1 | 1 | | 89R15904 RDR-D |
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2 | 2 | | By: Hopper H.B. No. 4707 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the admission to public schools of children unlawfully |
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10 | 10 | | present in the United States and the eligibility of those children |
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11 | 11 | | for the benefits of the available school fund and Foundation School |
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12 | 12 | | Program. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Sections 25.001(a), (b), and (c), Education |
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15 | 15 | | Code, are amended to read as follows: |
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16 | 16 | | (a) A citizen or national of the United States, or an alien |
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17 | 17 | | lawfully present in the United States, [person] who, on the first |
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18 | 18 | | day of September of any school year, is at least five years of age |
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19 | 19 | | and under 21 years of age, or is at least 21 years of age and under |
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20 | 20 | | 26 years of age and is admitted by a school district to complete the |
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21 | 21 | | requirements for a high school diploma is entitled to the benefits |
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22 | 22 | | of the available school fund for that year. Any other citizen or |
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23 | 23 | | national of the United States or alien lawfully present in the |
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24 | 24 | | United States [person] enrolled in a prekindergarten class under |
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25 | 25 | | Section 29.153 is entitled to the benefits of the available school |
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26 | 26 | | fund. |
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27 | 27 | | (b) The board of trustees of a school district or its |
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28 | 28 | | designee shall admit into the public schools of the district free of |
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29 | 29 | | tuition a person who is a citizen or national of the United States, |
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30 | 30 | | or an alien lawfully present in the United States, and is over five |
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31 | 31 | | and younger than 21 years of age on the first day of September of the |
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32 | 32 | | school year in which admission is sought, and may admit a person who |
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33 | 33 | | is a citizen or national of the United States, or an alien lawfully |
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34 | 34 | | present in the United States, and is at least 21 years of age and |
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35 | 35 | | under 26 years of age for the purpose of completing the requirements |
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36 | 36 | | for a high school diploma, if: |
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37 | 37 | | (1) the person and either parent of the person reside |
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38 | 38 | | in the school district; |
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39 | 39 | | (2) the person does not reside in the school district |
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40 | 40 | | but a parent of the person resides in the school district and that |
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41 | 41 | | parent is a joint managing conservator or the sole managing |
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42 | 42 | | conservator or possessory conservator of the person; |
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43 | 43 | | (3) the person and the person's guardian or other |
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44 | 44 | | person having lawful control of the person under a court order |
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45 | 45 | | reside within the school district; |
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46 | 46 | | (4) the person has established a separate residence |
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47 | 47 | | under Subsection (d); |
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48 | 48 | | (5) the person is homeless, regardless of the |
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49 | 49 | | residence of the person, of either parent of the person, or of the |
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50 | 50 | | person's guardian or other person having lawful control of the |
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51 | 51 | | person; |
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52 | 52 | | (6) the person is a foreign exchange student placed |
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53 | 53 | | with a host family that resides in the school district by a |
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54 | 54 | | nationally recognized foreign exchange program, unless the school |
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55 | 55 | | district has applied for and been granted a waiver by the |
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56 | 56 | | commissioner under Subsection (e); |
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57 | 57 | | (7) the person resides at a residential facility |
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58 | 58 | | located in the district; |
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59 | 59 | | (8) the person resides in the school district and is 18 |
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60 | 60 | | years of age or older or the person's disabilities of minority have |
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61 | 61 | | been removed; |
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62 | 62 | | (9) the person does not reside in the school district |
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63 | 63 | | but the grandparent of the person: |
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64 | 64 | | (A) resides in the school district; and |
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65 | 65 | | (B) provides a substantial amount of |
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66 | 66 | | after-school care for the person as determined by the board; or |
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67 | 67 | | (10) the person and either parent of the person reside |
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68 | 68 | | in a residence homestead, as defined by Section 11.13(j), Tax Code, |
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69 | 69 | | that is located on a parcel of property any part of which is located |
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70 | 70 | | in the school district. |
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71 | 71 | | (c) The board of trustees of a school district or the |
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72 | 72 | | board's designee may require evidence that a person is eligible to |
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73 | 73 | | attend the public schools of the district at the time the board or |
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74 | 74 | | its designee considers an application for admission of the person. |
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75 | 75 | | The board of trustees or its designee shall establish minimum proof |
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76 | 76 | | of residency, United States citizenship or nationality, or status |
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77 | 77 | | as an alien lawfully present in the United States acceptable to the |
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78 | 78 | | district. The board of trustees or its designee may make reasonable |
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79 | 79 | | inquiries to verify a person's eligibility for admission. |
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80 | 80 | | SECTION 2. Section 48.003, Education Code, is amended by |
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81 | 81 | | adding Subsection (e) to read as follows: |
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82 | 82 | | (e) Notwithstanding Subsections (a) and (b), a student who |
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83 | 83 | | is not a citizen or national of the United States or an alien |
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84 | 84 | | lawfully present in the United States is not entitled to the |
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85 | 85 | | benefits of the Foundation School Program. |
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86 | 86 | | SECTION 3. This Act applies beginning with the 2026-2027 |
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87 | 87 | | school year. |
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88 | 88 | | SECTION 4. This Act takes effect September 1, 2025. |
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