Texas 2025 - 89th Regular

Texas House Bill HB371 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1665 JTZ-D
2	2	By: Bumgarner H.B. No. 371
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the admission to public schools of children unlawfully
10	10	present in the United States and the eligibility of those children
11	11	for the benefits of the available school fund and Foundation School
12	12	Program.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 25.001, Education Code, is amended by
15	15	amending Subsections (a), (b), and (c) and adding Subsections
16	16	(a-1), (b-3), and (k) to read as follows:
17	17	(a) A citizen or national of the United States, or an alien
18	18	lawfully present in the United States, [person] who, on the first
19	19	day of September of any school year, is at least five years of age
20	20	and under 21 years of age, or is at least 21 years of age and under
21	21	26 years of age and is admitted by a school district to complete the
22	22	requirements for a high school diploma is entitled to the benefits
23	23	of the available school fund for that year. Any other citizen or
24	24	national of the United States or alien lawfully present in the
25	25	United States [person] enrolled in a prekindergarten class under
26	26	Section 29.153 is entitled to the benefits of the available school
27	27	fund.
28	28	(a-1) Notwithstanding Subsection (a), a person admitted by
29	29	a school district under Subsection (b-3) is entitled to the
30	30	benefits of the available school fund.
31	31	(b) The board of trustees of a school district or its
32	32	designee shall admit into the public schools of the district free of
33	33	tuition a person who is a citizen or national of the United States,
34	34	or an alien lawfully present in the United States, and is over five
35	35	and younger than 21 years of age on the first day of September of the
36	36	school year in which admission is sought, and may admit a person who
37	37	is at least 21 years of age and under 26 years of age for the purpose
38	38	of completing the requirements for a high school diploma, if:
39	39	(1) the person and either parent of the person reside
40	40	in the school district;
41	41	(2) the person does not reside in the school district
42	42	but a parent of the person resides in the school district and that
43	43	parent is a joint managing conservator or the sole managing
44	44	conservator or possessory conservator of the person;
45	45	(3) the person and the person's guardian or other
46	46	person having lawful control of the person under a court order
47	47	reside within the school district;
48	48	(4) the person has established a separate residence
49	49	under Subsection (d);
50	50	(5) the person is homeless, regardless of the
51	51	residence of the person, of either parent of the person, or of the
52	52	person's guardian or other person having lawful control of the
53	53	person;
54	54	(6) the person is a foreign exchange student placed
55	55	with a host family that resides in the school district by a
56	56	nationally recognized foreign exchange program, unless the school
57	57	district has applied for and been granted a waiver by the
58	58	commissioner under Subsection (e);
59	59	(7) the person resides at a residential facility
60	60	located in the district;
61	61	(8) the person resides in the school district and is 18
62	62	years of age or older or the person's disabilities of minority have
63	63	been removed;
64	64	(9) the person does not reside in the school district
65	65	but the grandparent of the person:
66	66	(A) resides in the school district; and
67	67	(B) provides a substantial amount of
68	68	after-school care for the person as determined by the board; or
69	69	(10) the person and either parent of the person reside
70	70	in a residence homestead, as defined by Section 11.13(j), Tax Code,
71	71	that is located on a parcel of property any part of which is located
72	72	in the school district.
73	73	(b-3) Notwithstanding Subsection (b), the board of trustees
74	74	of a school district or the board's designee shall admit into the
75	75	public schools of the district free of tuition a person who is not a
76	76	citizen or national of the United States, or an alien lawfully
77	77	present in the United States, and is over five and younger than 21
78	78	years of age on the first day of September of the school year in
79	79	which admission is sought, or is seeking admission to a
80	80	prekindergarten program under Section 29.153, if:
81	81	(1) the United States government has entered into an
82	82	agreement with this state to pay the cost of educating the person;
83	83	and
84	84	(2) the person is otherwise eligible for admission
85	85	under Subsection (b) or Section 29.153(b), as applicable.
86	86	(c) The board of trustees of a school district or the
87	87	board's designee may require evidence that a person is eligible to
88	88	attend the public schools of the district at the time the board or
89	89	its designee considers an application for admission of the person.
90	90	The board of trustees or its designee shall establish minimum proof
91	91	of residency, United States citizenship or nationality, or status
92	92	as an alien lawfully present in the United States acceptable to the
93	93	district. The board of trustees or its designee may make reasonable
94	94	inquiries to verify a person's eligibility for admission.
95	95	(k) The agency shall seek to enter into an agreement with
96	96	the United States government for the United States government to
97	97	pay the cost of educating persons described by Subsection (b-3). If
98	98	the agency and the United States government enter into such an
99	99	agreement, the agency shall:
100	100	(1) require each school district to report through the
101	101	Public Education Information Management System (PEIMS) the
102	102	information necessary to determine the amount of funding to which
103	103	the district is entitled under Chapters 46 and 48 for persons
104	104	admitted under Subsection (b-3);
105	105	(2) submit to the United States government for
106	106	reimbursement the total amount of funding determined under
107	107	Subdivision (1); and
108	108	(3) on receipt of reimbursement, distribute to each
109	109	school district the amount of funding to which the district is
110	110	entitled for persons admitted under Subsection (b-3).
111	111	SECTION 2. Section 48.003, Education Code, is amended by
112	112	adding Subsection (e) to read as follows:
113	113	(e) Notwithstanding Subsections (a) and (b), a student who
114	114	is not a citizen or national of the United States or an alien
115	115	lawfully present in the United States is not entitled to the
116	116	benefits of the Foundation School Program unless the student is
117	117	admitted by a school district under Section 25.001(b-3).
118	118	SECTION 3. This Act applies beginning with the 2026-2027
119	119	school year.
120	120	SECTION 4. This Act takes effect September 1, 2025.