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Fabens ISD board votes to opt out of allowing homeschool athletes under Texas Senate Bill 401
Summary
The board unanimously approved administration's recommendation to opt out of allowing homeschooled students to participate in UIL activities, citing funding, eligibility, and liability concerns under SB 401’s new default-allow rule.
The Fabens Independent School District Board of Trustees voted 6-0 July 16 to opt out of allowing homeschooled students to participate in University Interscholastic League activities under the new requirements of Texas Senate Bill 401.
Coach Blair told the board that SB 401 changes eligibility by making homeschool students eligible for participation unless a school district takes board action to opt out. "Under the new law for 2025-26, homeschool students are eligible to participate in your ISD unless your school board opts out," Blair said.
Presenters and trustees framed the decision around funding and eligibility verification. Blair told the board that Fabens ISD receives no average-daily-attendance funding for homeschooled pupils and that the district would be required to fund participation and to assume liability if out-of-district homeschool students sought to play. "We get 0 funding for them," a trustee said during discussion; Blair added, "We have no way to access their eligibility," citing the administrative difficulty of verifying eligibility and parental consent.
The administration recommended the board "opt out of allowing homeschool student athletes from participation in UIL activities," and the motion passed on a 6-0 voice vote.
Board members said neighboring districts in Region 19 were largely choosing to opt out, and presenters cautioned that opting in could require Fabens ISD to absorb costs for students from districts that opt out. Trustees emphasized they would prefer parents to register students with the district if they want their children to participate.
The board’s action is a local policy decision implementing the district’s response to SB 401 and will apply to UIL participation for the 2025–26 school year unless the board revisits the decision at a later meeting.
