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

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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

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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.