Lowe Bill Labels Students With Lawful Status ‘Not Lawfully Present’

The text as introduced · 891 words

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.