Texas 2023 - 88th 3rd C.S.

Texas House Bill HB81 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88S30322 JTZ-D
2	2	By: Leo-Wilson H.B. No. 81
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the admission to public schools of children unlawfully
8	8	present in the United States and the eligibility of those children
9	9	for the benefits of the available school fund and Foundation School
10	10	Program.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 25.001, Education Code, is amended by
13	13	amending Subsections (a), (b), and (c) and adding Subsections
14	14	(a-1), (b-3), and (k) to read as follows:
15	15	(a) A citizen or national of the United States, or an alien
16	16	lawfully present in the United States, [person] who, on the first
17	17	day of September of any school year, is at least five years of age
18	18	and under 21 years of age, or is at least 21 years of age and under
19	19	26 years of age and is admitted by a school district to complete the
20	20	requirements for a high school diploma is entitled to the benefits
21	21	of the available school fund for that year. Any other citizen or
22	22	national of the United States or alien lawfully present in the
23	23	United States [person] enrolled in a prekindergarten class under
24	24	Section 29.153 is entitled to the benefits of the available school
25	25	fund.
26	26	(a-1) Notwithstanding Subsection (a), a person admitted by
27	27	a school district under Subsection (b-3) is entitled to the
28	28	benefits of the available school fund.
29	29	(b) The board of trustees of a school district or its
30	30	designee shall admit into the public schools of the district free of
31	31	tuition a person who is a citizen or national of the United States,
32	32	or an alien lawfully present in the United States, and is over five
33	33	and younger than 21 years of age on the first day of September of the
34	34	school year in which admission is sought, and may admit a person who
35	35	is at least 21 years of age and under 26 years of age for the purpose
36	36	of completing the requirements for a high school diploma, if:
37	37	(1) the person and either parent of the person reside
38	38	in the school district;
39	39	(2) the person does not reside in the school district
40	40	but a parent of the person resides in the school district and that
41	41	parent is a joint managing conservator or the sole managing
42	42	conservator or possessory conservator of the person;
43	43	(3) the person and the person's guardian or other
44	44	person having lawful control of the person under a court order
45	45	reside within the school district;
46	46	(4) the person has established a separate residence
47	47	under Subsection (d);
48	48	(5) the person is homeless, regardless of the
49	49	residence of the person, of either parent of the person, or of the
50	50	person's guardian or other person having lawful control of the
51	51	person;
52	52	(6) the person is a foreign exchange student placed
53	53	with a host family that resides in the school district by a
54	54	nationally recognized foreign exchange program, unless the school
55	55	district has applied for and been granted a waiver by the
56	56	commissioner under Subsection (e);
57	57	(7) the person resides at a residential facility
58	58	located in the district;
59	59	(8) the person resides in the school district and is 18
60	60	years of age or older or the person's disabilities of minority have
61	61	been removed;
62	62	(9) the person does not reside in the school district
63	63	but the grandparent of the person:
64	64	(A) resides in the school district; and
65	65	(B) provides a substantial amount of
66	66	after-school care for the person as determined by the board; or
67	67	(10) the person and either parent of the person reside
68	68	in a residence homestead, as defined by Section 11.13(j), Tax Code,
69	69	that is located on a parcel of property any part of which is located
70	70	in the school district.
71	71	(b-3) Notwithstanding Subsection (b), the board of trustees
72	72	of a school district or the board's designee shall admit into the
73	73	public schools of the district free of tuition a person who is not a
74	74	citizen or national of the United States, or an alien lawfully
75	75	present in the United States, and is over five and younger than 21
76	76	years of age on the first day of September of the school year in
77	77	which admission is sought, or is seeking admission to a
78	78	prekindergarten program under Section 29.153, if:
79	79	(1) the United States government has entered into an
80	80	agreement with this state to pay the cost of educating the person;
81	81	and
82	82	(2) the person is otherwise eligible for admission
83	83	under Subsection (b) or Section 29.153(b), as applicable.
84	84	(c) The board of trustees of a school district or the
85	85	board's designee may require evidence that a person is eligible to
86	86	attend the public schools of the district at the time the board or
87	87	its designee considers an application for admission of the person.
88	88	The board of trustees or its designee shall establish minimum proof
89	89	of residency, United States citizenship or nationality, or status
90	90	as an alien lawfully present in the United States acceptable to the
91	91	district. The board of trustees or its designee may make reasonable
92	92	inquiries to verify a person's eligibility for admission.
93	93	(k) The agency shall seek to enter into an agreement with
94	94	the United States government for the United States government to
95	95	pay the cost of educating persons described by Subsection (b-3). If
96	96	the agency and the United States government enter into such an
97	97	agreement, the agency shall:
98	98	(1) require each school district to report through the
99	99	Public Education Information Management System (PEIMS) the
100	100	information necessary to determine the amount of funding to which
101	101	the district is entitled under Chapters 46 and 48 for persons
102	102	admitted under Subsection (b-3);
103	103	(2) submit to the United States government for
104	104	reimbursement the total amount of funding determined under
105	105	Subdivision (1); and
106	106	(3) on receipt of reimbursement, distribute to each
107	107	school district the amount of funding to which the district is
108	108	entitled for persons admitted under Subsection (b-3).
109	109	SECTION 2. Section 48.003, Education Code, is amended by
110	110	adding Subsection (e) to read as follows:
111	111	(e) Notwithstanding Subsections (a) and (b), a student who
112	112	is not a citizen or national of the United States or an alien
113	113	lawfully present in the United States is not entitled to the
114	114	benefits of the Foundation School Program unless the student is
115	115	admitted by a school district under Section 25.001(b-3).
116	116	SECTION 3. This Act applies beginning with the 2025-2026
117	117	school year.
118	118	SECTION 4. This Act takes effect on the 91st day after the
119	119	last day of the legislative session.