82R992 GCB-D
By: Riddle H.B. No. 22
A BILL TO BE ENTITLED
AN ACT
relating to information regarding the citizenship and immigration
status of public school students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 7, Education Code, is
amended by adding Section 7.011 to read as follows:
Sec. 7.011. COLLECTION AND REPORTING OF INFORMATION
REGARDING STUDENT CITIZENSHIP AND IMMIGRATION STATUS. (a) In this
section, "unauthorized alien" means a person who:
(1) is not a citizen or national of the United States;
and
(2) is not lawfully authorized to be present in the
United States according to the terms of 8 U.S.C. Section 1101 et
seq.
(b) Each school district and open-enrollment charter school
shall determine the citizenship and immigration status of each
student at the time of the student's initial enrollment in the
district or school.
(c) To make the determination required by Subsection (b),
the school district or open-enrollment charter school shall require
each student to provide an original or certified copy of the
student's birth certificate. If the student was not born a citizen
of the United States, the student's parent or guardian or other
person having lawful control of the student shall, not later than
the 30th day after the date of the student's enrollment in the
district or school:
(1) establish the citizenship or immigration status of
the student by:
(A) presenting official documentation of that
status for inspection and return by a school official; or
(B) submitting a notarized copy of the
documentation to a school official; and
(2) attest by affidavit that the documentation
presented under Subdivision (1) states the true identity of the
student.
(d) Each school district or open-enrollment charter school
shall include the information collected under this section
regarding the citizenship or immigration status of district or
school students in the district's or school's Public Education
Information Management System (PEIMS) report.
(e) The commissioner annually shall compile the information
collected under this section and under Section 29.066. The
compilation must:
(1) provide data on the number of students from each of
the following categories from each public school:
(A) citizens;
(B) immigrants classified under each immigration
classification; and
(C) students enrolled in bilingual education or a
special language program; and
(2) identify and analyze any impact on the standard or
quality of education provided to students who are citizens that may
occur as a result of the enrollment of students who are unauthorized
aliens.
(f) The commissioner shall adopt rules to administer this
section, including rules to establish objective criteria for
identifying and assessing the educational impact resulting from the
enrollment of unauthorized aliens as required by Subsection (e).
The rules may authorize the commissioner to contract with reputable
scholars or research institutions to identify and validate the
criteria. The rules must provide for imposing sanctions against a
school district or open-enrollment charter school that fails to
include the information collected under this section in the
district's or school's Public Education Information Management
System (PEIMS) report. The rules adopted under this section may not
be used to discriminate against a student on the basis of race,
color, disability, sex, religion, age, or national origin.
SECTION 2. Section 7.008, Education Code, is amended by
adding Subsection (f) to read as follows:
(f) Information obtained under Section 7.011 that
personally identifies a student may not be disclosed except as
provided by 8 U.S.C. Section 1373 or 1644.
SECTION 3. This Act applies beginning with the 2011-2012
school year.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.