under Subsection

(d)(6) on the basis of that steroid use.

Added by Acts 2005, 79th Leg., Ch.

1177, Sec. 1, eff. June 18, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1292, Sec. 1, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1292, Sec. 2, eff. June 15, 2007.

Sec. 33.092. STUDENT ELECTION CLERKS. A student who is

appointed as a student election clerk under Section 32.0511,

Election Code, may apply the time served as a student election

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, Sec. 4, eff. September 1, 2009.

SUBCHAPTER E. COMMUNITIES IN SCHOOLS PROGRAM

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, Sec. 4, eff. September 1, 2007.

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.

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, Sec. 1, eff. September 1, 2007.

Sec. 33.155. COOPERATION WITH COMMUNITIES IN SCHOOLS, INC. The

agency and Communities In Schools, Inc. shall work together to

maximize the effectiveness of the Communities In Schools program.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Renumbered from Labor Code Sec. 216.013 by Acts 1995, 74th Leg.,

ch. 655, Sec. 11.05, eff. Sept. 1, 1995. Redesignated from Labor

Code Sec. 305.013 and amended by Acts 1999, 76th Leg., ch. 489,

Sec. 3, eff. Sept. 1, 1999. Redesignated from Family Code Sec.

264.755 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, Sec. 1, eff. September 1, 2007.

Sec. 33.156. FUNDING; EXPANSION OF PARTICIPATION. (a) The

agency shall develop and implement an equitable formula for the

funding of local Communities In Schools programs. The formula may

provide for the reduction of funds annually contributed by the

state to a local program by an amount not more than 50 percent of

the amount contributed by the state for the first year of the

program. The formula must consider the financial resources of

individual communities and school districts. Savings accomplished

through the implementation of the formula may be used to extend

services to counties and municipalities currently not served by a

local program or to extend services to counties and

municipalities currently served by an existing local program.

(b) Each local Communities In Schools program shall develop a

funding plan which ensures that the level of services is

maintained if state funding is reduced.

(c) A local Communities In Schools program may accept federal

funds, state funds, private contributions, grants, and public and

school district funds to support a campus participating in the

program.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.40(a), eff. Sept.

1, 1995. Renumbered from Labor Code Sec. 216.021 and amended by

Acts 1995, 74th Leg., ch. 655, Sec. 11.05, eff. Sept. 1, 1995.

Redesignated from Labor Code Sec. 305.021 and amended by Acts

1999, 76th Leg., ch. 489, Sec. 3, eff. Sept. 1, 1999.

Redesignated from Family Code Sec. 264.756 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.

Sec. 33.157. PARTICIPATION IN PROGRAM. An elementary or

secondary school receiving funding under Section 33.156 shall

participate in a local Communities In Schools program if the

number of students enrolled in the school who are at risk of

dropping out of school is equal to at least 10 percent of the

number of students in average daily attendance at the school, as

determined by the agency.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Renumbered from Labor Code Sec. 216.022 and amended by Acts 1995,

74th Leg., ch. 655, Sec. 11.05, eff. Sept. 1, 1995. Redesignated

from Labor Code Sec. 305.022 and amended Acts 1999, 76th Leg.,

ch. 489, Sec. 3, eff. Sept. 1, 1999. Redesignated from Family

Code Sec. 264.757 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.

Sec. 33.158. DONATIONS TO PROGRAM. (a) The agency may accept a

donation of services or money or other property that the agency

determines furthers the lawful objectives of the agency in

connection with the Communities In Schools program.

(b) Each donation, with the name of the donor and the purpose of

the donation, must be reported in the public records of the

agency.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Renumbered from Labor Code Sec. 216.031 by Acts 1995, 74th Leg.,

ch. 655, Sec. 11.05, eff. Sept. 1, 1995. Redesignated from Labor

Code Sec. 305.031 and amended by Acts 1999, 76th Leg., ch. 489,

Sec. 3, eff. Sept. 1, 1999. Redesignated from Family Code Sec.

264.758 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.

Sec. 33.159. AGENCY PERFORMANCE OF COMMUNITIES IN SCHOOLS

FUNCTIONS REQUIRED. The agency, through the Communities In

Schools State Office:

(1) must perform each function concerning the Communities In

Schools program for which the agency is responsible; and

(2) may not contract with a private entity to perform a function

described by Subdivision (1).

Added by Acts 2007, 80th Leg., R.S., Ch.

1204, Sec. 2, eff. September 1, 2007.

SUBCHAPTER F. SAFETY REGULATIONS FOR CERTAIN

EXTRACURRICULAR ACTIVITIES

Sec. 33.201. APPLICABILITY. This subchapter applies to each

public school in this state and to any other school in this state

subject to University Interscholastic League rules.

Added by Acts 2007, 80th Leg., R.S., Ch.

1296, Sec. 1, eff. June 15, 2007.

Sec. 33.202. SAFETY TRAINING REQUIRED. (a) The commissioner by

rule shall develop and adopt an extracurricular activity safety

training program as provided by this section. In developing the

program, the commissioner may use materials available from the

American Red Cross, Emergency Medical Systems (EMS), or another

appropriate entity.

(b) The following persons must satisfactorily complete the

safety training program:

(1) a coach, trainer, or sponsor for an extracurricular athletic

activity;

(2) except as provided by Subsection (f), a physician who is

employed by a school or school district or who volunteers to

assist with an extracurricular athletic activity; and

(3) a director responsible for a school marching band.

(c) The safety training program must include:

(1) certification of participants by the American Red Cross, the

American Heart Association, or a similar organization or the

University Interscholastic League, as determined by the

commissioner;

(2) current training in:

(A) emergency action planning;

(B) cardiopulmonary resuscitation if the person is not required

to obtain certification under Section 33.086;

(C) communicating effectively with 9-1-1 emergency service

operators and other emergency personnel; and

(D) recognizing symptoms of potentially catastrophic injuries,

including head and neck injuries, concussions, injuries related

to second impact syndrome, asthma attacks, heatstroke, cardiac

arrest, and injuries requiring use of a defibrillator; and

(3) at least once each school year, a safety drill that

incorporates the training described by Subdivision (2) and

simulates various injuries described by Subdivision (2)(D).

(d) A school district shall provide training to students

participating in an extracurricular athletic activity related to:

(1) recognizing the symptoms of injuries described by Subsection

(c)(2)(D); and

(2) the risks of using dietary supplements designed to enhance

or marketed as enhancing athletic performance.

(e) The safety training program and the training under

Subsection (d) may each be conducted by a school or school

district or by an organization described by Subsection (c)(1).

(f) A physician who is employed by a school or school district

or who volunteers to assist with an extracurricular athletic

activity is not required to complete the safety training program

if the physician attends a continuing medical education course

that specifically addresses emergency medicine.

Added by Acts 2007, 80th Leg., R.S., Ch.

1296, Sec. 1, eff. June 15, 2007.

Sec. 33.203. COMPLETION OF UNIVERSITY INTERSCHOLASTIC LEAGUE

FORMS. (a) Each student participating in an extracurricular

athletic activity must complete the University Interscholastic

League forms entitled "Preparticipation Physical

Evaluation--Medical History" and "Acknowledgment of Rules." Each

form must be signed by both the student and the student's parent

or guardian.

(b) Each form specified by Subsection (a) must clearly state

that failure to accurately and truthfully answer all questions on

a form required by statute or by the University Interscholastic

League as a condition for participation in an extracurricular

athletic activity subjects a signer of the form to penalties

determined by the University Interscholastic League.

Added by Acts 2007, 80th Leg., R.S., Ch.

1296, Sec. 1, eff. June 15, 2007.

Sec. 33.204. CERTAIN UNSAFE ATHLETIC ACTIVITIES PROHIBITED. A

coach, trainer, or sponsor for an extracurricular athletic

activity may not encourage or permit a student participating in

the activity to engage in any unreasonably dangerous athletic

technique that unnecessarily endangers the health of a student,

including using a helmet or any other sports equipment as a

weapon.

Added by Acts 2007, 80th Leg., R.S., Ch.

1296, Sec. 1, eff. June 15, 2007.

Sec. 33.205. CERTAIN SAFETY PRECAUTIONS REQUIRED. (a) A coach,

trainer, or sponsor for an extracurricular athletic activity

shall at each athletic practice or competition ensure that:

(1) each student participating in the activity is adequately

hydrated;

(2) any prescribed asthma medication for a student participating

in the activity is readily available to the student;

(3) emergency lanes providing access to the practice or

competition area are open and clear; and

(4) heatstroke prevention materials are readily available.

(b) If a student participating in an extracurricular athletic

activity, including a practice or competition, becomes

unconscious during the activity, the student may not:

(1) return to the practice or competition during which the

student became unconscious; or

(2) participate in any extracurricular athletic activity until

the student receives written authorization for such participation

from a physician.

Added by Acts 2007, 80th Leg., R.S., Ch.

1296, Sec. 1, eff. June 15, 2007.

Sec. 33.206. COMPLIANCE; ENFORCEMENT. (a) In accordance with

Chapter 552, Government Code, a school shall make available to

the public proof of compliance for each person enrolled in,

employed by, or volunteering for the school who is required to

receive safety training described by Section 33.202.

(b) The superintendent of a school district or the director of a

school subject to this subchapter shall maintain complete and

accurate records of the district's or school's compliance with

Section 33.202.

(c) A school campus that is determined by the school's

superintendent or director to be out of compliance with Section

33.202, 33.204, or 33.205 with regard to University

Interscholastic League activities shall be subject to the range

of penalties determined by the University Interscholastic League.

Added by Acts 2007, 80th Leg., R.S., Ch.

1296, Sec. 1, eff. June 15, 2007.

Sec. 33.207. CONTACT INFORMATION. (a) The commissioner shall

maintain an existing telephone number and an electronic mail

address to allow a person to report a violation of this

subchapter.

(b) Each school that offers an extracurricular athletic activity

shall prominently display at the administrative offices of the

school the telephone number and electronic mail address

maintained under Subsection (a).

Added by Acts 2007, 80th Leg., R.S., Ch.

1296, Sec. 1, eff. June 15, 2007.

Sec. 33.208. NOTICE REQUIRED. (a) A school that offers an

extracurricular athletic activity shall provide to each student

participating in an extracurricular athletic activity and to the

student's parent or guardian a copy of the text of Sections

33.201-33.207 and a copy of the University Interscholastic

League's parent information manual.

(b) A document required to be provided under this section may be

provided in an electronic format unless otherwise requested by a

student, parent, or guardian.

Added by Acts 2007, 80th Leg., R.S., Ch.

1296, Sec. 1, eff. June 15, 2007.

Sec. 33.209. INCORPORATION OF SAFETY REGULATIONS. The

University Interscholastic League shall incorporate the

provisions of Sections 33.203-33.207 into the league's

constitution and contest rules.

Added by Acts 2007, 80th Leg., R.S., Ch.

1296, Sec. 1, eff. June 15, 2007.

Sec. 33.210. IMMUNITY FROM LIABILITY. This subchapter does not

waive any liability or immunity of a school district or its

officers or employees. This subchapter does not create any

liability for or a cause of action against a school district or

its officers or employees.

Added by Acts 2007, 80th Leg., R.S., Ch.

1296, Sec. 1, eff. June 15, 2007.

Sec. 33.211. LIMITATION ON LIABILITY. A person who volunteers

to assist with an extracurricular activity is not liable for

civil damages arising out of an act or omission relating to the

requirements under Section 33.205 unless the act or omission is

willfully or wantonly negligent.

Added by Acts 2007, 80th Leg., R.S., Ch.

1296, Sec. 1, eff. June 15, 2007.

SUBCHAPTER Z. MISCELLANEOUS PROVISIONS

Sec. 33.901. BREAKFAST PROGRAMS. If at least 10 percent of the

students enrolled in one or more schools in a school district or

enrolled in an open-enrollment charter school are eligible for

free or reduced-price breakfasts under the national school

breakfast program provided for by the Child Nutrition Act of 1966

(42 U.S.C. Section 1773), the governing body of the district or

the open-enrollment charter school shall participate in the

program and make the benefits of the program available to all

eligible students in the schools or school.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 33.902. PUBLIC SCHOOL CHILD CARE. (a) In this section,

"school-age students" means children enrolled as students in

prekindergarten through grade 7.

(b) Each school district that on September 1 of a school year

has a student membership of more than 5,000 and that does not

provide directly or by contract child care services before and

after the school day and during school holidays and vacations for

the district's school-age students shall annually consider,

during at least two public hearings, the need for and

availability of child care before, after, or both before and

after the school day and during school holidays and vacations for

the district's school-age students.

(c) The district shall effectively publicize the hearings and

hold all the hearings before the start of the school year. The

Work and Family Policies Clearinghouse in the Texas Workforce

Commission, not later than May 1 of each year, shall distribute

to each school district described by Subsection (b) information

that describes model prekindergarten and school-age child care

programs and explains how a school district may obtain funds

through the federal Dependent Care Development Grant program or

other grant programs. A school district shall distribute the

information received from the clearinghouse to the public at a

hearing.

(d) The Work and Family Policies Clearinghouse may distribute

money appropriated by the legislature to any school district for

the purpose of implementing school-age child care before and

after the school day and during school holidays and vacations for

a school district's school-age students. Eligible use of funds

shall include planning, development, establishment, expansion, or

improvement of child care services and reasonable start-up costs.

The clearinghouse may distribute money to pay fees charged for

providing services to students who are considered to be at risk

of dropping out of school under Section 29.081. The Texas

Workforce Commission shall by rule establish procedures and

eligibility requirements for distributing this money to school

districts.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 1997, 75th Leg., ch. 118, Sec. 1, eff.

Sept. 1, 1997.

Sec. 33.903. COMMUNITY EDUCATION CHILD CARE SERVICES. (a) The

agency shall establish a pilot program for the development of

community education child care services as provided by this

section. From the total amount of funds appropriated to the

agency, the commissioner shall withhold an amount specified in

the General Appropriations Act and distribute that amount for

programs under this section. A program established under this

section is required only in a school district in which the

program is financed by funds distributed under this section and

any other funds available for the program.

(b) The legislature may make appropriations to the agency for

the purpose of supporting before- and after-school child care

programs in a school district that is operating a community

education development project.

(c) The agency shall actively seek federal grants or funds to

operate or expand a program established under this section.

(d) The State Board of Education by rule shall establish a

procedure for distributing funds to school districts for child

care programs under this section. The procedure must include a

statewide competitive process by which the agency shall evaluate

applications for child care programs submitted by eligible school

districts and award funds to those districts whose applications

the agency considers to possess the greatest merit. The State

Board of Education by rule shall establish guidelines and

objectives that the agency shall use in making evaluations for

funding determination purposes. A school district is not entitled

to administrative or judicial review of the agency's funding

determination, except to the extent that the State Board of

Education by rule provides for administrative review.

(e) The agency may not consider a school district's application

for child care funding unless the application:

(1) contains a resolution by the district's board of trustees or

governing body adopting a particular child care plan;

(2) states the anticipated funding requirements for the

district's child care program and provides the agency with the

data and any analysis used to prepare the funding estimate;

(3) includes or is accompanied by a statement outlining how the

proposed project effectuates the goals of this section and

complies with the guidelines and objectives established under

Subsection (d);

(4) provides that the district will provide before- and

after-school care between the hours of 7 a.m. and 6 p.m. for any

student in kindergarten through grade eight whose parents or

legal guardians work, attend school, or participate in a

job-training program during those hours;

(5) specifies that the district's child care program outlined in

the application will maintain a ratio of not less than one

caregiver per 20 students in kindergarten through grade three and

a ratio of not less than one caregiver per 25 students in grades

four through eight and will provide age-appropriate educational

and recreational activities and homework assistance; and

(6) states that the district has appointed a child care

administrator.

(f) A school district's child care administrator shall

administer and coordinate the program under the authority of the

district superintendent or another administrator the

superintendent designates. The chi