89R15904 RDR-D
By: Hopper H.B. No. 4707
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 25.001(a), (b), and (c), Education
Code, are amended to read as follows:
(a) A citizen or national of the United States, or an alien
lawfully present in the United States, [person] who, on the first
day of September of any school year, is at least five years of age
and under 21 years of age, or is at least 21 years of age and under
26 years of age and is admitted by a school district to complete the
requirements for a high school diploma is entitled to the benefits
of the available school fund for that year. Any other citizen or
national of the United States or alien lawfully present in the
United States [person] enrolled in a prekindergarten class under
Section 29.153 is entitled to the benefits of the available school
fund.
(b) The board of trustees of a school district or its
designee shall admit into the public schools of the district free of
tuition a person who is a citizen or national of the United States,
or an alien lawfully present in the United States, and is over five
and younger than 21 years of age on the first day of September of the
school year in which admission is sought, and may admit a person who
is a citizen or national of the United States, or an alien lawfully
present in the United States, and is at least 21 years of age and
under 26 years of age for the purpose of completing the requirements
for a high school diploma, if:
(1) the person and either parent of the person reside
in the school district;
(2) the person does not reside in the school district
but a parent of the person resides in the school district and that
parent is a joint managing conservator or the sole managing
conservator or possessory conservator of the person;
(3) the person and the person's guardian or other
person having lawful control of the person under a court order
reside within the school district;
(4) the person has established a separate residence
under Subsection (d);
(5) the person is homeless, regardless of the
residence of the person, of either parent of the person, or of the
person's guardian or other person having lawful control of the
person;
(6) the person is a foreign exchange student placed
with a host family that resides in the school district by a
nationally recognized foreign exchange program, unless the school
district has applied for and been granted a waiver by the
commissioner under Subsection (e);
(7) the person resides at a residential facility
located in the district;
(8) the person resides in the school district and is 18
years of age or older or the person's disabilities of minority have
been removed;
(9) the person does not reside in the school district
but the grandparent of the person:
(A) resides in the school district; and
(B) provides a substantial amount of
after-school care for the person as determined by the board; or
(10) the person and either parent of the person reside
in a residence homestead, as defined by Section 11.13(j), Tax Code,
that is located on a parcel of property any part of which is located
in the school district.
(c) The board of trustees of a school district or the
board's designee may require evidence that a person is eligible to
attend the public schools of the district at the time the board or
its designee considers an application for admission of the person.
The board of trustees or its designee shall establish minimum proof
of residency, United States citizenship or nationality, or status
as an alien lawfully present in the United States acceptable to the
district. The board of trustees or its designee may make reasonable
inquiries to verify a person's eligibility for admission.
SECTION 2. Section 48.003, Education Code, is amended by
adding Subsection (e) to read as follows:
(e) Notwithstanding Subsections (a) and (b), a student who
is not a citizen or national of the United States or an alien
lawfully present in the United States is not entitled to the
benefits of the Foundation School Program.
SECTION 3. This Act applies beginning with the 2026-2027
school year.
SECTION 4. This Act takes effect September 1, 2025.