Texas 2025 - 89th Regular

Texas House Bill HB5371 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Lowe H.B. No. 5371
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to reporting on students not lawfully present in the
7	9		United States enrolled in a public school; creating a criminal
8	10		offense.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Section 12.104(b), Education Code, is amended to
11	13		read as follows:
12	14		(b) An open-enrollment charter school is subject to:
13	15		(1) a provision of this title establishing a criminal
14	16		offense;
15	17		(2) the provisions in Chapter 554, Government Code;
16	18		and
17	19		(3) a prohibition, restriction, or requirement, as
18	20		applicable, imposed by this title or a rule adopted under this
19	21		title, relating to:
20	22		(A) the Public Education Information Management
21	23		System (PEIMS) to the extent necessary to monitor compliance with
22	24		this subchapter as determined by the commissioner;
23	25		(B) criminal history records under Subchapter C,
24	26		Chapter 22;
25	27		(C) reading instruments and accelerated reading
26	28		instruction programs under Section 28.006;
27	29		(D) accelerated instruction under Section
28	30		28.0211;
29	31		(E) high school graduation requirements under
30	32		Section 28.025;
31	33		(F) special education programs under Subchapter
32	34		A, Chapter 29;
33	35		(G) bilingual education under Subchapter B,
34	36		Chapter 29;
35	37		(H) prekindergarten programs under Subchapter E
36	38		or E-1, Chapter 29, except class size limits for prekindergarten
37	39		classes imposed under Section 25.112, which do not apply;
38	40		(I) extracurricular activities under Section
39	41		33.081;
40	42		(J) discipline management practices or behavior
41	43		management techniques under Section 37.0021;
42	44		(K) health and safety under Chapter 38;
43	45		(L) the provisions of Subchapter A, Chapter 39;
44	46		(M) public school accountability and special
45	47		investigations under Subchapters A, B, C, D, F, G, and J, Chapter
46	48		39, and Chapter 39A;
47	49		(N) the requirement under Section 21.006 to
48	50		report an educator's misconduct;
49	51		(O) intensive programs of instruction under
50	52		Section 28.0213;
51	53		(P) the right of a school employee to report a
52	54		crime, as provided by Section 37.148;
53	55		(Q) bullying prevention policies and procedures
54	56		under Section 37.0832;
55	57		(R) the right of a school under Section 37.0052
56	58		to place a student who has engaged in certain bullying behavior in a
57	59		disciplinary alternative education program or to expel the student;
58	60		(S) the right under Section 37.0151 to report to
59	61		local law enforcement certain conduct constituting assault or
60	62		harassment;
61	63		(T) a parent's right to information regarding the
62	64		provision of assistance for learning difficulties to the parent's
63	65		child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
64	66		(U) establishment of residency under Section
65	67		25.001;
66	68		(V) school safety requirements under Sections
67	69		37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
68	70		37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and
69	71		37.2071 and Subchapter J, Chapter 37;
70	72		(W) the early childhood literacy and mathematics
71	73		proficiency plans under Section 11.185;
72	74		(X) the college, career, and military readiness
73	75		plans under Section 11.186; [and]
74	76		(Y) parental options to retain a student under
75	77		Section 28.02124; and
76	78		(Z) the requirement to collect and report
77	79		information under Section 25.0023.
78	80		SECTION 2. Subchapter A, Chapter 25, Education Code, is
79	81		amended by adding Section 25.0023 to read as follows:
80	82		Sec. 25.0023. COLLECTION OF CITIZENSHIP OR IMMIGRATION
81	83		STATUS INFORMATION AS PART OF ENROLLMENT; CRIMINAL OFFENSE. (a) In
82	84		this section, "student not lawfully present" means a student who is
83	85		not:
84	86		(1) a citizen or national of the United States; or
85	87		(2) an alien who is lawfully admitted for permanent
86	88		residence in the United States under the federal Immigration and
87	89		Nationality Act (8 U.S.C. Section 1101 et seq.).
88	90		(b) To the extent allowed by state or federal law, a school
89	91		district shall include on an enrollment form questions regarding
90	92		the citizenship or immigration status of the person seeking
91	93		admission to the district under Section 25.001. The form must
92	94		include a statement that the person's response to the questions
93	95		will not affect admission to the district.
94	96		(c) A school district that enrolls a person who does not
95	97		submit on the enrollment form answers to the questions described by
96	98		Subsection (b) shall place on the person's permanent school record
97	99		a designation of "no available citizenship or immigration status."
98	100		Documentation must be provided concerning immigration status with
99	101		proof of such. Reporting must include two distinct categories
100	102		regarding "students not lawfully present". Reporting must include
101	103		clear and separate numbers for a non-citizen who is not a national
102	104		of the United States and an alien who is lawfully admitted for
103	105		permanent residence in the United States.
104	106		(d) A school district shall prepare and submit to the agency
105	107		a quarterly report regarding:
106	108		(1) the number of students not lawfully present or
107	109		with a designation itemized by the categories in this Section
108	110		enrolled in the district; and
109	111		(2) for each student described by Subdivision (1):
110	112		(A) the cost of educating the student, including
111	113		costs associated with the need to hire additional classroom
112	114		teachers or other employees; and
113	115		(B) whether the student requires additional
114	116		services, including services for:
115	117		(i) a disability; or
116	118		(ii) the student's status as educationally
117	119		disadvantaged.
118	120		(e) A person commits an offense if the person:
119	121		(1) provides a false statement on the enrollment form
120	122		in answering the questions described by Subsection (b); or
121	123		(2) is an employee of a school district who enrolls a
122	124		student not lawfully present in the district without placing the
123	125		designation required by Subsection (c) on the student's permanent
124	126		school record.
125	127		(f) An offense under Subsection (e) is a Class A
126	128		misdemeanor.
127	129		(g) This section may not be construed to permit a school
128	130		district to consider a person's citizenship or immigration status
129	131		for purposes of admission.
130	132		SECTION 3. This Act takes effect September 1, 2025.