Texas 2025 - 89th Regular

Texas House Bill HB4886 Compare Versions

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

Old	New	Differences
1	1	89R15372 RDR-D
2	2	By: Olcott H.B. No. 4886
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to reporting on students not lawfully present in the
10	10	United States enrolled in a public school.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 12.104(b), Education Code, is amended to
13	13	read as follows:
14	14	(b) An open-enrollment charter school is subject to:
15	15	(1) a provision of this title establishing a criminal
16	16	offense;
17	17	(2) the provisions in Chapter 554, Government Code;
18	18	and
19	19	(3) a prohibition, restriction, or requirement, as
20	20	applicable, imposed by this title or a rule adopted under this
21	21	title, relating to:
22	22	(A) the Public Education Information Management
23	23	System (PEIMS) to the extent necessary to monitor compliance with
24	24	this subchapter as determined by the commissioner;
25	25	(B) criminal history records under Subchapter C,
26	26	Chapter 22;
27	27	(C) reading instruments and accelerated reading
28	28	instruction programs under Section 28.006;
29	29	(D) accelerated instruction under Section
30	30	28.0211;
31	31	(E) high school graduation requirements under
32	32	Section 28.025;
33	33	(F) special education programs under Subchapter
34	34	A, Chapter 29;
35	35	(G) bilingual education under Subchapter B,
36	36	Chapter 29;
37	37	(H) prekindergarten programs under Subchapter E
38	38	or E-1, Chapter 29, except class size limits for prekindergarten
39	39	classes imposed under Section 25.112, which do not apply;
40	40	(I) extracurricular activities under Section
41	41	33.081;
42	42	(J) discipline management practices or behavior
43	43	management techniques under Section 37.0021;
44	44	(K) health and safety under Chapter 38;
45	45	(L) the provisions of Subchapter A, Chapter 39;
46	46	(M) public school accountability and special
47	47	investigations under Subchapters A, B, C, D, F, G, and J, Chapter
48	48	39, and Chapter 39A;
49	49	(N) the requirement under Section 21.006 to
50	50	report an educator's misconduct;
51	51	(O) intensive programs of instruction under
52	52	Section 28.0213;
53	53	(P) the right of a school employee to report a
54	54	crime, as provided by Section 37.148;
55	55	(Q) bullying prevention policies and procedures
56	56	under Section 37.0832;
57	57	(R) the right of a school under Section 37.0052
58	58	to place a student who has engaged in certain bullying behavior in a
59	59	disciplinary alternative education program or to expel the student;
60	60	(S) the right under Section 37.0151 to report to
61	61	local law enforcement certain conduct constituting assault or
62	62	harassment;
63	63	(T) a parent's right to information regarding the
64	64	provision of assistance for learning difficulties to the parent's
65	65	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
66	66	(U) establishment of residency under Section
67	67	25.001;
68	68	(V) school safety requirements under Sections
69	69	37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
70	70	37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and
71	71	37.2071 and Subchapter J, Chapter 37;
72	72	(W) the early childhood literacy and mathematics
73	73	proficiency plans under Section 11.185;
74	74	(X) the college, career, and military readiness
75	75	plans under Section 11.186; [and]
76	76	(Y) parental options to retain a student under
77	77	Section 28.02124; and
78	78	(Z) the requirement to collect and report
79	79	information under Section 25.0023.
80	80	SECTION 2. Subchapter A, Chapter 25, Education Code, is
81	81	amended by adding Section 25.0023 to read as follows:
82	82	Sec. 25.0023. COLLECTION OF CITIZENSHIP OR IMMIGRATION
83	83	STATUS INFORMATION AS PART OF ENROLLMENT. (a) In this section,
84	84	"student not lawfully present" means a student who is not:
85	85	(1) a citizen or national of the United States; or
86	86	(2) an alien who is lawfully admitted for permanent
87	87	residence in the United States under the federal Immigration and
88	88	Nationality Act (8 U.S.C. Section 1101 et seq.).
89	89	(b) To the extent allowed by state or federal law, a school
90	90	district shall include on an enrollment form a question regarding
91	91	the citizenship or immigration status of the person seeking
92	92	admission to the district under Section 25.001. The form must
93	93	include a statement that the person's response to the question will
94	94	not affect admission to the district.
95	95	(c) Not later than September 1 of each year, a school
96	96	district shall report, in the manner and form prescribed by
97	97	commissioner rule:
98	98	(1) the number of students not lawfully present who
99	99	were admitted to the district during the preceding school year; and
100	100	(2) for each student described by Subdivision (1):
101	101	(A) the cost of educating the student, including
102	102	costs associated with the need to hire additional classroom
103	103	teachers or other employees; and
104	104	(B) whether the student requires additional
105	105	services, including services for:
106	106	(i) a disability;
107	107	(ii) limited English proficiency; or
108	108	(iii) failure to perform satisfactorily on
109	109	an assessment instrument administered under Section 39.023.
110	110	(d) Not later than November 1 of each year, the agency shall
111	111	submit to the governor and the legislature a report on students not
112	112	lawfully present admitted to a school district during the preceding
113	113	school year. The report must include the data submitted under
114	114	Subsection (c) aggregated statewide.
115	115	(e) This section may not be construed to permit a school
116	116	district to consider a person's citizenship or immigration status
117	117	for purposes of admission.
118	118	SECTION 3. This Act applies beginning with the 2025-2026
119	119	school year.
120	120	SECTION 4. Notwithstanding Section 25.0023(d), Education
121	121	Code, as added by this Act, the Texas Education Agency shall submit
122	122	the initial report required by that subsection not later than
123	123	November 1, 2026.
124	124	SECTION 5. This Act takes effect immediately if it receives
125	125	a vote of two-thirds of all the members elected to each house, as
126	126	provided by Section 39, Article III, Texas Constitution. If this
127	127	Act does not receive the vote necessary for immediate effect, this
128	128	Act takes effect September 1, 2025.