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A BILL TO BE ENTITLED
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AN ACT
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relating to information regarding the citizenship and immigration |
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status of public school students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 7, Education Code, is |
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amended by adding Section 7.011 to read as follows: |
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Sec. 7.011. COLLECTION AND REPORTING OF INFORMATION |
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REGARDING STUDENT CITIZENSHIP AND IMMIGRATION STATUS. (a) In this |
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section, "unauthorized alien" means a person who: |
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(1) is not a citizen or national of the United States; |
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and |
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(2) is not lawfully authorized to be present in the |
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United States according to the terms of 8 U.S.C. Section 1101 et |
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seq. |
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(b) Each school district and open-enrollment charter school |
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shall determine the citizenship and immigration status of each |
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student at the time of the student's initial enrollment in the |
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district or school. |
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(c) To make the determination required by Subsection (b), |
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the school district or open-enrollment charter school shall require |
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each student to provide an original or certified copy of the |
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student's birth certificate. If the student was not born a citizen |
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of the United States, the student's parent or guardian or other |
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person having lawful control of the student shall, not later than |
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the 30th day after the date of the student's enrollment in the |
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district or school: |
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(1) establish the citizenship or immigration status of |
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the student by: |
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(A) presenting official documentation of that |
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status for inspection and return by a school official; or |
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(B) submitting a notarized copy of the |
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documentation to a school official; and |
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(2) attest by affidavit that the documentation |
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presented under Subdivision (1) states the true identity of the |
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student. |
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(d) Each school district or open-enrollment charter school |
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shall include the information collected under this section |
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regarding the citizenship or immigration status of district or |
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school students in the district's or school's Public Education |
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Information Management System (PEIMS) report. |
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(e) The commissioner annually shall compile the information |
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collected under this section and under Section 29.066. The |
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compilation must: |
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(1) provide data on the number of students from each of |
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the following categories from each public school: |
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(A) citizens; |
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(B) immigrants classified under each immigration |
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classification; and |
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(C) students enrolled in bilingual education or a |
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special language program; and |
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(2) identify and analyze any impact on the standard or |
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quality of education provided to students who are citizens that may |
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occur as a result of the enrollment of students who are unauthorized |
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aliens. |
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(f) The commissioner shall adopt rules to administer this |
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section, including rules to establish objective criteria for |
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identifying and assessing the educational impact resulting from the |
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enrollment of unauthorized aliens as required by Subsection (e). |
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The rules may authorize the commissioner to contract with reputable |
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scholars or research institutions to identify and validate the |
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criteria. The rules must provide for imposing sanctions against a |
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school district or open-enrollment charter school that fails to |
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include the information collected under this section in the |
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district's or school's Public Education Information Management |
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System (PEIMS) report. The rules adopted under this section may not |
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be used to discriminate against a student on the basis of race, |
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color, disability, sex, religion, age, or national origin. |
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SECTION 2. Section 7.008, Education Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) Information obtained under Section 7.011 that |
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personally identifies a student may not be disclosed except as |
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provided by 8 U.S.C. Section 1373 or 1644. |
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SECTION 3. This Act applies beginning with the 2011-2012 |
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school year. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |