Revised and updated February 17, 2026
SECTION 1. DEFINITIONS.
For purposes of this Act:
“State education funding” means funds distributed under the state’s K–12 education funding formula, including both state and local entitlement components administered by the [state] education agency.
SECTION 2. ADMISSION AND ELIGIBILITY FOR TUITION-FREE PUBLIC EDUCATION.
A public school district shall, without charging tuition, enroll a school-age student who resides within the geographic boundaries of the public school district and provides valid documentation establishing that the student is:
(1) A citizen of the United States;
(2) A national of the United States;
(3) A lawful permanent resident of the United States;
(4) An individual granted refugee status by the U.S. Department of Homeland Security;
(5) An individual granted asylum status by the U.S. Department of Homeland Security; or
(6) An alien lawfully present in the United States as evidenced by a valid, unexpired visa issued by a federal agency with authority to verify such status.
SECTION 3. VERIFICATION OF DOCUMENTATION.
(a) A school district shall require reasonable evidence to determine a student’s eligibility under Section 2, including federal immigration documentation, passports, permanent resident cards, certificates of citizenship, vital records, documentation of refugee admission, asylum grant notices, or valid visa records.
(b) A U.S. birth certificate issued by a state, territory, or possession of the United States with authority to register vital records constitutes sufficient documentation to establish that a student is a citizen of the United States under Section 2. A district may not deny tuition-free enrollment to a U.S. citizen student on the ground that the student lacks federal immigration documents if a valid birth certificate is provided unless a decision has been issued by the U.S. Supreme Court establishing that birth in the United States alone is not sufficient to establish that an individual is a U.S. citizen.
(c) A district may not deny tuition-free enrollment to a student who is unable to provide documentation proving eligibility under Section 2, if at least one of the student’s parents provides documentation proving that parent is a U.S. citizen or U.S. national.
(d) A school district must verify all immigration documentation submitted under this section through the Systematic Alien Verification for Entitlements (SAVE) Program, or any successor program operated by the U.S. Department of Homeland Security, to confirm valid immigration status. A district may make additional reasonable inquiries to verify authenticity when required.
(e) Nothing in this section shall be construed to prohibit a district from requesting supplemental documentation when necessary to resolve discrepancies, verify authenticity, or determine eligibility for tuition-free enrollment.
SECTION 4. CONDITIONING OF STATE EDUCATION FUNDING.
(a) A student who cannot provide documentation establishing eligibility under Subsection 2 may be admitted by the school district; however, the district shall collect, either from the student, third parties, or local government funding sources, the standard nonresident tuition rate applied to all nonresident students who are admitted to the school. If the school does not require nonresidents to pay tuition, the school will collect tuition that is equal to the average of the sum of the local tax revenue per student generated by the[state’s K–12 education funding formula]and the state portion of[the funding formula]. Such tuition must be secured and collected by the school district in full prior to enrollment. A school district shall not allocate or reprogram any state funds, whatever the source, to pay for the tuition of any such student.
(b) A school district may not receive, retain, or claim state education funding for any student who does not meet the eligibility requirements for tuition-free enrollment under Section 2 during any period in which tuition has not been paid by such student or otherwise collected by the school district.
(c) The [state] education agency shall determine compliance using district reports and shall regularly audit records.
(d) If the agency determines that state funds were distributed in violation of this section, the agency shall:
(1) Withhold future payments in an amount sufficient to recover improperly distributed funds; or
(2) Require repayment pursuant to rules adopted under this Act.
(e) Nothing in this section requires a school district to deny enrollment to any student; however, state funding eligibility is conditioned on compliance with this Act.
SECTION 5. ANNUAL REPORTING REQUIREMENT.
(a) Each school district shall report annually to the [state] education agency, in a manner prescribed by the agency, the following information for the preceding school year:
(1) The number of students who were unable to provide documentation under Section 2;
(2) The amount of tuition assessed and collected for those students; and
(3) Any additional data necessary to determine the fiscal impact on the district and the state.
(b) The agency shall compile the information reported under this section and submit an annual statewide report to the governor, lieutenant governor, speaker of the state house of representatives, and the chairs of the state legislative education committees. The report must be publicly accessible on the [state] education agency website.
SECTION 6. RULEMAKING AUTHORITY.
The [state] education agency shall adopt rules necessary to implement this Act, including documentation standards, verification procedures, tuition calculation methods, uniform reporting requirements, and audit procedures. Rules adopted under this section may not alter or expand eligibility for state education funding beyond the conditions established in Section 4.
SECTION 7. APPLICABILITY.
This Act applies beginning with the 2026–2027 school year.
