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HB 371 – 2025 – 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.

Summary of the Bill:

This bill, titled “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,” amends the Texas Education Code to address the admission of children unlawfully present in the United States to public schools and their eligibility for state education funding. Here are the key provisions:

Key Provisions:

1. Admission to Public Schools (Section 25.001):
– Eligibility for Admission:
– Generally, only U.S. citizens, nationals, or aliens lawfully present in the United States are entitled to the benefits of the available school fund and admission to public schools.
– However, a new provision (Subsection (b-3) allows school districts to admit children who are not U.S. citizens, nationals, or lawfully present aliens if:
1. The U.S. government has entered into an agreement with Texas to pay the cost of educating the child.
2. The child is otherwise eligible for admission under existing criteria (e.g., residency requirements).

– Proof of Eligibility:
– School districts may require evidence of U.S. citizenship, nationality, or lawful presence for admission.
– Districts are authorized to make reasonable inquiries to verify eligibility.

– Agency Responsibilities (Subsection (k):
– The Texas Education Agency (TEA) must seek an agreement with the U.S. government to reimburse the cost of educating children admitted under Subsection (b-3).
– If such an agreement is reached, the TEA will:
1. Require school districts to report enrollment data for these students.
2. Submit reimbursement requests to the U.S. government.
3. Distribute reimbursed funds to school districts.

2. Foundation School Program Eligibility (Section 48.003):
– Children who are not U.S. citizens, nationals, or lawfully present aliens are not eligible for benefits under the Foundation School Program unless they are admitted under Section 25.001(b-3) (i.e., with a U.S. government reimbursement agreement in place).

3. Effective Date:
– Applies beginning with the **2026-2027 school year**.
– Takes effect on **September 1, 2025**.

Impact of the Bill:
– Restricts Access to Public Education Funding:Children unlawfully present in the United States are no longer eligible for state education funding unless the U.S. government agrees to reimburse Texas for their education costs.
– Conditional Admission: School districts may admit unlawfully present children only if a federal reimbursement agreement is in place.
– Increased Verification Requirements: School districts are required to verify the immigration status of students and may deny admission to those who cannot prove lawful presence.
– Federal Reimbursement Mechanism: The bill shifts the financial burden of educating unlawfully present children to the federal government, contingent on an agreement being reached.

This bill reflects a broader effort to limit state resources for individuals unlawfully present in the United States while seeking federal support for their education costs. It aligns with ongoing debates about immigration and public benefits.