Texas 2025 - 89th Regular

Texas House Bill HB4707 Compare Versions

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11 89R15904 RDR-D
22 By: Hopper H.B. No. 4707
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the admission to public schools of children unlawfully
1010 present in the United States and the eligibility of those children
1111 for the benefits of the available school fund and Foundation School
1212 Program.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Sections 25.001(a), (b), and (c), Education
1515 Code, are amended to read as follows:
1616 (a) A citizen or national of the United States, or an alien
1717 lawfully present in the United States, [person] who, on the first
1818 day of September of any school year, is at least five years of age
1919 and under 21 years of age, or is at least 21 years of age and under
2020 26 years of age and is admitted by a school district to complete the
2121 requirements for a high school diploma is entitled to the benefits
2222 of the available school fund for that year. Any other citizen or
2323 national of the United States or alien lawfully present in the
2424 United States [person] enrolled in a prekindergarten class under
2525 Section 29.153 is entitled to the benefits of the available school
2626 fund.
2727 (b) The board of trustees of a school district or its
2828 designee shall admit into the public schools of the district free of
2929 tuition a person who is a citizen or national of the United States,
3030 or an alien lawfully present in the United States, and is over five
3131 and younger than 21 years of age on the first day of September of the
3232 school year in which admission is sought, and may admit a person who
3333 is a citizen or national of the United States, or an alien lawfully
3434 present in the United States, and is at least 21 years of age and
3535 under 26 years of age for the purpose of completing the requirements
3636 for a high school diploma, if:
3737 (1) the person and either parent of the person reside
3838 in the school district;
3939 (2) the person does not reside in the school district
4040 but a parent of the person resides in the school district and that
4141 parent is a joint managing conservator or the sole managing
4242 conservator or possessory conservator of the person;
4343 (3) the person and the person's guardian or other
4444 person having lawful control of the person under a court order
4545 reside within the school district;
4646 (4) the person has established a separate residence
4747 under Subsection (d);
4848 (5) the person is homeless, regardless of the
4949 residence of the person, of either parent of the person, or of the
5050 person's guardian or other person having lawful control of the
5151 person;
5252 (6) the person is a foreign exchange student placed
5353 with a host family that resides in the school district by a
5454 nationally recognized foreign exchange program, unless the school
5555 district has applied for and been granted a waiver by the
5656 commissioner under Subsection (e);
5757 (7) the person resides at a residential facility
5858 located in the district;
5959 (8) the person resides in the school district and is 18
6060 years of age or older or the person's disabilities of minority have
6161 been removed;
6262 (9) the person does not reside in the school district
6363 but the grandparent of the person:
6464 (A) resides in the school district; and
6565 (B) provides a substantial amount of
6666 after-school care for the person as determined by the board; or
6767 (10) the person and either parent of the person reside
6868 in a residence homestead, as defined by Section 11.13(j), Tax Code,
6969 that is located on a parcel of property any part of which is located
7070 in the school district.
7171 (c) The board of trustees of a school district or the
7272 board's designee may require evidence that a person is eligible to
7373 attend the public schools of the district at the time the board or
7474 its designee considers an application for admission of the person.
7575 The board of trustees or its designee shall establish minimum proof
7676 of residency, United States citizenship or nationality, or status
7777 as an alien lawfully present in the United States acceptable to the
7878 district. The board of trustees or its designee may make reasonable
7979 inquiries to verify a person's eligibility for admission.
8080 SECTION 2. Section 48.003, Education Code, is amended by
8181 adding Subsection (e) to read as follows:
8282 (e) Notwithstanding Subsections (a) and (b), a student who
8383 is not a citizen or national of the United States or an alien
8484 lawfully present in the United States is not entitled to the
8585 benefits of the Foundation School Program.
8686 SECTION 3. This Act applies beginning with the 2026-2027
8787 school year.
8888 SECTION 4. This Act takes effect September 1, 2025.