Texas House Bill HB109

Texas 2023 - 88th 3rd C.S.

• Filed: 10/9/23

Caption

Relating to the admission to public schools of children unlawfully present in the United States and the eligibility of those children for the benefits of the available school fund and Foundation School Program.

Impact

The implementation of HB109 is expected to have significant implications for state laws concerning public education. It effectively stipulates that children who are unlawfully present may attend public schools and benefit from state funds only under certain conditions. This shift could lead to increased enrollment of such children in public schools where resources are allocated accordingly. Additionally, the bill aims to clarify the responsibilities of school districts in determining eligibility and managing the admissions process. Should the bill pass, it may also influence future discussions on immigration policy and education funding in the state.

Summary

House Bill 109 (HB109) addresses the admission of children unlawfully present in the United States to public schools, as well as their eligibility for the available school fund and the Foundation School Program. The bill aims to establish conditions under which such children may be admitted to public schools and receive funding benefits. Specifically, it permits school districts to admit children who are not citizens or lawfully present aliens if the United States government agrees to pay for their education. The bill has notable provisions for school districts to seek such agreements and establish eligibility criteria for these students.

Sentiment

Sentiment around HB109 appears to be mixed, based on the discussions and opinions expressed in various stakeholder groups. Supporters argue that the bill is a necessary step toward providing equal access to education for all children, regardless of their immigration status. They believe that denying education to children based on their status is counterproductive and harmful to society, as education is a fundamental right. Conversely, opponents express concerns about the potential financial burden on taxpayers and emphasize that the bill may encourage unlawful immigration by providing benefits to those who are not legally present in the country.

Contention

Notable points of contention surrounding HB109 include debates about the underlying principles of educational equity versus fiscal responsibility. Critics highlight that the bill might undermine local control and accountability, as it shifts significant funding sources tied to student residency status. Additionally, the requirement for an agreement with the U.S. government adds a layer of uncertainty about funding and resource availability for school districts. Finally, the implications of the bill may lead to complex legal challenges related to immigration laws and the rights of children in public education, further stirring public and legislative debate.

Texas Constitutional Statutes Affected

Education Code

• Chapter 25. Admission, Transfer, And Attendance
  • Section: New Section

• Chapter 48. Foundation School Program
  • Section: New Section