Thread: Feds: All kids entitled to public school, regardless of

Feds: All kids entitled to public school, regardless of origin, immigration status

Posted: Saturday, May 7, 2011 12:00 am

MIAMI - The U.S. Department of Education sent a letter to districts around the country Friday, reminding them that all students - legal or not - are entitled to a public education.

The letter comes amid reports that schools may be checking the immigration status of students trying to enroll, and it reminds districts they are federally prohibited from barring elementary or secondary students on the basis of citizenship status.

"Moreover, districts may not request information with the purpose or result of denying access to public schools on the basis of race, color or national origin," said the letter, which was signed by officials from the department's Office of Civil Rights and the Department of Justice.

"We put this letter out now because we know school districts are in the process of planning for the next school year, and wanted to make sure they had this in hand," said Department of Education spokesman Justin Hamilton. "We were concerned about the number of reports that we've received and heard about, and felt it was necessary to make it clear that this has been the law of the land since Ronald Reagan was president."

A 1982 Supreme Court case, Plyler v. Doe, held that states cannot deny students access to public education, whether they are in the U.S. legally or not. The court ruled that denying public education could impose a lifetime of hardship "on a discrete class of children not accountable for their disabling status."

The letter comes as the Office of Civil Rights investigates three complaints, and less than a week before the president is expected to deliver a speech on immigration during a visit to Texas.

The Office of Civil Rights is also currently evaluating a complaint filed last month by the Southern Poverty Law Center against schools in Durham County, North Carolina.

The organization claims discrimination against Latino students. In one instance, a girl attempting to enroll in a district high school was asked for her passport and visa and was told that if she didn't have one, she must be an illegal alien, said attorney Jerri Katzerman.

Ken Soo, a lawyer representing Durham Public Schools, said the district was looking into the complaint and would correct any problems found.

Katzerman said the issue has become increasingly common in the Deep South as demographics change and more Latino families move in.

"We hear from them a very similar experience, where they attempt to enroll and are asked about their immigration status, are asked for documents they don't have, and they basically disappear back into the population without having the opportunity to participate in public education," she said.

Civil-rights officials also are investigating a complaint in Hazleton, Pennsylvania, where school officials considered requiring four proofs of residency for new students. The proposal has been changed, though some believe the requirements are still too onerous.

Legislation has been introduced in a number of states this year that would authorize districts to inquire about immigration status when students enroll in the district.

Republican Rep. Becky Nordgren, of Alabama, for example, sponsored a bill that would have required students and their parents to provide proof of citizenship to enroll. She said her district has seen a rise in the number of undocumented immigrants and that this has placed an undue cost on the local government.

"Quite frankly, I believe that these issues need to be addressed," she said.

Nordgren said that her bill stalled after she learned about the 1982 Supreme Court case.

The letter Friday said districts can require students to provide proof of residency within a district, such as phone or water bills, but that immigration status would not be relevant.

Districts also can require a birth certificate to confirm a student's age, but cannot bar enrollment if the certificate is from another country. Nor can they deny enrollment if a student does not provide a social security number.

Obama's El Paso focus

The White House announced Friday morning that President Obama will use his visit to El Paso on Tuesday to talk about immigration.

Obama promised in the campaign to reform the "broken" system within his first year, and Latino advocates have been frustrated that he put the issue on the back burner when congressional talks stalled.

The Texas speech would be a major investment of presidential attention intended to jump-start the debate.

"Moreover, districts may not request information with the purpose or result of denying access to public schools on the basis of race, color or national origin."

letter sent to districts around the country signed by officials from the Department of Education's Office of Civil Rights and the Department of Justice

http://azstarnet.com/news/local/border/ ... 03e1b.html

All the more reason for debate.

Just because some idiots with robes rule one way does not mean they were right, or ruled constitutionally.

I do not like to argue law, but can read arguements from both sides and form an opinion. From the case of Plyler v Doe there does indeed seem to be plenty of room for debate and further challenge, however that would be constructed.

For some of those that are sharper concerning law, did the court even have a right to hear this case? Or did they venture beyond their jurisdiction?[/quote]

Related:
U.S. Warns Schools Against Checking Immigration Status

http://www.alipac.us/ftopict-237250.html

"From year to year, by means of universal suffrage, national opinion will be embodied in the magistrates, and then the magistrates will mold national opinion as they like...

To pervert the human mind - that is the problem which seems to have been posed and which has been solved by those to whom the monopoly of education has been handed over." Frederic Bastiat

Conside the following: Your son or daughter is 13 and has just entered junior high school. Your child is sitting right next to a "student" who claims to be the same age but is actually 16. This "student" acts in a rude and hostile manner, does drugs, gets into fights and is part of a gang and speaks a little bit of english. Is this really an uncommon situation? Not really. Actually it's quite common. But my point is this: How safe is it for your child to be in a classroom with someone like that? Obviously it's unsafe. But the courts have thrown the safety of our children out the window. They'd rather spend billions trying to educate these so-called "students" instead of properly protecting children while at the same time most of their children go to private school.

Justthatguy wrote,

Conside the following: Your son or daughter is 13 and has just entered junior high school. Your child is sitting right next to a "student" who claims to be the same age but is actually 16. This "student" acts in a rude and hostile manner, does drugs, gets into fights and is part of a gang and speaks a little bit of english. Is this really an uncommon situation? Not really. Actually it's quite common. But my point is this: How safe is it for your child to be in a classroom with someone like that? Obviously it's unsafe. But the courts have thrown the safety of our children out the window. They'd rather spend billions trying to educate these so-called "students" instead of properly protecting children while at the same time most of their children go to private school.

All the more reason that the schools should be returned to the local communities and the respective states! Leviathan cannot expect to run our schools from the swamp on the Potomac. That swamp is filled with critters of unimaginable darkness. Scumbags and scalliwags, worms and maggots, parasitic creatures that are born in the bowels of weasels!

Time to end the Federal Dept. of Education and return it back to the people!

What good is an education if it only makes for a better slave?

Originally Posted by jean

Related:
U.S. Warns Schools Against Checking Immigration Status

http://www.alipac.us/ftopict-237250.html

What we Americans must be aware of is the fact criminals are not just only adults. Schools and colleges undocumented students could be assigned and trained by adults undocumented criminals to carry out heinous crimes in our Country, which is reason enough to check immigration status of all people residing in the U.S. It would be very painful to see another 9/11 occur in our schools or colleges, because we failed to enforce our Country immigration laws. Parents should be frightened to have their children attending schools with people are not only undocumented, but are also strangers residing in this Country without any laws enforced against illegal aliens students or the adult aliens.

A well crafted voucher or tax credit system might be America's next Plyler-Doe moment. Thus far, the idea of vouchers or tax credits for illegal aliens has been mostly ignored. Certainly our judicial system can be expected to incorporate the ruling to any non-government school. In time though, illegal aliens who cannot keep up, cause trouble, commit crimes or otherwise violate private rules, will be dumped back on the government schools to do their time with our own derelict kids. It's still a magnet but weakened a good bit.