From ImmigrationProf Blog:
Assistant Attorney General of the Civil Rights Division in the U.S. Department of Justice, Thomas Perez, issued a letter to Alabama school districts reminding them of their obligation under federal law that a state may not deny a child equal access to public education based on his or her immigration status. The department also requested information regarding enrollment practices to determine whether each school district is in compliance with federal law and whether further action is warranted.
Dear Superintendent, This office is charged with enforcing laws that prohibit discrimination against public school students on the basis of, among other things, race, color, and national origin, see 42 U.S.C. § 2000c-6 (Title IV), and that require school districts to take appropriate action to overcome the language barriers of English Language Learner (ELL) students. See 20 U.S.C § 1703 (Equal Educational Opportunities Act). It has come to our attention that the requirements of Alabama’s H.B. 56 may chill or discourage student participation in, or lead to the exclusion of school-age children from, public education programs based on their or their parents’ race, national origin, or actual or perceived immigration status, or based on their homeless or foster care status and consequent lack of documentation. As you know, in Plyler v. Doe, 457 U.S. 202 (1982), the Supreme Court held that a State may not deny a child equal access to public education based on his or her immigration status. Noting the “pivotal role of education” in our society, id. at 221, the Court concluded that denying innocent children the benefit of schooling provided to other students within the district was unconstitutional. Id. at 230. On May 6, 2011, the U.S. Departments of Justice and Education issued guidance on the Federal obligation to provide equal educational opportunities to all children residing within your district.
Because this matter may implicate the civil rights laws that we enforce, we request that the District provide information to assist us in determining what further action, if any, is warranted. We stress that this inquiry is preliminary in nature, and request the following information:
Please send us the requested information in electronic format no later than November 14, 2011. Additionally, we ask that you supplement the information provided in response to requests 2 and 3 on a monthly basis, by the 15th day of each month. If you have any questions, please do not hesitate to contact the Educational Opportunities Section. Thank you in advance for your cooperation and assistance. Sincerely, Thomas E. Perez |
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