Thread: Public schools must open doors regardless of citizenship

http://www.bakersfield.com/102/story/62335.html

Public schools must open doors regardless of citizenship
BY LISA SCHENCKER, Californian staff writer
e-mail: lschencker@bakersfield.com | Sunday, Jul 16 2006 8:20 PM
Last Updated: Sunday, Jul 16 2006 8:24 PM

Q: What happens when an illegal immigrant tries to enroll in a public school?

Schools open their doors, no questions asked.

Public schools nationwide are required to accept all students regardless of citizenship. That's no different in Kern County. Schools don't track how many illegal immigrants fill their halls.

All a parent or guardian needs to enroll a child is a birth certificate, immunization records and proof of residency within a school's boundaries. A bill or housing agreement qualify as proof of residency, said Bakersfield City School District spokesman Daniel Mendez.

"If a school-age student comes to us seeking enrollment, it's our obligation as a public school system to try to serve that student," said Kern High School District Director of Instruction John Davis.

That obligation stems from a 1982 U.S. Supreme Court case in which justices decided schools can't deny anyone a public education without a substantial reason. Saving money, the court decided, was not a good enough reason to keep illegal immigrants out of the classroom, said Schools Legal Service General Counsel Dwaine Chambers.

Each student in the Kern High School District costs the state an average of $6,150 a year, Davis said.

Also, part of the reasoning behind that Supreme Court decision is children shouldn't suffer for their parents' choices. In that case, Chambers said, the Supreme Court recognized education as a substantial right.

The standard in California is even higher, Chambers said. In a separate case in the 1970s, the California Supreme Court decided education is a fundamental, constitutional right.

"Under California law you'd have a hard time trying to keep children here illegally out of school," Chambers said. "It would be almost impossible to keep these kids out of the schools. You'd have to really, really come up with a compelling reason."

The same holds true for public colleges and universities. The main difference is that illegal residents who enroll in a California public college or university pay nonresident tuitions.

That can be waived, however, if students attended a California high school for three or more years and graduated from a California high school or passed the GED. To avoid the higher tuition costs, an illegal immigrant must also file an affidavit with a college or university stating he or she has filed an application to become a legal resident or will eventually do so, according to a state law passed in 2001.

That obligation stems from a 1982 U.S. Supreme Court case in which justices decided schools can't deny anyone a public education without a substantial reason. Saving money, the court decided, was not a good enough reason to keep illegal immigrants out of the classroom, said Schools Legal Service General Counsel Dwaine Chambers.

You know, things were a lot different in 1982. I wish someone would try an file a lawsuit challenging those 1982 findings.

I don't know how the rest of you feel, but sick and tired of my tax dollars going to support illegal immigrant law breakers.

I am with you. I do not want to support them or their children in any way, shape, or form.