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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.