A new rule being considered by the Oklahoma State Department of Education could require public schools to request proof of U.S. citizenship or legal immigration status during the enrollment process. However, if this policy is implemented, it may potentially conflict with federal law.
The proposed rule also mandates that school districts keep track of the count of undocumented students who are enrolled and share this information with the state Education Department. It’s important to note that the students’ personal identities will remain confidential, as stated in the rule proposal. However, the agency has not yet clarified how it intends to utilize this information.
The proposal has raised concerns that it could discourage families from enrolling their children in school, although undocumented students would still be able to attend public schools in Oklahoma.
State Superintendent Ryan Walters, who heads the Education Department, has proposed this policy as a solution to the issue of “sanctuary schools” in Oklahoma. However, the exact definition of “sanctuary schools” has not been disclosed by his spokesperson.
According to Walters, the rule aligns with President-elect Donald Trump’s objective of reducing illegal immigration.
In a video shared on social media Tuesday, Walters emphasized the importance of every state following their lead.
The proposed rule aims to evaluate the current and future requirements for English as a second language programs, transportation services, and school funding. Additionally, it seeks to assess the potential language and cultural barriers.
To enroll their children in school, families must furnish documentation such as a U.S. birth certificate, U.S. passport, driver’s license, valid permanent resident card, or any other official document verifying the student’s legal status in the country.
The Oklahoma policy is among the seven new proposals aiming to amend the Education Department’s administrative codes, which hold the authority of law.
To earn or renew their educator certification, Oklahoma teachers would be required to pass the U.S. Naturalization Test, according to other proposed rules. Additionally, references to cultural diversity and equity would be removed from the agency’s rulebook.
The Oklahoma State Board of Education would need to approve the rule changes before they can be implemented. Additionally, the state Legislature would need to consider these changes as well. The Education Department is currently accepting written public comment on the rules until January 17th.
The public will have the opportunity to share their thoughts on the immigration status rule during a hearing on January 17th. The hearing will take place at 11 a.m. at the Education Department’s headquarters in Oklahoma City.
Public schools have the authority to request proof of residency within a school district. However, it is important to note that schools are prohibited by the federal government from asking students about their immigration status. This prohibition exists as it is considered unnecessary and it has the potential to discourage students from enrolling in school.
Members of the Latino community in Oklahoma City are expressing concerns about a proposed rule that they believe would only exacerbate fear among immigrant families, particularly those with vulnerable children. They argue that this rule would not contribute to any significant improvement in academic outcomes.
Gloria Torres, executive director of Calle Dos Cinco, a nonprofit organization dedicated to community development in the Historic Capitol Hill district, expressed concern that the rule would subject immigrants to “psychological warfare.”
According to Torres, a former teacher, principal, and member of the Oklahoma City Board of Education, schools do not require knowledge of a child’s immigration status in order to assess their language proficiency or other educational needs.
Collecting immigration details in schools could potentially create an environment that instills fear in these families, according to the speaker.
“As educators, our primary responsibility is to offer a quality education and ensure a secure learning environment,” Torres emphasized. “This suggested rule contradicts the principles we have acquired regarding establishing trust with our students and their families.”
The state Education Department spokesperson, Dan Isett, chose not to address inquiries regarding the potential benefits of the proposed rule on instruction quality. Additionally, he declined to comment on any concerns the agency may have about the potential impact on enrollment rates.
“Supt. Walters is dedicated to safeguarding the people of Oklahoma from unfunded mandates, including the financial burden placed on taxpayers due to the Biden administration’s shortcomings on border policy,” stated Isett. “A crucial part of this endeavor is acquiring accurate and comprehensive data regarding the magnitude of the issue.”
Isett did not clarify if Walters believes that educating undocumented children imposes an unfunded mandate on public schools.
Oklahoma’s public schools receive funding based on the enrollment of students, and they also receive additional resources and financial support from the federal government, specifically for English learners.
Rep. Arturo Alonso-Sandoval, a representative from Oklahoma City, expressed concern about the potential consequences of alienating immigrant students. He believes that by doing so, there is a risk of creating an underclass and uneducated population, which could ultimately harm the state as a whole.
Alonso-Sandoval emphasized the importance of providing children with a quality education. He believed that it was crucial for them to receive a good education so that they could grow up to become valuable contributors to the economy and workforce. Ultimately, this would lead to the overall improvement of Oklahoma as a state, benefiting everyone. Alonso-Sandoval stressed that denying students access to education would have negative consequences for all individuals involved.
In 1982, the U.S. Supreme Court made a landmark decision, ruling that states cannot deny undocumented children equal access to public education. The Court found no evidence to support the notion that excluding these students from public schools would effectively address illegal immigration or enhance the overall quality of education.
The majority of the Court concurred that the exclusion of these children “does not align with fundamental notions of justice.”
In 2011, Alabama made an attempt to enforce a comprehensive immigration law that included a provision requiring schools to verify the immigration status of their students. However, a federal lawsuit led to the overturning of many aspects of the law, including the requirement for student citizenship checks.
According to the U.S. Department of Justice, there was a significant increase in absenteeism and withdrawals among Hispanic students in Alabama schools following the passage of the law.
Alonso-Sandoval, a first-generation Mexican-American, believes that immigrants play a vital role in Oklahoma’s economy by taking up essential jobs. However, they currently experience unease and apprehension both locally and nationally.
He expressed concern for the children, stating that they would likely undergo traumatic experiences in the coming years due to the implementation of these particular policies.
Trump has made a pledge to carry out widespread deportations of undocumented residents once he assumes his next term in office. In Oklahoma, state leaders have shown strong support for Trump’s deportation strategy, and as a result, it is now considered a state crime, in addition to being a federal offense, to reside in the state without proper legal authorization.
A federal judge has put a hold on the enforcement of the state law until the outcome of a legal challenge against it is determined.
“We have witnessed an influx of illegal immigrants entering our state and schools, introducing dangerous drugs like fentanyl, escalating criminal activities, and placing an overwhelming financial burden on the taxpayers of Oklahoma,” stated Walters on Tuesday. “We are determined not to tolerate the Biden administration’s disregard for the law, which has been causing detrimental effects on our educational institutions.”
