Each week, “Answer Key” aims to help families by responding to an important question about education and schools in Greater Houston. If you have a question for us to answer, please email us at education@houstonlanding.org or fill out the form at the end of this article.

This week’s question:

What rights do students living in the U.S. illegally have in Texas schools, colleges and universities?

As President Donald Trump’s administration makes changes that could impact countless people living in the country illegally, many school children and college students in Texas are caught in the middle of battles over immigration.

Texas has generally treated children living in the country illegally virtually the same as American citizens, giving them access to schools and financial support at a key time in their development. However, some Republicans in the Texas Legislature are pushing to change that as the party continues to shift right on immigration policy.

Here’s what to know about the educational rights afforded to Texas children living in the country illegally.

Can children enroll in Texas’ K-12 public schools if they’re living in the country illegally?

Yes. 

In 1982, the U.S. Supreme Court case ruled in the Plyler v. Doe court case— which started in Texas — that K-12 public schools must provide a tuition-free education to all children regardless of immigration status. Schools don’t ask about a student or guardian’s legal status. 

Some conservatives, however, want state legislatures to pass laws that violate Plyler v. Doe, with the goal of bringing the issue back to the Supreme Court and getting the justices to overturn the 1982 ruling. 

At least three bills filed in the Texas Legislature ahead of the current session call for denying access to public schools to children living illegally in the U.S., charging their families tuition for access to schools or forcing the federal government to cover costs associated with educating them.

Texas Lt. Gov Dan Patrick, who leads the state Senate, has not listed the issue as one of his top 25 priorities for the legislative session, which is in the early days. Gov. Greg Abbott called in 2022 for the federal government to cover costs associated with educating children living in the country illegally, but he hasn’t revisited the issue often in the years since. 

In Tennessee, lawmakers are considering two bills that could impact the state’s immigrant communities if the Supreme Court reverses Plyler v. Doe.

Can schools release information to ICE agents?

Not without a warrant. 

Students without legal status are still protected under the Family Educational Rights and Privacy Act, or FERPA. School districts are not allowed to release or discuss a student’s education records, including personal information, without a parent’s consent. 

An ICE agent would have to present a valid warrant to school administrators to access any information or speak to a student without legal status.

Can all students receive free or reduced-price meals?

Yes. 

The National School Lunch Program, which covers costs associated with free breakfast, lunch and dinner, is based on the income level of a student’s family. It doesn’t take immigration status into account.

Do they receive free bus transportation in K-12?

Yes. 

Eligibility for bus transportation generally relies on the distance the student lives from school. A student’s immigration status is not a factor.

Generally, yes.

Students are eligible to attend in-state colleges and universities and pay in-state tuition if they graduated from a Texas high school, lived in Texas for three years before graduating and pledge to become a permanent resident at the earliest possible time.

Can they receive financial aid from the government to help pay the costs of college?

Students without legal status can’t receive federal financial aid, including Pell Grants.

In 2001, Gov. Rick Perry signed the Texas Dream Act granting students living in the country illegally the ability to get in-state tuition and apply for state financial aid. 

State Rep. Terri Leo Wilson, R-Galveston, filed a bill ahead of the current legislative session to end in-state tuition for students living in the country illegally. Previous attempts to end in-state tuition for those students have failed.

Angelica Perez is a general assignment reporter for the Landing’s education team. Find her @byangelicaperez on Instagram and X, or reach her directly at angelica@houstonlanding.org. 

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