http://www.sun-sentinel.com/news/palm-beach/fl-students-immigration-status-20100921,0,5553404.story
The immigration status of Palm Beach County students and their families must never be questioned, officials are reminding principals and teachers.
The School Board has tentatively approved adding that stipulation to a 2007 policy on student enrollment requirements concerning where they live in the county.
A final vote on the change — which already appears in other school district governing documents — is set for Oct. 6.
While the topic of immigration has been in the headlines recently because of a controversial Arizona law, legal protections for undocumented students are nothing new here or across the nation.
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The new School Board policy language enforces a 1982 U.S. Supreme Court ruling in Plyler v. Doe. It held that school-age children in the country illegally have a Constitutional right to attend public schools and receive the same education as students who are citizens.
Lawyers have interpreted Plyler to mean that schools can't verify or demand proof of a student's immigration status. Doing so would "chill" the right of undocumented students to obtain a free, public education, legal experts say.
This protection for schoolchildren still applies in Arizona, where a new immigration law makes it a state crime to lack legal residency. Lawsuits, including one from the U.S. Department of Justice, were filed to challenge the legislation.
A federal judge has issued an injunction against certain provisions of the law, including one requiring police officers to determine a person's immigration status if they are stopped and suspected of being in the country illegally.
Palm Beach County school officials insist on protecting undocumented students.
"In enforcing our enrollment policy, we have to make sure we're not violating the right of people to attend school," said Jerri-Lyn Burns, manager of School Enrollment and Demographics.
Subject to the board vote, the district's amended policy will state: "School personnel are strictly prohibited from requesting or requiring documentation of the immigration of students and families."
Officials said they were not aware of any violations of the federal law.
The same board policy on enrollment requires parents of students to provide two proofs of residence in the county. Acceptable documents include electric bills, credit card statements, Florida driver's license, leasing agreements and mortgages.
But School Board member Frank Barbieri said he knows of cases where foreign students, particularly from South America, have been attending schools here. He said he hopes the district's registration requirements can do a better job of blocking these students without violating federal laws on immigration.
"It's apparently not a huge number of children," Barbieri said. "But it basically amounts to a tutoring service or, worse, a baby-sitting service, at the expense of the taxpayers of Palm Beach County."
The situation apparently occurs at the end of the school year in South American countries, when classes are still in session in Palm Beach County during the winter months. While some of those students spend their break with their families here, they enroll in local schools, Barbieri said.
"If we have to meet class-size requirements class-by-class, rather than school average, it could result in a school having to establish a new class, hire a new teacher, etc., only to find that a couple of months later, when the school year begins again in South America, those students leave to go back home to South America," Barbieri said.
While not speaking about a specific case, Burns said valid proof of residence is collected for all students, except for students who are homeless or in foster care.
The same policy also aims to prevent the submission of false information, by warning of severe consequences: Parents of new and returning students must declare their legal address under penalty of perjury, a third-degree felony punishable by up to five years in prison.
School Board member Debra Robinson warned against speculating about any groups of students.
"How do we know they are vacationing here?" she asked, after Barbieri mentioned the South Americans. "I just want us to be careful about making assumptions which may put these children in a negative light."