Bill Text: TX SB50 | 2023 | 88th Legislature 3rd Special Session | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-10-09 - Filed [SB50 Detail]

Download: Texas-2023-SB50-Introduced.html
  88S30322 JTZ-D
 
  By: Springer S.B. No. 50
 
 
 
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.  Section 25.001, Education Code, is amended by
  amending Subsections (a), (b), and (c) and adding Subsections
  (a-1), (b-3), and (k) 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.
         (a-1)  Notwithstanding Subsection (a), a person admitted by
  a school district under Subsection (b-3) 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 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.
         (b-3)  Notwithstanding Subsection (b), the board of trustees
  of a school district or the board's designee shall admit into the
  public schools of the district free of tuition a person who is not 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, or is seeking admission to a
  prekindergarten program under Section 29.153, if:
               (1)  the United States government has entered into an
  agreement with this state to pay the cost of educating the person;
  and
               (2)  the person is otherwise eligible for admission
  under Subsection (b) or Section 29.153(b), as applicable.
         (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.
         (k)  The agency shall seek to enter into an agreement with
  the United States government for the United States government to
  pay the cost of educating persons described by Subsection (b-3). If
  the agency and the United States government enter into such an
  agreement, the agency shall:
               (1)  require each school district to report through the
  Public Education Information Management System (PEIMS) the
  information necessary to determine the amount of funding to which
  the district is entitled under Chapters 46 and 48 for persons
  admitted under Subsection (b-3);
               (2)  submit to the United States government for
  reimbursement the total amount of funding determined under
  Subdivision (1); and
               (3)  on receipt of reimbursement, distribute to each
  school district the amount of funding to which the district is
  entitled for persons admitted under Subsection (b-3).
         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 unless the student is
  admitted by a school district under Section 25.001(b-3).
         SECTION 3.  This Act applies beginning with the 2025-2026
  school year.
         SECTION 4.  This Act takes effect on the 91st day after the
  last day of the legislative session.
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