Relating to reporting on students not lawfully present in the United States enrolled in a public school; creating a criminal offense.
Summary
HB 5371 would require Texas school districts, to the extent allowed by state or federal law, to add citizenship or immigration-status questions to enrollment forms. The bill states that a student’s response would not affect admission, but districts would have to record a “no available citizenship or immigration status” designation for students who do not provide answers. It also requires districts to maintain separate reporting categories for students who are not U.S. citizens or nationals and for lawful permanent residents.
The bill further directs districts to submit quarterly reports to the Texas Education Agency on the number of students not lawfully present, the cost of educating those students, and whether they need additional services such as special education or support for educational disadvantage. It creates a Class A misdemeanor for a person who knowingly gives a false statement on the enrollment form or for a school employee who enrolls a student not lawfully present without placing the required designation on the student’s permanent record.
Impact
HB 5371 would amend the Education Code to add a new Section 25.0023 and expand Section 12.104(b) so open-enrollment charter schools are also subject to the new requirements and criminal offense. It would impose new data-collection, recordkeeping, and quarterly reporting duties on school districts and create a new criminal penalty tied to enrollment-form disclosures and record designation. The bill would also affect students, parents, district employees, and charter schools by requiring immigration-status-related information to be collected and reported, while expressly stating that citizenship or immigration status may not be used to deny admission.
Sentiment
No committee testimony or recorded votes are provided, so there is no direct evidence of support or opposition from the legislative record included here. Based on the bill text alone, the measure appears to be framed as an information-gathering and accountability bill, but it addresses a highly sensitive immigration issue and creates criminal liability, which typically makes such proposals politically contentious. The referral to the Public Education committee indicates it was still in the early stages of consideration.
Contention
The main point of contention is the bill’s requirement that school districts ask about citizenship or immigration status and report the number and cost of educating students not lawfully present. Supporters would likely view this as a transparency and fiscal-accountability measure, while opponents would likely argue it could chill enrollment, stigmatize students, and create privacy and civil-rights concerns. Another likely flashpoint is the criminal offense for false statements on enrollment forms and for employees who fail to place the required designation on a student’s record, which could expose district staff and families to misdemeanor liability.
Relating to the reporting and investigation of misconduct by public and private school employees; creating a criminal offense; providing a civil penalty.
Relating to the resident status, tuition rates, certain financial support, and certain documentation requirements for students enrolled at public institutions of higher education, including students not lawfully present in the United States.
Relating to prohibiting certain dealings with foreign adversaries by public schools and public institutions of higher education; providing civil penalties; creating criminal offenses.