HB5371 - Relating to reporting on students not lawfully present in the United States enrolled in a public school; creating a criminal offense.

      By: Lowe H.B. No. 5371       A BILL TO BE ENTITLED   AN ACT   relating to reporting on students not lawfully present in the   United States enrolled in a public school; creating a criminal   offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 12.104(b), Education Code, is amended to   read as follows:          (b)  An open-enrollment charter school is subject to:                (1)  a provision of this title establishing a criminal   offense;                (2)  the provisions in Chapter 554, Government Code;   and                (3)  a prohibition, restriction, or requirement, as   applicable, imposed by this title or a rule adopted under this   title, relating to:                      (A)  the Public Education Information Management   System (PEIMS) to the extent necessary to monitor compliance with   this subchapter as determined by the commissioner;                      (B)  criminal history records under Subchapter C,   Chapter 22;                      (C)  reading instruments and accelerated reading   instruction programs under Section 28.006;                      (D)  accelerated instruction under Section   28.0211;                      (E)  high school graduation requirements under   Section 28.025;                      (F)  special education programs under Subchapter   A, Chapter 29;                      (G)  bilingual education under Subchapter B,   Chapter 29;                      (H)  prekindergarten programs under Subchapter E   or E-1, Chapter 29, except class size limits for prekindergarten   classes imposed under Section 25.112, which do not apply;                      (I)  extracurricular activities under Section   33.081;                      (J)  discipline management practices or behavior   management techniques under Section 37.0021;                      (K)  health and safety under Chapter 38;                      (L)  the provisions of Subchapter A, Chapter 39;                      (M)  public school accountability and special   investigations under Subchapters A, B, C, D, F, G, and J, Chapter   39, and Chapter 39A;                      (N)  the requirement under Section 21.006 to   report an educator's misconduct;                      (O)  intensive programs of instruction under   Section 28.0213;                      (P)  the right of a school employee to report a   crime, as provided by Section 37.148;                      (Q)  bullying prevention policies and procedures   under Section 37.0832;                      (R)  the right of a school under Section 37.0052   to place a student who has engaged in certain bullying behavior in a   disciplinary alternative education program or to expel the student;                      (S)  the right under Section 37.0151 to report to   local law enforcement certain conduct constituting assault or   harassment;                      (T)  a parent's right to information regarding the   provision of assistance for learning difficulties to the parent's   child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);                      (U)  establishment of residency under Section   25.001;                      (V)  school safety requirements under Sections   37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,   37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and   37.2071 and Subchapter J, Chapter 37;                      (W)  the early childhood literacy and mathematics   proficiency plans under Section 11.185;                      (X)  the college, career, and military readiness   plans under Section 11.186; [ and ]                      (Y)  parental options to retain a student under   Section 28.02124 ; and                       (Z)     the requirement to collect and report   information under Section 25.0023 .          SECTION 2.  Subchapter A, Chapter 25, Education Code, is   amended by adding Section 25.0023 to read as follows:           Sec.   25.0023.     COLLECTION OF CITIZENSHIP OR IMMIGRATION   STATUS INFORMATION AS PART OF ENROLLMENT; CRIMINAL OFFENSE.   (a)   In   this section, "student not lawfully present" means a student who is   not:                 (1)  a citizen or national of the United States; or                 (2)     an alien who is lawfully admitted for permanent   residence in the United States under the federal Immigration and   Nationality Act (8 U.S.C. Section 1101 et seq.).           (b)     To the extent allowed by state or federal law, a school   district shall include on an enrollment form questions regarding   the citizenship or immigration status of the person seeking   admission to the district under Section 25.001.   The form must   include a statement that the person's response to the questions   will not affect admission to the district.           (c)     A school district that enrolls a person who does not   submit on the enrollment form answers to the questions described by   Subsection (b) shall place on the person's permanent school record   a designation of "no available citizenship or immigration status."     Documentation must be provided concerning immigration status with   proof of such. Reporting must include two distinct categories   regarding "students not lawfully present".   Reporting must include   clear and separate numbers for a non-citizen who is not a national   of the United States and an alien who is lawfully admitted for   permanent residence in the United States.           (d)     A school district shall prepare and submit to the agency   a quarterly report regarding:                 (1)     the number of students not lawfully present or   with a designation itemized by the categories in this Section   enrolled in the district; and                 (2)  for each student described by Subdivision (1):                       (A)     the cost of educating the student, including   costs associated with the need to hire additional classroom   teachers or other employees; and                       (B)     whether the student requires additional   services, including services for:                             (i)  a disability; or                             (ii)     the student's status as educationally   disadvantaged.           (e)  A person commits an offense if the person:                 (1)     provides a false statement on the enrollment form   in answering the questions described by Subsection (b); or                 (2)     is an employee of a school district who enrolls a   student not lawfully present in the district without placing the   designation required by Subsection (c) on the student's permanent   school record.           (f)     An offense under Subsection (e) is a Class A   misdemeanor.           (g)     This section may not be construed to permit a school   district to consider a person's citizenship or immigration status   for purposes of admission.          SECTION 3.  This Act takes effect September 1, 2025.