Critics say proposed NC bill on illegal immigrants in schools would likely violate federal law

TOM BREEN Associated Press

12:40 p.m. EDT, May 31, 2011
RALEIGH, N.C. (AP) — A North Carolina lawmaker says schools should be required to keep track of the illegal immigrants in their student populations.

Rep. Dale Folwell of Forsyth County has introduced a bill to require school principals to record the citizenship and immigration status of new students at North Carolina schools.

The bill was up for discussion at the legislature Tuesday, where advocates and members of the public criticized the proposal. They say it will deter immigrant parents from enrolling their children in school.

Sarah Preston of the state American Civil Liberties Union chapter says the bill may violate federal law.

Folwell says the bill isn't intended to deny anyone access to schools. He says the measure would help provide a clearer picture of the costs of illegal immigration.

http://www.myfox8.com/news/sns-ap-nc-xg ... 6323.story
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The bill:

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
H D
HOUSE DRH90078-LE-28 (01/1
Short Title: Safe Students Act. (Public)
Sponsors: Representatives Folwell, R. Brown, Hastings, and Torbett (Primary Sponsors).
Referred to:
*DRH90078-LE-28*
A BILL TO BE ENTITLED 1
AN ACT TO ENACT THE SAFE STUDENTS ACT. 2
The General Assembly of North Carolina enacts: 3
SECTION 1. This act may be cited as the "Safe Students Act." 4
SECTION 2. G.S. 115C-364(c) reads as rewritten: 5
"(c) The initial point of entry into the public school system shall be at the kindergarten 6 level. If the principal of a school finds as fact subsequent to initial entry that a child, by reason 7 of maturity can be more appropriately served in the first grade rather than in kindergarten, the 8 principal may act under G.S. 115C-288 to implement this educational decision without regard 9 to chronological age. The principal of any public school may shall require the parent or 10 guardian of any child presented for admission for the first time to that school to furnish (i) a 11 certified copy of the child's birth certificate, which shall be furnished by the register of deeds of 12 the county having on file the record of the birth of the child, or other satisfactory evidence of 13 date of birthbirth, as provided in Article 4 of Chapter 130A of the General Statutes and (ii) a 14 certificate of immunization as required by G.S. 130A-155." 15
SECTION 3. G.S. 130A-109 reads as rewritten: 16
"§ 130A-109. Birth certificate as evidence. 17
Certified copies of birth certificates shall be accepted by public school authorities in this 18 State as prima facie evidence of the age of children registering for school attendance, and no 19 other proof shall be required. In addition, certified copies of birth certificates shall be required 20 by all factory inspectors and employers of youthful labor, as prima facie proof of age, and no 21 other proof shall be required. However, when it is not possible to secure a certified copy of a 22 birth certificate, school authorities, factory inspectors and employers may accept as secondary 23 proof of age any competent evidence by which the age of persons is usually 24 established.established; school authorities may accept as secondary proof of age a certified 25 copy of any medical record of the child's birth issued by the treating physician or the hospital in 26 which the child was born or a certified copy of a birth certificate issued by a church, mosque, 27 temple, or other religious institution that maintains birth records of its members." 28
SECTION 4. G.S. 115C-366 is amended by adding a new subsection to read: 29
"(g1) When a child first enrolls in or transfers into the public schools of a local school 30 administrative unit, the principal of the school to which the child is assigned shall require the 31 parent to state whether the child is a citizen or a national of the United States, and if the child is 32 not, the immigration status of the child. This information shall be used only for fiscal analysis 33 and shall not be used to deny admission to a child who is a domiciliary of the local school 34 administrative unit." 35
General Assembly of North Carolina Session 2011
Page 2 H744 [Filed]
SECTION 5. This act is effective when it becomes law and applies beginning with 1 the 2011-2012 school year. 2

http://www.ncga.state.nc.us/Sessions/20 ... H744v0.pdf