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    Administrator Jean's Avatar
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    Department of Education: Unaccompanied Illegal Immigrant Minors 'Entitled to' Public

    Department of Education: Unaccompanied Illegal Immigrant Minors 'Entitled to' Public Education

    by Caroline May 11 Aug 2014, 12:10 PM PDT
    breitbart



    The Department of Education released a fact sheet Monday about the availability of public school education for undocumented immigrant children — specifically the tens of thousands unaccompanied minors who have recently entered the U.S. illegally.

    “We have begun to receive inquiries regarding educational services for a specific group of immigrant children who have been in the news – children from Central America who have recently crossed the U.S. - Mexico border,” the Department of Education explains.

    “This new fact sheet provides information to help education leaders better understand the responsibilities of States and local educational agencies (LEAs) in connection with such students, and the existing resources available to help educate all immigrant students – including children who recently arrived in the United States,” it adds.

    The fact sheet lays out the basics about the undocumented immigrant children’s rights and what communities can do to help with enrollment.

    “All children in the United States are entitled to equal access to a public elementary and secondary education, regardless of their or their parents' actual or perceived national origin, citizenship, or immigration status,” the fact sheet explains. “This includes recently arrived unaccompanied children, who are in immigration proceedings while residing in local communities with a parent, family member, or other appropriate adult sponsor.”

    Since October more than 62,900 unaccompanied minors have been detained illegally entering the U.S., the vast majority of who have been from Central America. As the fact sheet explains, the unaccompanied, undocumented minors are placed in the care of the Department of Health and Human Services (HHS) where HHS offers “educational services.”

    HHS then releases the children into the United States into the custody of a family member or other “sponsor,” while in their care the undocumented immigrant children “have a right” to attend public school.

    “While residing with a sponsor, these children have a right under federal law to enroll in public elementary and secondary schools in their local communities and to benefit from educational services, as do all children in the U.S.,” the sheet explains.

    Read the full fact sheet from the Department of Education:

    Educational Services for Immigrant Children and Those Recently Arrived to the United States

    Schools in the United States have always welcomed new immigrant children to their classrooms – according to the most recent data, there were more than 840,000 immigrant students in the United States, and more than 4.6 million English learners. We have begun to receive inquiries regarding educational services for a specific group of immigrant children who have been in the news – children from Central America who have recently crossed the U.S. - Mexico border. This fact sheet provides information to help education leaders better understand the responsibilities of States and local educational agencies (LEAs) in connection with such students, and the existing resources available to help educate all immigrant students – including children who recently arrived in the United States.

    Background

    All children in the United States are entitled to equal access to a public elementary and secondary education, regardless of their or their parents' actual or perceived national origin, citizenship, or immigration status. This includes recently arrived unaccompanied children, who are in immigration proceedings while residing in local communities with a parent, family member, or other appropriate adult sponsor.

    Under the law, the U. S. Department of Health and Human Services (HHS) is required to provide for the care and custody of unaccompanied children apprehended while crossing the border. While in care at a temporary shelter, such children are not enrolled in local schools but do receive educational services and other care from HHS providers who run temporary shelters.

    Recently arrived unaccompanied children are later released from federal custody to an appropriate sponsor – usually a parent, relative, or family friend – who can safely and appropriately care for them while their immigration cases proceed. While residing with a sponsor, these children have a right under federal law to enroll in public elementary and secondary schools in their local communities and to benefit from educational services, as do all children in the U.S.

    Existing Resources

    Existing resources that may be helpful to communities enrolling immigrant children, including newly arrived immigrant children, include:

    • Services for Educationally Disadvantaged Children (Title I): Title I, Part A of the Elementary and Secondary Education Act (ESEA) provides funds to raise the achievement of children who attend high-poverty schools. To the extent that newly arrived immigrant children attend Title I schools, they may be eligible to receive Title I, Part A services. Additional information about Title I, Part A programs is available here.

    • Individuals with Disabilities Education Act (IDEA): IDEA funds may be used by LEAs to evaluate children of any background who are suspected of having a disability under IDEA. Once a child is found to be a child with a disability under IDEA, the funds may be used to provide special education and related services to the child consistent with the child's individualized education program and subject to IDEA's notice and consent provisions. Additional information about IDEA is available here.

    • English Language Acquisition Programs: States are required to set aside up to 15 percent of their Title III funds under the ESEA for subgrants to LEAs that have experienced a significant increase in immigrant students. Such funds can be used for a broad range of activities including improving instruction, providing tutoring and intensified instruction, and conducting community participation programs. Such funds may be used to serve newly arrived immigrant children regardless of whether such children are English Learners. Additional information about Title III is available here and here.

    • McKinney-Vento Act: The McKinney-Vento Homeless Assistance Act delineates educational rights and support for children and youth experiencing homelessness, including guaranteeing immediate access to a free, appropriate public education. Federal law identifies a number of living arrangements such as sharing the housing of others, in which inhabitants would qualify for purposes of the Act. Under McKinney-Vento, school districts must appoint a local liaison to ensure, among other things, that (1) children and youth eligible under McKinney Vento are identified; (2) that they immediately enroll in, and have a full and equal opportunity to succeed in, the schools of the district; and (3) they receive educational services for which they are eligible, and referrals to health care services, dental services, mental health services, and other appropriate services.

    Unaccompanied children who are in HHS shelters would not be eligible for McKinney-Vento services, but children who are released to live with a sponsor may be eligible on a case-by-case basis under the law's broad definition, which includes youth who are living with family members in "doubled-up" housing, i.e., sharing the housing of other persons due to economic hardship or a similar reason. School districts should refer children they believe may qualify to the district's local liaison for further consideration and a determination of McKinney-Vento eligibility. More information about McKinney-Vento eligibility is available here [PDF, 1.4MB] Disclaimer and more information about the rights and services available under the McKinney-Vento Act is available here [PDF, 742KB] Disclaimer.

    • Migrant Education Programs (MEP): MEP funds are awarded to States under the authority of Title I, Part C of the ESEA. The MEP provides educational and supportive services to children who are migratory agricultural workers or fishers or who move with a parent or guardian who is a migratory agricultural worker or fisher. Newly arrived immigrant children may qualify as eligible migratory children on a case-by-case basis— provided they meet the program requirements and fit the program-specific definition of migratory child. Additional information about migrant education programs is available here.

    • National Clearinghouse for English Language Acquisition: This Clearinghouse provides non-monetary assistance in research-based strategies and approaches such as academic language development, and can also share data and models for the creation of Newcomer Centers to serve recently arrived immigrant students and English language learners. Additional information about the Clearinghouse is available here.

    Frequently Asked Questions

    Q1. Do States and school districts have an obligation to educate children who arrived as unaccompanied children to the United States?

    A1. Yes. Under Federal law, States and local educational agencies are obligated to provide all children – regardless of immigration status – with equal access to public education at the elementary and secondary level. This includes children such as unaccompanied children who may be involved in immigration proceedings. The U.S. Departments of Education and Justice published a joint guidance letter on this topic that is available here [PDF, 171KB] and a fact sheet that is available here [PDF, 568KB].

    Q2. Where are unaccompanied children housed while in temporary custody?

    A2. The Department of Health and Human Services operates about 100 short-term shelters throughout the nation for unaccompanied children that care for the children until they are released to sponsors, on average within 35 days. Shelters are operated by non-profit organizations, generally as group homes. HHS pays for and provides all services for the children while they are in care at a shelter. This includes providing food, clothing, education, medical screening, and any needed medical care to the children. The children at these shelters do not attend local public schools, do not integrate into the local community, and remain under staff supervision at all times. Additional information about HHS custody is available here.

    Q3. Are children provided with basic education services while in temporary custody at HHS shelters?

    A3. Yes. The children are provided with basic education services and activities by HHS grantees. Thus, these children do not enroll in local schools while living in HHS shelters.

    Q4. Are children who arrived as unaccompanied children ever enrolled in local schools?

    A4. While students are in HHS custody at HHS shelters, they will not be enrolled in the local school systems. When students are released to an appropriate sponsor, typically a parent, relative or family member, or other adult sponsor, while awaiting immigration proceedings, they have a right – just like other children living in their community – to enroll in local schools regardless of their or their parents' actual or perceived immigration or citizenship status. State laws also require children to attend school up to a certain age.

    Q5. Are immunization records available for children who arrived as unaccompanied children to the United States?

    A5. While at HHS shelters, the children receive vaccinations. When a child is released from HHS custody to a sponsor, the sponsor is given a copy of the child's medical and immunization records compiled during their time in custody. If a sponsor does not have a copy of the child's medical or immunization records, the sponsor can request a new copy from HHS via e-mail at Requests.DUCS@acf.hhs.gov.

    Q6. Are children who arrived as unaccompanied children eligible for Deferred Action for Childhood Arrivals?

    A6. Deferred Action for Childhood Arrivals, or "DACA," does not apply to children who arrive now or in the future in the United States. To be considered for DACA, individuals must have continually resided in the U.S. since June 2007.

    Q7. Do districts have the ability to use Federal education funds to address the needs of unaccompanied children who enroll in the district?

    A7. States and LEAs have the ability to use various Federal education funds for this purpose. For example, to the extent that such children attend Title I schools, they may be eligible to receive Title I, Part A services. In addition, as discussed above, States can reserve up to 15% of their Title III formula grants for immigrant subgrants, and if a State has previously reserved a lesser amount, it could increase that amount for next year's subgrants.

    Q8. Is there a place to ask additional questions about immigrant children who enroll in the district?

    A8. For help with additional questions regarding resources for unaccompanied children, please call the U.S. Department of Education at 1-800-USA-LEARN or visit answers.ed.gov.


    http://www.breitbart.com/Big-Governm...blic-Education
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  2. #2
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    Schools to Be Flooded With Illegal Immigrant Children

    Katie Pavlich | Aug 12, 2014
    townhall.com

    Good news America, tens-of-thousands of children in the country illegally are on their way to a public school near you for a taxpayer funded education and the Department of Education says they're entitled it. More from Caroline May at Breitbart:

    “We have begun to receive inquiries regarding educational services for a specific group of immigrant children who have been in the news – children from Central America who have recently crossed the U.S. - Mexico border,” the Department of Education explains.

    “This new fact sheet provides information to help education leaders better understand the responsibilities of States and local educational agencies (LEAs) in connection with such students, and the existing resources available to help educate all immigrant students – including children who recently arrived in the United States,” it adds.

    The fact sheet lays out the basics about the undocumented immigrant children’s rights and what communities can do to help with enrollment.

    “All children in the United States are entitled to equal access to a public elementary and secondary education, regardless of their or their parents' actual or perceived national origin, citizenship, or immigration status,” the fact sheet explains. “This includes recently arrived unaccompanied children, who are in immigration proceedings while residing in local communities with a parent, family member, or other appropriate adult sponsor.”


    For months we've heard horror stories of disease ridden Border Patrol processing centers with children passing and contracting measles, tuberculosis and scabies. There's no word yet from the Department of Education or local school districts about whether children in the country illegally will be properly vaccinated before starting school for the fall term. Many schools in places like Arizona and Texas start school next week.

    According to the Federation for American Immigration Reform, illegal immigrations puts a strain on Arizona at a cost of $1.3 billion per year. In Texas last year, illegal immigration cost the state $12.1 billion. The majority of the cost comes from illegal immigrants using, but not paying for healthcare systems, K-12 education and incarceration.

    http://townhall.com/tipsheet/katiepa...ldren-n1877702
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  3. #3
    working4change
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    Wake up America! Your country is being stolen before your very eyes!


  4. #4
    Senior Member Ratbstard's Avatar
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    Blame it on the Supremes.

    In Plyler v. Doe (1982), the Supreme Court of the United States struck down a Texas statute denying funding for education to children who were illegal immigrants. By a 5-to-4 majority the Court ruled that the law violated the Equal Protection Clause of the 14thAmendment, which reads: “No State shall…deny to any person within its jurisdiction the equal protection of the laws.”

    Texas officials had argued that illegal immigrants were not “within the jurisdiction” of the state and could thus not claim protections under the Fourteenth Amendment.

    Chief Justice Warren Burger supported the state’s position in his dissenting opinion:

    The Equal Protection Clause does not mandate identical treatment of different categories of persons.….Without laboring what will seem obvious to many, it simply is not ‘irrational’ for a state to conclude that it does not have the same responsibility to provide benefits to persons whose very presence in the state and this country is illegal as it does to provide for persons lawfully present. By definition, illegal aliens have no right whatever to be here, and the state may reasonably, and constitutionally, elect not to provide them with governmental services at the expense of those who are lawfully in the state… [link]

    Further undercutting Plyler is the widely accepted notion that the Equal Protection Clause pertains only to the rights and privileges guaranteed by the Constitution. Those fundamental rights include life, liberty, property, and due process—but not discretionary benefits offered by a state such as 12 years of very expensive schooling, provided free.

    Even Justice Brennan, in his majority opinion, admittedthat “public education is not a ‘right’ granted to individuals by the Constitution.” [link]

    Most legal scholars see Plyler v. Doe as a naked usurpation of congressional powers, an attempt to make up for the legislative branch’s inability or unwillingness to deal with the illegal alien problem. Yet it stands as a monument to judicial activism.

    http://www.thesocialcontract.com/art...lyer_doe.shtml
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    Obama Makes Plans to Send Illegal Kids to US Schools

    Wednesday, 13 Aug 2014 05:53 PM
    By Todd Beamon
    newsmax

    The Obama administration is prepping the nation's school systems for a huge influx of illegal immigrant children this fall as they await hearings that could lead to deportations.

    "All children in the United States are entitled to equal access to a public elementary and secondary education, regardless of their or their parents' actual or perceived national origin, citizenship, or immigration status," the Education Department stated in a fact sheet.

    The document was sent to states and schools on Monday, The Hill reports.

    "This includes recently arrived unaccompanied children, who are in immigration proceedings while residing in local communities with a parent, family member, or other appropriate adult sponsor," it said.

    The illegals are under the care of the Department of Health and Human Services while awaiting the deportation hearings, and they will be educated at the more than 150 shelters throughout the country where they are being held, according to the sheet.

    The minors are turned over to DHS within 72 hours after being apprehended by U.S. Border Patrol agents. The temporary housing costs taxpayers $252 per child per day.

    Nearly 63,000 children have been arrested in South Texas after crossing the U.S. border from Mexico since Oct. 1. The administration estimates that more than 90,000 could be detained by the end of next month.

    Most of the minors come from such Central American countries as Honduras, El Salvador, and Guatemala. Many also come from Mexico.

    President Barack Obama has dubbed the situation "a humanitarian crisis" — and officials and immigration reform advocates contend that illegals are fleeing violence and poverty in their home countries.

    But Republicans have attributed the deluge to the White House's lax enforcement of immigration laws. They also point to reports in Central American media touting administration deportation policies that benefit some illegals.

    Before leaving for its August recess, the House of Representatives approved $694 million for Obama to address the crisis. The funds were coupled with legislation that could end up deporting more than 700,000 migrants who received temporary work permits under the Deferred Action for Childhood Arrivals (DACA) program the president created by executive order in 2012.

    However, the Senate was in recess and did not act on the House bill this summer.

    Obama is considering several executive actions on the crisis. They are expected be announced after Labor Day.

    As of July 31, as many as 37,477 children have been released to adult sponsors, usually a parent, relative, or family friend, according to the Office of Refugee Resettlement, The Hill reports. They have been settled in all 50 states — mostly Texas, California, and New York — and all would be eligible for public school.

    In addition, the average wait time for a deportation hearing is 500 days, making it very likely the minors would spend the next school year in the United States. More than 350,000 cases are pending in immigration court, according to news reports. The system has 260 judges nationwide.

    The administration has given priority to the children from Central America in an effort to speed up the deportation process. The Department of Homeland Security is also working to hire more immigration judges.

    "We have begun to receive inquiries regarding educational services for a specific group of immigrant children who have been in the news — children from Central America who have recently crossed the U.S.-Mexico border," the fact sheet said.

    Its goal is to provide information "to help education leaders better understand the responsibilities of states and local educational agencies … in connection with such students, and the existing resources available to help educate all immigrant students — including children who recently arrived in the United States."

    The Education Department's sheet starts out as saying, "Schools in the United States have always welcomed new immigrant children to their classrooms," noting that more than 840,000 immigrant students were in the United States — along with over 4.6 million English learners.

    The document notes that illegals are vaccinated while in DHS custody, and it includes answers to frequently asked questions by school administrators and teachers. It also contains links to other legal and reference information.

    "Under federal law, states and local educational agencies are obligated to provide all children — regardless of immigration status — with equal access to public education at the elementary and secondary level," the fact sheet said in response to one question. "This includes children such as unaccompanied children who may be involved in immigration proceedings."

    The sheet follows a letter the Education and Justice departments sent to state and school officials in May that warned of "student enrollment practices that may chill or discourage the participation or lead to the exclusion" of illegal minors.

    The challenge of educating illegals has raised other problems for some strapped school districts.

    Officials of the Boston suburb of Lynn, Mass., disclosed earlier this month that many adult illegals were posing as minors to enroll in the district's overcrowded public high schools.

    "Some of them have had gray hair, and they're telling you that they're 17 years old and they have no documentation," Jamie Cerulli, the chief of staff for Lynn Mayor Judith Flanagan Kennedy, told The National Review. "If my children went to the public schools, I'd be very uncomfortable with all of these unaccompanied minors [that] are placed in the ninth grade."

    http://www.newsmax.com/Newsfront/imm.../13/id/588613/
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    Administrator Jean's Avatar
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    Added newsmax article to the Homepage:
    http://www.alipac.us/content.php?r=3...-to-US-Schools
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  7. #7
    Senior Member vistalad's Avatar
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    Quote Originally Posted by Ratbstard View Post
    In Plyler v. Doe (1982), the Supreme Court of the United States struck down a Texas statute denying funding for education to children who were illegal immigrants. By a 5-to-4 majority the Court ruled that the law violated the Equal Protection Clause of the 14thAmendment, which reads: “No State shall…deny to any person within its jurisdiction the equal protection of the laws.”

    Most legal scholars see Plyler v. Doe as a naked usurpation of congressional powers, an attempt to make up for the legislative branch’s inability or unwillingness to deal with the illegal alien problem.
    Yep, that's it all right.

    If the Court had confined itself to interpreting the Constitution, the issue would not have been a difficult one. All the court had to do was to state the meaning of "jursidiction" in this context.

    Here's what the court could and should have said. Everybody who is present in the United States is subject to our laws. For example, if we catch a tourist shoplifting, we can put that person on trial and, if convicted, even incarcerate him or her. But incarcerating that person will not transform him or her into a citizen of the United States. That person remains an alien who remains subject to the jurisdiction of his or her home country.

    We recognize that this is a difficult social and political problem and we encourage Congress to deal with it forthrightly.
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