Bumgarner Bill Ends Free School For Unlawfully Present Children

The text as introduced · 1,062 words

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.