Texas 2023 - 88th 3rd C.S.

Texas House Bill HB81

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

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

If enacted, HB81 would amend the Education Code to provide clarity on the eligibility of children unlawfully present in the state for public schooling and associated benefits. The bill is positioned to facilitate educational access for these children while remaining dependent on federal funding agreements, which suggests a possible reliance on the federal government's cooperation in implementing such a policy. This measure could lead to increased educational participation among undocumented youth, which has implications for their integration into society and future workforce participation.

Summary

House Bill 81 aims to address the admission of children who are unlawfully present in the United States to public schools in Texas. The bill stipulates that the board of trustees of a school district must admit these children free of tuition if specific criteria are met, including agreements for the U.S. government to cover educational costs. This reflects a significant shift in how Texas manages educational access for undocumented minors, potentially increasing their access to public education resources while also seeking federal support for the associated costs.

Sentiment

The sentiment surrounding HB81 appears to be mixed among legislators and constituents. Supporters may view it as a progressive step towards inclusive education that recognizes the realities faced by undocumented families. Critics, however, could express concern about the financial implications and whether it aligns with broader immigration policies and state budget constraints. The debate centers around balancing educational equity with fiscal responsibility, reflecting broader national conversations about immigration reform.

Contention

Notably, contention surrounding the bill may arise from the dependency on a federal agreement to fund the education of undocumented students. Opponents could see this as a potential loophole that complicates the state's legislative intent, while supporters might argue that it is a necessary condition for the equitable treatment of all Texas children. The discussion also highlights the ongoing tension between state autonomy in educational policy and federal immigration considerations, making HB81 a focal point for discussions related to both education and immigration reform in Texas.

Texas Constitutional Statutes Affected

Education Code

  • Chapter 25. Admission, Transfer, And Attendance
    • Section: New Section
  • Chapter 48. Foundation School Program
    • Section: New Section

Companion Bills

TX SB50

Identical 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.

TX HB109

Same As 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.

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