Texas § ED.29.355 - ELIGIBLE CHILD

§ ED.29.355. ELIGIBLE CHILD

ELIGIBLE CHILD. (a) A child is eligible to participate in the program and may, subject to available funding, enroll in the program for the semester following the semester in which the child's application is submitted under Section 29.356 if: (1) the child's parent establishes that the child is a citizen or national of the United States or was lawfully admitted into the United States; and (2) the child is eligible to: (A) attend a school district or open-enrollment charter school under Section 25.001 , including if the child is a child of a parent who is an active duty member of the United States armed forces; or (B) enroll in a school district's or open-enrollment charter school's prekindergarten program under Section 29.153 . (a-1) A child's parent may establish proof of the child's residency in this state for purposes of verifying the child's eligibility to participate in the program under Subsection (a)(2) by submitting any of the following documents in the parent's name: (1) a utility bill; (2) a lease agreement or mortgage statement; (3) a driver's license or state ID; (4) a voter registration certificate; (5) a letter from a government agency; or (6) a notarized affidavit of residency. (b) A child who establishes eligibility under this section may, subject to available funding and the requirements of this subchapter, participate in the program until the earliest of the date on which: (1) the child graduates from high school; (2) the child is no longer eligible to either attend a school district or open-enrollment charter school under Section 25.001 or enroll in a school district's or open-enrollment charter school's prekindergarten program under Section 29.153 , as applicable; (3) the child enrolls in a school district or open-enrollment charter school in a manner in which the child will be counted toward the district's or school's average daily attendance for purposes of the allocation of funding under the Foundation School Program; or (4) the child is declared ineligible for the program by the comptroller under this subchapter. Added by Acts 2025, 89th Leg., R.S., Ch. 2 (S.B. 2 ), Sec. 2, eff. September 1, 2025.