HB371 - 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.

  89R1665 JTZ-D     By: Bumgarner H.B. No. 371       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 2026-2027   school year.          SECTION 4.  This Act takes effect September 1, 2025.