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ESL Seminar

ESL Seminar. Page 8-11. School districts are not obliged to enroll students who are illegal residents of the United States…. FALSE !. Plyler v. Doe , 457 U.S. 202 :

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ESL Seminar

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  1. ESL Seminar Page 8-11

  2. School districts are not obliged to enroll students who are illegal residents of the United States…

  3. FALSE !

  4. Plyler v. Doe, 457 U.S. 202 : The Supreme Court rules that public schools are prohibited from denying immigrant students access to a public education from K-12th grade on the bases of their immigrant status. • Equal Protection Clause, 14th Amendment: States and public schools are BARRED from denying undocumented students their right of access to public schools on the basis of their legal status.

  5. Why did they make these laws? • Undocumented children are already disadvantaged as a result • of poverty • lack of English – speaking ability • undesirable racial prejudices • This may lead to the children becoming permanently locked into the lowest socioeconomic class. • They do not need to be kept from going to school, that is another way to put them at a disadvantage

  6. School districts are allowed to charge tuition of students who are not legal residents of the United States…

  7. FALSE !

  8. Constitutional State Residency Requirements: All school aged children must be deemed as a resident if they or their parent, or legal guardian, live in the district with an intention of remaining there. • Plyler v. Doe, 457 U.S. 202 (1982): The distinction between undocumented persons, and documented persons, and U.S. citizens does not constitute a residency requirement. Therefore, immigrant students living in the U.S. cannot be denied resident status by public schools SOLELY based on the their nonimmigrant status.

  9. Pena v. Board of Education of City of Atlanta, 620 F. Supp. 293,1985: ALL foreign born students residing in Atlanta as dependents of parents/guardians (who are here on nonimmigrant visas) have the same right of access as any other student to a FREE primary and secondary public education.

  10. Schools should ask for proof of citizenship, resident visas, or Social Security number when enrolling L2 students…

  11. FALSE !

  12. Supreme Court, Plyler v. Doe: Undocumented students and parents are not eligible for social security numbers. Any school that requires Social Security numbers as a prerequisite for enrollment would be denying ALL undocumented students their RIGHT of access.

  13. If your school does find information about a students resident status. You cannot report it because… • FERPA (Family Educational rights and Privacy Act): Schools are prohibited from providing any outside agency with information about their current status as a resident. This jeopardizes their legal right under Plyler v. Doe.

  14. So, what does this mean to us? • All students, no matter if legal or illegal residents, have been given equal right to a free education in the United States. • If you violate the laws, then your school and/or you could get into some legal consequences

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