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A BILL TO BE ENTITLED
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AN ACT
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relating to data collected by public schools regarding the |
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citizenship or immigration status of certain individuals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 25, Education Code, is |
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amended by adding Section 25.0023 to read as follows: |
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Sec. 25.0023. DATA REGARDING CITIZENSHIP OR IMMIGRATION |
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STATUS OF STUDENT. (a) In this section, "alien" means a person who |
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is not a citizen or national of the United States. |
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(b) At the time a student enrolls in a public school, the |
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school district shall inquire as to the citizenship or immigration |
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status of the student and shall categorize the student as: |
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(1) a citizen or national of the United States; |
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(2) an alien who is legally present in the United |
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States; or |
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(3) an alien who is not legally present in the United |
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States. |
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(b-1) Not later than October 1, 2007, a school district shall |
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inquire as to the citizenship or immigration status of each student |
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currently enrolled in the district and categorize the student as |
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provided by Subsection (b). This subsection expires January 1, |
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2008. |
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(c) Not later than November 1 of each school year, a school |
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district shall submit to the agency data relating to the number of |
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students enrolled in the district in each category described by |
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Subsection (b). |
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(d) The agency shall establish a uniform reporting and |
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collection system for data required under this section. |
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(e) The commissioner shall adopt necessary rules to |
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implement this section, including rules to govern the reporting and |
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collection of data. |
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(f) Not later than January 1 of each odd-numbered year, the |
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agency shall compile the data collected under this section and |
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submit to each member of the legislature a report containing: |
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(1) for each school district in this state, the total |
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number of students in each category described by Subsection (b) |
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enrolled in the district during each year of the preceding state |
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fiscal biennium; and |
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(2) for all school districts in this state, the total |
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number of students in each category described by Subsection (b) |
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enrolled in the districts during each year of the preceding state |
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fiscal biennium. |
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(g) The report may not contain any information that |
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individually identifies a student and must comply with the Family |
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Educational Rights and Privacy Act of 1974 (20 U.S.C. Section |
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1232g). |
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(h) Information collected under this section is for |
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statistical purposes only and may not be used to prevent a student |
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from enrolling in a public school. |
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SECTION 2. This Act applies beginning with the 2007-2008 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |