HB 4886

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.