Bill Summary – FastDemocracy

   
      88(3) HB 81 - Introduced version - Bill Text
      
            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 
         
            Statutes affected: 
Introduced: Education Code 25.001, Education Code 48.003 (Education Code 48, Education Code 25)



	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
	Statutes affected: Introduced: Education Code 25.001, Education Code 48.003 (Education Code 48, Education Code 25)