88S30322 JTZ-D
	By: Leo-Wilson	H.B. No. 81

	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 2025-2026
	school year.
	SECTION 4.  This Act takes effect on the 91st day after the
	last day of the legislative session.