Tuesday, Jan. 28, 2025
Fact brief: Do Texas schools track students’ immigration and citizenship status?
Texas does not track the immigration and citizenship status of students attending public schools.
A 1982 U.S. Supreme Court ruling on a Texas law established that children regardless of immigration status have the right to public education.
Texas does not allow schools to ask about a child’s immigration status.
Federal privacy laws protect children’s personal information in student records.
Texas directs schools to collect data on whether students are immigrants.
Texas follows a definition outlined in the No Child Left Behind Act of 2001 that defines immigrant children as “individuals who are aged 3 through 21; were not born in any state; and have not been attending one or more schools in any one or more states for more than three full academic years.”
This fact brief is responsive to conversations such as this one.
Sources
- United States Courts Access to Education - Rule of Law
- Texas Gateway Defining Immigrant Children and Youth
- U.S. Department of Education Family Educational Rights and Privacy
- Texas Education Agency Enrollment in Texas Public Schools 2022-23
- Texas Education Agency Immigrant Indicator Code
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Fact briefs are bite-sized, well-sourced explanations that offer clear "yes" or "no" answers to questions, confusions, and unsupported claims circulating online. They rely on publicly available data and documents, often from the original source. Fact briefs are written and published by Gigafact contributor publications.
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