Illegal students targeted
Folwell offers measure to track illegal immigrants attending public schools
State Rep. Dale Folwell

By BERTRAND M. GUTIERREZ | Winston-Salem Journal
Published: June 01, 2011

State Rep. Dale Folwell, R-Forsyth, said Tuesday that legislation he proposed would keep track of illegal immigrants in public schools with the overarching goal of stemming the flow of illegal immigration to North Carolina.

"We are having to make tough choices about what roads get paved, what folks get medical attention, what school teachers are going to have jobs … and how we're going to pay for them. And $1 spent on an illegal immigrant in any phase of government is a dollar taken away from somebody who's here legally," Folwell said.

Folwell's bill, known as HB744, would require principals to ask parents of new students to say whether the child is a U.S. citizen, and if not, to give the student's immigration status. The bill says that the information on immigration status would be used only for fiscal analysis and not to deny admission to any student.

All children are entitled to a public education, including children who are in the United States illegally, the U.S. Supreme Court ruled in 1982.
That principle was reinforced in May, when the U.S. Department of Education's Office for Civil Rights sent a letter warning school districts not to let enrollment policies lead to the exclusion of students based on their immigration status.

"You must ensure that you do not discriminate on the basis of race, color, or national origin, and that students are not barred from enrolling in public schools at the elementary and secondary levels on the basis of their own citizenship or immigration status," the letter reads.

The Folwell bill says it would not bar any child from getting an education, but Hispanic advocacy groups said it could have other consequences.

"Requiring children to register their immigration status with their schools will inevitably result in discrimination, harassment or exclusion. Plain and simple, the legislators who support these bills are unprincipled cowards," said a press release from the Raleigh-based N.C. Dream Team, an immigrant-rights youth advocacy group.

Folwell said, however, that policies must change to prevent illegal immigrants from choosing North Carolina as their home.

"The main thing I want is to answer the question: What policies are there at the state level that are making North Carolina a magnet for illegal immigration?" Folwell said. "I want to demagnetize this state."

This was the sixth time Folwell has introduced the bill in the four terms he has served in the state General Assembly.

The House Education Committee, which was considering the bill, didn't vote on the measure Tuesday. Its chairman, Rep. Bryan Holloway, R-Rockingham, said members would want to hear from the public and take time to think over the legislation first.

In Forsyth County, Don Martin, the superintendent of the Winston-Salem/Forsyth County Schools, said: "As I understand, if this bill were passed, regardless of a parent's response, a student would be enrolled, which is consistent with federal law.

"I think that the intent is to get an idea of how many students are not here legally. Many people speculate on this number. The jury is out on whether this bill could accomplish that."

School board members had their own point of view of Folwell's bill.
"That's a little out of touch with reality," board member Victor Johnson said. "Dale is a friend of mine. I can understand his feelings about immigration. Some don't know the law, don't abide by the law. But the pressure should not be passed on to the kids."

Board member Jane Goins was more favorable toward the legislation, saying that the school system should be able to keep track of students who are illegal immigrants.

"I don't see why we shouldn't be able to do that. We all know it takes more money for non-English-speaking students, but I still think they're entitled to an education," Goins said. "There's no reason not to ask for information from our students. But we're responsible for the education of every child. That's it in a nutshell."

Folwell's bill also would try to deal with age disparities in the classroom, by requiring parents to submit birth certificates, Folwell said.

On that aspect, Martin said: "I don't envision that this bill will address age disparity in the classroom. Clearly inadequate records may place a student a year off from peers, but there is a certain amount of developmental disparity in every classroom and teachers always have to adjust."

bgutierrez@wsjournal.com
(336) 727-7278

http://www2.journalnow.com/news/2011/ju ... mment_form

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