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A BILL TO BE ENTITLED
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AN ACT
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relating to the admission to public schools of children unlawfully |
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present in the United States and the eligibility of those children |
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for the benefits of the available school fund and Foundation School |
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Program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.001, Education Code, is amended by |
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amending Subsections (a), (b), and (c) and adding Subsections |
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(a-1), (b-3), and (k) to read as follows: |
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(a) A citizen or national of the United States, or an alien |
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lawfully present in the United States, [person] who, on the first |
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day of September of any school year, is at least five years of age |
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and under 21 years of age, or is at least 21 years of age and under |
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26 years of age and is admitted by a school district to complete the |
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requirements for a high school diploma is entitled to the benefits |
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of the available school fund for that year. Any other citizen or |
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national of the United States or alien lawfully present in the |
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United States [person] enrolled in a prekindergarten class under |
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Section 29.153 is entitled to the benefits of the available school |
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fund. |
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(a-1) Notwithstanding Subsection (a), a person admitted by |
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a school district under Subsection (b-3) is entitled to the |
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benefits of the available school fund. |
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(b) The board of trustees of a school district or its |
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designee shall admit into the public schools of the district free of |
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tuition a person who is a citizen or national of the United States, |
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or an alien lawfully present in the United States, and is over five |
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and younger than 21 years of age on the first day of September of the |
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school year in which admission is sought, and may admit a person who |
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is at least 21 years of age and under 26 years of age for the purpose |
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of completing the requirements for a high school diploma, if: |
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(1) the person and either parent of the person reside |
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in the school district; |
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(2) the person does not reside in the school district |
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but a parent of the person resides in the school district and that |
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parent is a joint managing conservator or the sole managing |
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conservator or possessory conservator of the person; |
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(3) the person and the person's guardian or other |
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person having lawful control of the person under a court order |
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reside within the school district; |
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(4) the person has established a separate residence |
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under Subsection (d); |
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(5) the person is homeless, regardless of the |
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residence of the person, of either parent of the person, or of the |
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person's guardian or other person having lawful control of the |
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person; |
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(6) the person is a foreign exchange student placed |
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with a host family that resides in the school district by a |
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nationally recognized foreign exchange program, unless the school |
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district has applied for and been granted a waiver by the |
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commissioner under Subsection (e); |
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(7) the person resides at a residential facility |
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located in the district; |
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(8) the person resides in the school district and is 18 |
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years of age or older or the person's disabilities of minority have |
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been removed; |
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(9) the person does not reside in the school district |
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but the grandparent of the person: |
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(A) resides in the school district; and |
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(B) provides a substantial amount of |
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after-school care for the person as determined by the board; or |
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(10) the person and either parent of the person reside |
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in a residence homestead, as defined by Section 11.13(j), Tax Code, |
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that is located on a parcel of property any part of which is located |
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in the school district. |
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(b-3) Notwithstanding Subsection (b), the board of trustees |
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of a school district or the board's designee shall admit into the |
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public schools of the district free of tuition a person who is not a |
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citizen or national of the United States, or an alien lawfully |
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present in the United States, and is over five and younger than 21 |
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years of age on the first day of September of the school year in |
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which admission is sought, or is seeking admission to a |
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prekindergarten program under Section 29.153, if: |
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(1) the United States government has entered into an |
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agreement with this state to pay the cost of educating the person; |
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and |
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(2) the person is otherwise eligible for admission |
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under Subsection (b) or Section 29.153(b), as applicable. |
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(c) The board of trustees of a school district or the |
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board's designee may require evidence that a person is eligible to |
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attend the public schools of the district at the time the board or |
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its designee considers an application for admission of the person. |
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The board of trustees or its designee shall establish minimum proof |
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of residency, United States citizenship or nationality, or status |
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as an alien lawfully present in the United States acceptable to the |
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district. The board of trustees or its designee may make reasonable |
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inquiries to verify a person's eligibility for admission. |
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(k) The agency shall seek to enter into an agreement with |
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the United States government for the United States government to |
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pay the cost of educating persons described by Subsection (b-3). If |
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the agency and the United States government enter into such an |
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agreement, the agency shall: |
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(1) require each school district to report through the |
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Public Education Information Management System (PEIMS) the |
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information necessary to determine the amount of funding to which |
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the district is entitled under Chapters 46 and 48 for persons |
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admitted under Subsection (b-3); |
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(2) submit to the United States government for |
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reimbursement the total amount of funding determined under |
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Subdivision (1); and |
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(3) on receipt of reimbursement, distribute to each |
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school district the amount of funding to which the district is |
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entitled for persons admitted under Subsection (b-3). |
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SECTION 2. Section 48.003, Education Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) Notwithstanding Subsections (a) and (b), a student who |
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is not a citizen or national of the United States or an alien |
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lawfully present in the United States is not entitled to the |
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benefits of the Foundation School Program unless the student is |
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admitted by a school district under Section 25.001(b-3). |
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SECTION 3. This Act applies beginning with the 2026-2027 |
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school year. |
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SECTION 4. This Act takes effect September 1, 2025. |