This situation has been ongoing since 1982 when the SCOTUS declared Texas law
uncontitutional in Plyer v Doe. Under that law no district could use state funds to
educate an illegal child.
The 2001 legislation HB 1403 was essential redone in 2005 by Senate Bill 1528 which
made residency requirements essentially uniform for all students, regardless of
their legal status.
It is what it is until legislation is changed that will pass SCOTUS muster. JMO.
That’s probably accurate. SCOTUS is all about the appearance of no separate classes.