Updated July 8, 2025
The 89th Texas Legislative Session brought about many changes for public education, including some changes that impact UIL homeschool particpation.
2024-25 School Year (previous law):
- ISDs can OPT-IN to allow homeschool participation.
- Homeschool students may participate in UIL activities at the school that the student would be eligible to attend based on the student’s residential address if the school has OPTED-IN to allow homeschool participation.
2025-26 School Year: SB 401 (current law):
- ISDs shall provide homeschool participation unless the school board votes to OPT-OUT of allowing homeschool participation.
- Homeschool students may participate in UIL activities at the school closest to the student’s residential address that does allow homeschool participation, if the school to which they are zoned OPTS-OUT of homeschool participation.
To accommodate this new law, UIL is setting the date for opting out of homeschool participation as September 1, 2025. In subsequent years, that date will be August 1st for any change in status a school board votes to take. For example, if your school does not opt out for this coming school year, and wishes later to do so for 2026-2027, that change must be made by August 1, 2026.
Again, the deadline for ISDs to opt out of allowing homeschool participation is September 1, 2025. If an ISD does not opt out by this date, homeschool students are able to participate in UIL activities, as written in law.
Options for Homeschool Students
This bill also provides additional opportunities for homeschool students to participate in UIL activities. If the school where the student resides adopts a policy that does not allow participation, the student may participate at the school closest to the student’s home address that does allow homeschool participation:
Schools that allow homeschool participation are not required to allow homeschool students from outside of their school district to participate in UIL activities for their schools. The law allows it but does not require it.
UIL Parent Residence Rule Update
With this change in law, Section 442 of the UIL Constitution & Contest Rules has been amended to add subsection (j):
Section 442: RESIDENCE IN SCHOOL DISTRICT AND ATTENDANCE ZONE
(j) A non-enrolled (homeschooled) student seeking participation in accordance with Section 33.0832 of the Texas Education Code may only participate in a league activity for the school in the school district that the student would be eligible to attend based on the student's residential address. If the school that a non-enrolled student would be eligible to attend based on residence has opted out of participation for non-enrolled students, the student may participate in a league activity for the closest school, based on geographic proximity to the student's residential address, that allows participation for non-enrolled students.
As the law states, a homeschool student who resides in an ISD that opts out of allowing homeschool participation may participate at the closest school to the student’s residence that does allow homeschool participation.
The closest school is determined by campus. So, if the closest ISD that allows homeschool participation is a multiple-high school ISD, neither the student nor the ISD may choose which of those high schools at which the student may participate. The closest campus to the student’s residence is determined by the District Executive Committee.
DEC Oversight and Other Eligibility Rules
Homeschool students are subject to the same rules and procedures, including the 15-day rule, as any other student, and will be required to complete a Previous Athletic Participation Form (PAPF).
If the student moved into the attendance zone within the previous 12 months or is participating at a school outside of the attendance zone of where the parents of the student reside, the DEC should review that form and, upon request of a DEC member, a full hearing of the DEC may be required for varsity participation.
Requiring a review and allowing DEC members to request a DEC hearing in these situations allows the DEC to convene and determine if the student's move was motivated by UIL participation. For students participating outside their attendance zone of residence, they can also verify whether the school in question is the closest school geographically to the student’s residence, as required by law.
Summary
It is important for schools to note the change in law from an opt-in to an opt-out.
Unless a school board adopts a policy to opt out of allowing homeschool student participation, this new law states homeschool students are eligible to participate in UIL activities for that school.
To opt out of homeschool participation, school districts must adopt such a policy by September 1, 2025.
While UIL activities for the 2025-2026 school year start prior to September 1, this deadline is intended to give districts time make a decision.
Homeschool FAQ
- Does each school district get to decide whether or not to allow homeschool students to participate?
- By law, schools shall allow homeschooled students to participate, unless the Board of Trustees votes not to allow such participation
- Who has the authority to determine if homeschool participation is prohibited?
- According to the law, ‘the board of trustees of a school district or the governing body of an open-enrollment charter school may adopt a policy declining to grant non-enrolled students the opportunity to participate in league activities.’
- I heard the decision by the school board to opt-out of allowing homeschool students to participate needs to be made by September 1. Is that correct?
- Yes. To facilitate the beginning time-period for this new law, UIL has set the date for opting out as September 1, 2025.
- If a district decides not to opt-out of allowing homeschool students to participate, can the district reverse that decision anytime in the future?
- Yes. See above for information related to 2025-26. In subsequent years, that date will be August 1 for any change in status a school board votes to take. For example, if your school does not opt-out for this coming school year, and wishes later to do so for 2026-2027, that change must be made by August 1, 2026.
- Will homeschool students that participate be counted in our snapshot count for realignment purposes?
- No. However, UIL is still working to complete the 2026-2028 Reclassification and Realignment Policies and may count any homeschool student participating for a school who ended the 2024-2025 school year as an enrolled student at the school for which the homeschool student is participating.
- Can homeschool students also participate in junior high UIL activities?
- Yes, except as provided by Subsection (i) of TEC 33.0832, (for students previously enrolled in a public school during that same school year) and c 2 (when school board opts-out), a public school that participates in an activity sponsored by the league shall provide a non-enrolled student, who otherwise meets league eligibility standards to represent that school in a league activity, with the opportunity to participate in the activity on behalf of the school in the same manner that the school provides the opportunity to participate to students enrolled in the school.
- Are homeschool students eligible to participate on varsity?
- Except as provided by Subsection (i) of TEC 33.0832, (for students previously enrolled in a public school during that same school year) and c 2 (when school board opts-out), a public school that participates in an activity sponsored by the league shall provide a non-enrolled student, who otherwise meets league eligibility standards to represent that school in a league activity, with the opportunity to participate in the activity on behalf of the school in the same manner that the school provides the opportunity to participate to students enrolled in the school. Such students must also be in compliance with applicable UIL rules for varsity participation.
- May a homeschool student receive instruction from a private coach outside of the 60-minute athletic period during the local school district’s school day?
- No, Section 1206: SCHOOL PRACTICE AND GAME RESTRICTIONS (d)(1) Accelerated physical education activities, calisthenics, skills, strength training or conditioning exercises may be conducted during the school year within the school day provided such activities do not exceed one regular classroom period, not to exceed 60 minutes when classes meet every day (300 minutes per week for block schedules). This provision applies to a non-enrolled (homeschooled) student participating in accordance with Section 33.0832 of the Texas Education Code.
- If a school district offers school(s) choice (magnet schools, etc), does the homeschool student have the option to choose where they will participate upon first opportunity?
- No. According to Section 33.0832 e of the Texas Education Code: A non-enrolled student may only participate in a league activity for the school in the school district that the student would be eligible to attend based on the student's residential address. A non-enrolled student who seeks to participate in a league activity on behalf of a school shall be required to establish minimum proof of residency acceptable to the district in the same manner as an applicant to attend a school in the district under Section 25.001.
- If the school district in which the student and parents reside opts-out of participation for homeschooled students, where does a homeschooled student have the possibility for participation?
- According to Section 33.0832 (e-1) of the Texas Education Code: If the school that a non-enrolled student would be eligible to attend under Subsection (e) is subject to a policy adopted under Subsection (c-2) (ISD opts-out), the student may participate in a league activity for the closest school, based on geographic proximity to the student's residential address, that is not subject to a policy adopted under Subsection (c-2).
- My ISD allows homeschool participation, but the neighboring ISD does not. Are we required to allow homeschooled students who do not reside in our attendance zone to participate?
- No. The law would allow your ISD to permit such participation but would not require it if those students do not reside in your ISD attendance zone.
- Can my school district opt-out of allowing participation for homeschooled students only in certain activities? For example, the school would allow homeschool participation for athletics, but not for academics or music.
- This is not under UIL jurisdiction and would be a local school district decision.
- My ISD has previously allowed homeschool participation but limited the number of homeschooled students that could participate. Can we still do that?
- This is not under UIL jurisdiction. The law requires that schools provide homeschooled students ‘with the opportunity to participate in the activity on behalf of the school in the same manner that the school provides the opportunity to participate to students enrolled in the school.’ This would be dependent upon local school district policy.
- What happens in a situation where the ISD where the parents reside opts-out of allowing homeschooled students to participate, but then changes the vote the following school year and begins to allow homeschool participation?
- Parents of student reside in ISD A and ISD A opts-out of homeschool participation. School B is the closest school geographically to the student’s residence and that ISD also opts-out. School C is the next closest school geographically to the student’s residence and that ISD allows homeschool participation. Student can participate at school C and be eligible. In a subsequent year, ISD A (school in student’s attendance zone) alters their previous decision and decides to allow homeschool participation. Student has the choice to stay at school C or return to school A (home campus) and be eligible, with clean PAPF etc.
- What happens in a situation where the two nearest ISD’s to where the parents reside opts-out of allowing homeschooled students to participate, but then the next closest ISD changes the vote the following school year and begins to allow homeschool participation?
- Parents of student reside in ISD A, ISD A opts-out of participation. School B is the closest school geographically to the student’s residence and also opts-out. School C is the next closest school geographically to the student’s residence and allows homeschool participation. Student can participate at school C and be eligible. In subsequent year, ISD A still says no, but ISD B alters their previous decision and decides to allow homeschool participation. Student has choice to stay at school C or change their participation to school B as it is geographically closer to their residence. If student changes to school B, the student would be ineligible for varsity participation at school B for a calendar year, but could apply for a waiver / play JV, with clean PAPF (full 2 page PAPF in this scenario).
- What will be the process for homeschool students to gain eligibility? For example, will there be a homeschool PAPF form? Will they still need to wait 15 days before they are eligible? Is a DEC Hearing required?
- Homeschool students will be required to follow the same rules and procedures as any other student and will be required to complete a Previous Athletic Participation Form (PAPF) and will be subject to eligibility rules, including the 15 day rule, if applicable. If the student moved into the attendance zone within the previous 12 months or is participating at a school outside of the attendance zone of where the parents of the student reside, the DEC should review that form and, upon request of a DEC member, a full hearing of the DEC may be required for varsity participation. Requiring a review and allowing DEC members to request a DEC hearing in these situations allows the DEC to convene and determine if the student's move was motivated by UIL participation. For students participating outside their attendance zone of residence, they can also verify whether the school in question is the closest school geographically to the student’s residence, as required by law.
- Can a student start participating in the middle of the school year?
- As long as the school district in which the student resides did not opt-out of participation for homeschooled students as outlined in the law, yes. The student would need to comply with all applicable eligibility rules prior to participation on the varsity level, including the 15-day rule. For students who begin participation after the sixth class day of the school year, the first day the student participates in practice would be day 1 of the 15 calendar days.
- If a student begins the school year in a public school and then transitions into homeschooling, could the student participate in UIL activities at the school as a non-enrolled student?
- No. According to Section 33.082 i of the Texas Education Code: A non-enrolled student is not authorized by this section to participate in a league activity during the remainder of any school year during which the student was previously enrolled in a public school.
- Who administers the standardized test to determine eligibility for the first six weeks? Who pays for the test?
- This is not a UIL decision. According to section 33.082 f and g of the Texas Education Code: (f) The parent or person standing in parental relation to a non-enrolled student is responsible for oversight of academic standards relating to the student's participation in a league activity. As a condition of eligibility to participate in a league activity during the first six weeks of a school year, a non-enrolled student must demonstrate grade-level academic proficiency on any nationally recognized, norm-referenced assessment instrument, such as the Iowa Test of Basic Skills, Stanford Achievement Test, California Achievement Test, or Comprehensive Test of Basic Skills. A non-enrolled student demonstrates the required academic proficiency by achieving a composite, core, or survey score that is within the average or higher than average range of scores, as established by the applicable testing service. For purposes of this subsection, a school district shall accept assessment results administered or reported by a third party. (g) A non-enrolled student's demonstration of academic proficiency under Subsection (f) is sufficient for purposes of that subsection for the school year in which the student achieves the required score and the subsequent school year.
- Are these students allowed to practice if they are not eligible due to their standardized test score or grades?
- According to No Pass No Play regulations, students are allowed to practice when they are academically ineligible. They are not allowed to travel to contests with the school and are not allowed to participate in contests or dress for contests and be part of the team. A team sport scrimmage is considered a practice, so academically ineligible students are allowed to participate in team sport scrimmages. School districts are allowed to have more restrictive policies for their schools if they choose.
- Do UIL rules in response to SB 401 affect the ability of schools to schedule scrimmage games against homeschool teams?
- No. UIL rules do not affect the ability of a public school to schedule scrimmage games against homeschool teams.
- Do you have any recommendations or guidelines regarding what the fee should be to participate?
- This is not a UIL decision. According to section 33.082 d of the Texas Education Code: (d) A non-enrolled student who seeks to participate or participates in a league activity on behalf of a school is subject to the following relevant policies that apply to students enrolled in the school: (1) registration for league activities; (2) age eligibility; (3) fees; (4) insurance; (5) transportation; (6) physical condition; (7) qualifications; (8) responsibilities; (9) event schedules; (10) standards of behavior; and (11) performance.
- Will these students be allowed to participate in the athletic period during the school day? Can we require these students to participate in the athletic period during the school day?
- This is not a UIL decision. According to section 33.082 d of the Texas Education Code: (d) A non-enrolled student who seeks to participate or participates in a league activity on behalf of a school is subject to the following relevant policies that apply to students enrolled in the school: (1) registration for league activities; (2) age eligibility; (3) fees; (4) insurance; (5) transportation; (6) physical condition; (7) qualifications; (8) responsibilities; (9) event schedules; (10) standards of behavior; and (11) performance.
- May a homeschool student participate in both UIL basketball and homeschool basketball league? Or may a home school student participate in both UIL basketball and run cross country for a homeschool league?
- No. According to sections 1207 (d) and 1208 (u) of the UIL Constitution and Contest Rules: Section 1207: RULES, VIOLATIONS AND PENALTIES (d) Unattached Participation. In any UIL member school sponsored athletic contest, meet or tournament, UIL member high school students shall not be permitted to enter unattached. The penalty for violation of this rule shall be assessed against the member school(s) in violation. This provision applies to a non-enrolled (homeschooled) student participating in accordance with section 33.0832 of the Texas Education Code. Section 1208: ATHLETIC REGULATIONS (u) (3) Participating With Other Leagues. A UIL member school that participates in an athletic activity offered by the UIL in a non-UIL league under the auspices of any other sanctioning organization is subject to the range of penalties, up to and including suspension from UIL athletic activities. This provision applies to a non-enrolled (homeschooled) student participating in accordance with section 33.0832 of the Texas Education Code. Students are allowed to participate on non-school teams and non-school related activities.
- Do the homeschool students need to live in the district that they participate in? Or could they transfer to another district and play on JV for one year until they are eligible on varsity?
- According to section 33.0832 e of the Texas Education Code: A non-enrolled student may only participate in a league activity for the school in the school district that the student would be eligible to attend based on the student's residential address. A non-enrolled student who seeks to participate in a league activity on behalf of a school shall be required to establish minimum proof of residency acceptable to the district in the same manner as an applicant to attend a school in the district under Section 25.001. The student must be in compliance with Section 442: Residence in School District and Attendance Zone, UIL Constitution and Contest Rules. Also, according to section 33.0832 (e-1) of the Texas Education Code: If the school that a non-enrolled student would be eligible to attend under Subsection (e) is subject to a policy adopted under Subsection (c-2) (ISD opts-out), the student may participate in a league activity for the closest school, based on geographic proximity to the student's residential address, that is not subject to a policy adopted under Subsection (c-2).
- What options do we have if a student has code of conduct violations while participating?
- This is not a UIL decision. According to section 33.082 d of the Texas Education Code: (d) A non-enrolled student who seeks to participate or participates in a league activity on behalf of a school is subject to the following relevant policies that apply to students enrolled in the school: (1) registration for league activities; (2) age eligibility; (3) fees; (4) insurance; (5) transportation; (6) physical condition; (7) qualifications; (8) responsibilities; (9) event schedules; (10) standards of behavior; and (11) performance.