From Richmondsunlight.com:
Public schools; impact of unlawful aliens; report. Requires public schools to determine whether each student enrolling in public school was born outside the jurisdiction of the United States or is the child of an alien not lawfully present in the United States and qualifies for assignment to an English as a Second Language class or other remedial program. The Board of Education must prepare a report on the impacts of such students in public schools and request reimbursement from the U.S. Department of Education for the fiscal costs to the state and political subdivisions thereof of providing educational instruction, computers, textbooks and other supplies, free or discounted school meals, and extracurricular activities to students who are aliens not lawfully present in the United States. (full text link available from link above.)
As if schools don’t have enough to do, Delegate Mark Cole of Fredericksburg has introduced HB 138 (see above). How exactly is the school supposed to determine if the student has illegal aliens for parents? Determining place of birth is fairly simple. A birth certificate covers that information from most countries. On the other hand, so what. One’s location of birth really doesn’t say much about legal presence.
Just out of curiosity, will child citizens with illegal immigrant parents count towards reimbursement? Mark Cole is a joke. This is perhaps one of the most ridiculous bills I have ever seen. Does he really think the feds are going to cut him a check? What a waste of time and money.
Thanks to Marinm for calling this one to my attention.
Full text link comes up with a 404 error message.
I removed the link. You can get to it from Richmond sunshine.
It’s big brother is what this is. Government has to know every little detail about us and our familes. This law is clearly unconstitutional. Mark Cole does not respect our country’s constitution.
And heck, Mitt Romney’s own father wouldn’t have passed this bill’s test, since he was born in Mexico and was brought to the United States as a child.
Laf,
http://www.richmondsunlight.com/bill/2012/hb138/fulltext/
It appears from reading the text that the presumption is that any child born outside of the US is presumed to be not legally present.
I think the stinky part is 3: 3. Analyze and identify the effects upon the standard or quality of education provided to students who are citizens of the United States residing in the Commonwealth that may have occurred, or are expected to occur in the future, as a consequence of the enrollment of students who are aliens not lawfully present in the United States.
I can see a financial burden (the law also req’s we send a bill to the federales) but how do you pin down an impact to quality of education? I can’t wrap my head around that one.
The rest of the law looks legal.
Legal is not the same as constitutional. Please cite the constitutional basis for this law, thank you.
Every school in Virginia should report its entire student body as being illegals, and then bill the federal governmnet for educating the entire student body.
@marin, I think the entire thing stinks. Is this the FAIR challenge to Plyler vs Doe? I thought Alabama threw out a very similar bill.
There is also an assumption that everyone born outside the USA or who has ‘illegal’ parents needs ESOL.
This bill’s sponsor is just an ignoramous.
@Starryflights
Like in Denmark during the German occupation. The Nazis required all Jews to wear yellow armbands. What happened? EVERYbody wore yellow armbands, including the king and his family. Vee have our vays 🙂
Do “brown shirts” become the new required attire for school adminstrators too?
@Starryflights
Let’s not play this silly game because if you do; you start. Cite the constitutional authority to for the govt to run schools.
@Moon-howler
I’m not familiar with FAIR or that case.
I think it’s an interesting idea to get a count and send a bill to the federales since it’s an unfunded mandate.
Now, having said that I think I’d tell an agent of the govt to pound sand if they wanted my kids ID and I would “affirm” their legal status.
Actually, I would argue that Plyler v Doe is not an unfunded mandate. Schools are to educate kids. Period. To my knowledge, Congress has remained quiet on this issue.
@Moon-howler
This law does not stop or hinder the education of these children. How does it violate Plyler?
The law simply does a count to determine how much it’s costing me as Enrique Q Public, taxpayer and then sends the federales the bill for them (under Plyler) requiring them to have taught those children.
If Congress has/is remained silent on this that means it’s up to the States or the People to determine the course of action.
@marin
Why should you differentiate between children? Why are some children more deserving of education than others, in your eyes?
Please don’t tell me taxes. There are plenty of American chilren whose parents don’t pay real estate taxes. Most everyone pays sales tax.
Plyler reaffirms that schools are to educate all children. Educating the child of an illegal immigrant or a legal immigrant or one of my gkids doesn’t cost one bit more in the long run.
Let’s face it, what we are talking about is simply paperwork. At any time, any child could need special services or they could need none.
@Moon-howler
But, this legislation doesn’t have any material impact on the child. It only ‘counts’ them and then that count is tabulated in some form to be sent as a bill to the federales. How exactly does that violate Plyler?
From a taxpayers perspective this makes sense. Let’s look at the cost of providing services – even if it can’t be turned off – so that we can at least have a rationale conversation about revenues and expenditures. No one is hurt by that action.
A renter pays real estate taxes in the form of higher rents charged by the land lord. So, even if a renter isn’t making out the check to the gubmint they’re still paying. But, going back to your theoretical wino that pays taxes. What harm is made by counting the number of wino’s?
It impacts all children because money is being wasted gathering, counting and submitting data to the feds. Nothing will come of it. It is absurd.
It is a means of keeping kids out of school. What parent is going to enroll his/her kid in school if they somehow have to reveal their status? It is an unmanageable task.
The bottom line is an effen stupid bill that can never be enforced. You of all people should have some sympathy.
As a citizen of Virginia I demand that my tax dollars not be wasted by some scum bag politician who just wants to blow and brag that he is tough on immigration. Real men don’t go after the low hanging fruit–children. I would like to run Del. Cole out of the state on a rail. He is wasting our time.
Kids of illegal immigrants do not cost us any more kids of Americans. Actually, I would go so far as to say a parent’s status is none of the school’s damn business.
just another intimidation tactic which I find utterly disgusting. When did targeting children EVER become acceptable 🙁
Like I said, each school should copy and then send a list of its entire student body with a bill to the feds and a letter stating that the entire student body is illegal.
That would be cheap and efficient, and a good way to get a handout from the federal government, which is all Mark Cole wants. He just wants to milk the feds for cash, like a pig at the feeding trough.
@Starry
I don’t think the trough is going to feed the piggie though. I hear laughter from the federal govt already.
We are the Feds. It’s our tax money that would be funneled to the State and a portion of it will be lost in the cost of paperwork. How effing stupid! Politicians seem to think that our tax dollars constitute a bottomless pit that they can stick their mitts into and spend as they please.
Excellent point, Censored.