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ERIC Number: ED582809
Record Type: Non-Journal
Publication Date: 2017-Aug
Pages: 19
Abstractor: ERIC
ISBN: N/A
ISSN: N/A
EISSN: N/A
Immigrant Students' Rights to Attend Public Schools (Derechos De Los Estudiantes Inmigrantes a Asistir a Escuelas Públicas)
Intercultural Development Research Association
By law, public schools must serve all children. The education of undocumented students is guaranteed by the "Plyler vs. Doe" decision, and certain procedures must be followed when registering immigrant children in school to avoid violation of their civil rights. In "Plyler vs. Doe," the U.S. Supreme Court ruled that children of undocumented workers and children who themselves are undocumented have the same right to attend public primary and secondary schools as do U.S. citizens and permanent residents. Like other students, children of undocumented workers in fact are required under state laws to attend school until they reach a mandated age. School personnel--especially principals and those involved with student registration and enrollment--should be aware that they have no legal obligation to enforce U.S. immigration laws. Practices that deny or discourage immigrant children and families from public schooling do the following: (1) Victimize children; (2) Are counterproductive for the country; (3) Waste valuable time while losing sight of principal goals of public education; (4) Promote misinformation; and (5) Encourage racism and discrimination. The U.S. Department of Justice and the U.S. Department of Education in 2014 clarified the intent of the Plyler ruling in a letter advising school officials that activities that deny or discourage students to attend school are unlawful. The letter begins, "Under federal law, state and local educational agencies are required to provide all children with equal access to public education at the elementary and secondary level."
Intercultural Development Research Association. 5835 Callaghan Road Suite 350, San Antonio, TX 78228-1190. Tel: 210-444-1710; Fax: 210-444-1714; Web site: http://www.idra.org
Publication Type: Reports - Descriptive
Education Level: Elementary Secondary Education
Audience: N/A
Language: EnglishSpanish
Sponsor: N/A
Authoring Institution: Intercultural Development Research Association
Grant or Contract Numbers: N/A