Olcott Bill Counts Lawfully Present Students As ‘Not Lawfully Present’

The text as introduced · 867 words

89R15372 RDR-D

By: Olcott
H.B. No. 4886

A BILL TO BE ENTITLED

AN ACT

relating to reporting on students not lawfully present in the

United States enrolled in a public school.

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. (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 a question 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 question will

not affect admission to the district.

(c) Not later than September 1 of each year, a school

district shall report, in the manner and form prescribed by

commissioner rule:

(1) the number of students not lawfully present who

were admitted to the district during the preceding school year; 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;

(ii) limited English proficiency; or

(iii) failure to perform satisfactorily on

an assessment instrument administered under Section 39.023.

(d) Not later than November 1 of each year, the agency shall

submit to the governor and the legislature a report on students not

lawfully present admitted to a school district during the preceding

school year. The report must include the data submitted under

Subsection (c) aggregated statewide.

(e) 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 applies beginning with the 2025-2026

school year.

SECTION 4. Notwithstanding Section 25.0023(d), Education

Code, as added by this Act, the Texas Education Agency shall submit

the initial report required by that subsection not later than

November 1, 2026.

SECTION 5. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.