Thread: Maryland schools NOT ALLOWED to ask immigration status......

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Don't ask student immigration status, state board rules
Originally published March 25, 2009

The Maryland Board of Education ruled that unless the local school system has a valid reason, officials cannot seek the immigration status of students.

And, according to that ruling, Frederick County Commissioners need a better reason to investigate children's status than their cost to the system, according to federal law.

"It is our view that the impact of illegal immigrant students on the school system's budget (whether large or small) is not a valid public purpose," the ruling states.

On Tuesday, the state board cited the 1982 U.S. Supreme Court case of Pyler v. Doe in its ruling. That case held the Constitution prohibits state or local government from denying immigrant children the benefit of a public education.

The declaratory ruling came in response to an October 2008 request to the state board by Frederick County Commissioners.

Commissioners voted to ask whether a local school system could collect data "to support the proposition that a student is lawfully present in the United States."

County education officials repeatedly expressed concern that counting undocumented students may violate federal laws requiring students be educated at public schools, regardless of their immigration status.

In a Nov. 24, 2008, letter, the Frederick County Board of Education asked the state education board to dismiss the commissioners' request for a ruling.

County Attorney John S. Mathias has said he thinks state law allows school systems to ask for such information, despite the local school board's attempt to have the commissioners' petition dismissed.

The state board of education also ruled federal law applies to this case, although the county commissioners and board of education argued it should not or cannot.

Commissioners John L. Thompson and Charles Jenkins have said they hope a count of students who can't prove legal immigration status would spur federal legislators to increase education funding or take action on immigration reform.

Jenkins said he was disappointed, but not surprised by the state board's ruling.

"I think a large part of their decision was based on misinformation," he said.

Jenkins said his rationale seeking a count was, in part, to bolster the county's case to federal officials that the local school system needs more funding to educate undocumented students.

"Withholding funding was never part of the reason we asked for the count," he said.

Thompson could not be reached Tuesday night for comment.

The state board wrote that one effect of collecting information on immigration status "would be to make some immigrant parents so fearful that they will not enroll their children in school.

"If that were to occur, the protections drawn by Pyler v. Doe to provide the benefit of education to immigrant children would be nullified," the state board continued. "As the head of the public education system in Maryland, we cannot risk nor abide such a result."

The state board concluded federal law prevents a local school system's student record card from including a request for information or documents supporting a student's lawful presence in the country.

The state board also concluded federal law prohibits a school system's request students, or their parents or guardians, provide information or documents supporting a student's lawful presence in the country.

Spokeswoman Marita Loose said the board of education was pleased with the ruling.

"In the end, however, the real winners are going to be the children from other countries who come to Frederick County to take advantage of our educational opportunities," Loose said.

In early February, the American Civil Liberties Union, along with CASA de Maryland, the Frederick chapter of the NAACP and the Maryland Hispanic Bar Association filed an amicus brief in support of the Frederick school board in the hearing.

The state board's ruling also granted their request to submit the brief.

LOOKS LIKE THE LEGAL, TAXPAYING CITIZENS WILL CONTINUE TO FUND ILLEGAL ALIENS IN OUR PUBLIC SCHOOLS......

It is our view that the impact of illegal immigrant students on the school system's budget (whether large or small) is not a valid public purpose," the ruling states

HUH! So the appropriation of our tax dollars which is used to fund the education of illegal invaders is not a valid public interest?

I think a great many Americans would take issue with that statement!

No more money to public schools.

Get name of child, tag number of vehicle of parents, home address, employer's information and report to ICE the abuse of the parents.

This is possible.

Vehicle may have no insurance, or parents may have no licenses, landlords may be aiding and abetting, employers are not using E-Verify, and the parents may be using stolen IDs.

Spokeswoman Marita Loose said the board of education was pleased with the ruling.

"In the end, however, the real winners are going to be the children from other countries who come to Frederick County to take advantage of our educational opportunities," Loose said.

The real losers will be us taxpayers who are forced to pay for this!

"It is our view that the impact of illegal immigrant students on the school system's budget (whether large or small) is not a valid public purpose," the ruling states.

How about this? Nothing preventing American citizens and legal immigrants, who lose jobs to illegal aliens, from reporting them to ICE.

Illegal aliens who are scamming the American social service system constantly brag about how clever they are and how stupid we are for allowing this to happen. When you hear one admit to being here illegally, call ICE and hand them over.

At the time of Plyler vs Doe part of the argument was that illegal alien students were only a minor part of Texas enrollment and so the cost did not impose unreasonable hardship on the state. This decision while being etically wrong then is no longer factually true and the numbers partly attracted by the decison and cost have become even more clearly unreasonable.

"The Maryland Board of Education ruled that unless the local school system has a valid reason, officials cannot seek the immigration status of students."

Then, I would say, the Citizens of the State of Maryland have ruled that unless the school board has a valid reason for taking their taxpayer monies for their schools who fund illegal immigrant children, the Maryland Board of Education cannot seek further tax dollars from the citizens of the State of Maryland and must go to the illegal parents for funding.

Is the Frederick County school board made up of lawyers heading for the Supreme Court vacancies?

Schools need to get the Social Security numbers of both parents....that might send a few packing.

What's the status of the other MD bills and measures?