In recent years, educational exclusion acts, such as CaliforniaÌs Proposition 187 and New York StateÌs proposed Senate Bill 3090, attempt to deny immigrant students access to a public education from Kindergarten to grade 12 on the basis of their immigration status. However, in 1982, the United States Supreme Court found in Plyler v. Doe that undocumented immigrant children and young adults have the same right to attend free public elementary and secondary schools as their United States citizen and permanent resident counterparts. Moreover, under state law, both documented and undocumented immigrant students are obligated, as are all other students, to attend school until they reach a mandated age. As such, public schools and public school personnel are prohibited under Plyler from adopting policies or taking any action which in effect denies immigrant students access to a public education.
Our Position
As educators who support equity and access in education for all students,
we oppose any such educational exclusion legislation or policy due to the harmful
effects it would have on students, teachers and the climate of our schools.
We recognize that the enforcement of such legislation or policy violates the
United StatesÌ Family and Educational Rights and Privacy Act, which prohibits
the release of information about public school students except in the most limited
of circumstances. The processes involved in identifying suspected undocumented
students are not only illegal, but lead to discrimination and harassment of
the majority ESOL population, who reside legally in the United States. Furthermore,
the enforcement of such legislation or policy promotes discrimination against
specific ethnic groups according to the color of their skin, their accent, or
their names. Also alarming is the fact that thousands of students would be turned
away from public schools, thereby creating a class of undereducated people.
As a society we would cease to benefit from the wealth of intellectual and creative
ability that our students offer, to say nothing of the moral injustice to individuals
that educational denial represents. As teachers, we would be required by educational
exclusion legislation or policy to assist in the identification and reporting
of suspected undocumented persons, a task which is outside the realm and jurisdiction
of teachersÌ responsibilities. Only the Immigration and Naturalization
Service has been given the responsibility of enforcing U.S. immigration laws--not
the public school or its personnel. Our participation in such enforcement interferes
with the educational process by creating a climate of suspicion and distrust
in the classroom. Furthermore, the enforcement of such legislation or policy
compromises teachers who cannot morally support its provisions. Finally, such
a negative classroom climate impedes our ability to provide a quality learning
environment for all students.
Recommendations
NYS TESOL recommends that all school personnel be committed to establishing
a school atmosphere that is open and welcoming to immigrant students and their
families by providing them with environments free of victimization, harassment,
and intergroup conflict. To this end, NYS TESOL members should advocate training
for all school personnel on the legal foundations of the rights of all ESOL
students to a quality and equitable education. We recommend that schools adopt
policies that prohibit the U.S. Immigration and Naturalization Service from
entering schools or collaborating with schools in ways which infringe upon legal
rights of immigrant children or cause children and families to mistrust the
school. Furthermore, schools should prepare and distribute native language materials
for immigrant families explaining their rights and legal school procedures for
enrollment.
Adopted June 1995.