Proposal to present at the ELA Annual Conference

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1 Proposal to present at the ELA Annual Conference Name: Robert Howman Highest Degree: EdD Address: 123-A Gildemeister Hall, Winona State University, 175 W. Mark Street, Winona MN Phone: (507) Institution/Title: Associate Professor; Licensing Coordinator; Department Chair Other Presenter Name/ Julie Ace Presenter Biography: Robert J. Howman, EdD; Associate Professor, Leadership Education Department, Winona State University, Winona, MN Julie K. Ace, MA; Implementation Associate, Rochester Public Schools, Rochester MN Representative ELA Constituency Groups: Yes Presentation Title: Educating Undocumented Students: Legal Responsibilities and Ethical Considerations Presentation Topic: Education Policy & Administration Learning Outcomes Via presentation, dialogue and activity, the participants will: Know and understand the key federal and state laws, policies and court decisions regarding the rights and responsibilities of undocumented students. Know and understand the key federal and state laws, policies and court decisions regarding the rights and responsibilities of education institutions. Be aware of and contemplate ethical considerations related to the education of undocumented students. 1

2 Identify helpful resources for making sound policy and procedural decisions, and know how to access these. Area of Education: Both K-12 and Higher Education Time: No preference If not selected for a regular concurrent session: either Summary An examination of current and emerging legislation, policies and litigation regarding the education of undocumented students. What K-12 and postsecondary education leaders need to know. Description Undocumented populations are at the forefront of our national agenda due to an influx of immigrants, fear about security and safety, and the use of taxpayer subsidies (Uwamana, 2013; American Association of State Colleges and Universities, 2005). Some politicians and members of the general public believe noncitizens should not have the same rights as U.S. citizens (Contreras, 2015; Longley, 2017; Stockman, 2017). At all levels of education, issues are raised about access, institutional expense, tuition, student placement, the quality of instruction, and the threat of deportation (Glum, 2014; Walker, 2016). According to Cosetlo (2011), [i]mmigration is a powder keg for educators. Education, however, is vital for one s success and ability to contribute to society regardless of national origin as recognized by the U.S. Supreme Court (e.g., Brown v. Board of Education, 1954; Plyer v. Doe, 1982); Congress (e.g., Civil Rights Act of 1964; Every Child Succeeds Act of 2015), the National School Board Association (Article IV), the National Education Association (resolution I-22), and the United Nations (1948 resolution 217, Article 26; 1951 Status of Refugees; 1965 Elimination of All Forms of Racial Discrimination). Rights under the 14 th Amendment of the U.S. Constitution extend to all persons, citizens and noncitizens alike (Cole, 2010). In 1886, the U.S. Supreme Court ruled that the Equal Protection Clause applies to all persons regardless of nationality (Yick Wo v. Hopkins). Referencing this clause, the Court in 1982 determined undocumented children have the same right to a free, basic public K-12 education as citizens and lawful residents (Plyer v. Doe, 457 U.S. 202). Public school officials are compelled to provide equal educational opportunities to undocumented students who reside in their district. Under state compulsory attendance laws, these children may in fact be required to attend (OSPI, 2015). Undocumented students have the right to: the range of programs offered other students; qualified teachers; support services; 2

3 extra-curricular activities; privacy, and access to records; and, for those who qualify, free and reduced lunch, special education, and 504/ADA protection (Sauer, 2013; Borkowski & Soronen, 2009; U.S. Department of Agriculture, 2008). In 2014, the U.S. Departments of Justice and Education informed state and local education agencies they were aware of improper enrollment practices. Obstacles undocumented children face include: registration delays; rigid document requirements; concern that these children will lower state exam scores; placement in alternative school; and ineffective communication with parents (Booi, et. al, 2016; Borkowshi & Soronen, 2009). Also, some parents hesitate to enroll their children because they fear being deported (Walker, 2016). Regarding higher education, states are not required to provide undocumented students access (Vasilogambros, 2016). In fact, three do not (Alabama, Georgia, South Carolina). On the other hand, no federal law prohibits admission. The major obstacle facing undocumented students is cost. They are not eligible for federal financial aid, including loans, grants, scholarships or workstudy (Higher Education Act of 1965; Illegal Immigration Reform & Immigration Responsibility Act of 1996; Personal Responsibility & Work Opportunity Reconciliation Act of 1996). Resources College Guide for Undocumented Students. Ensuring Every Undocumented Student Succeeds: A Report on Access to Public Education for Undocumented Children. April 11, Georgetown Human Rights Institute Legal Issues for School Districts Related to the Education of Undocumented Children National School Board Association and the National Education Association Resource Guide: Supporting Undocumented Youth. Oct. 20, U.S. Department of Education Repository of Resources for Undocumented Students. College Board U.S. Department of Education, Office for Civil Rights. (800) ; ocr@ed.go U.S. Department of Education, Office of the General Counsel. (202) U.S. Department of Justice, Civil Rights Division Educational Opportunities Section. (877) ; education@usdoj.gov 3

4 References American Council of State Colleges and Universities (2005). Should Undocumented Immigrants have Access to In-State Tuition? Vol. 2, No. 6, June. American Immigration Council (2014). Unauthorized Immigrants Today: A Demographic Profile. August 19. Booi, Z., Callahan, c., Fugere, G., Harris, M., Hughes, A., Kamarczuk, A., Kurtz, C., Reyes, R., & Swaminathan, S. (2016). Ensuring Every Undocumented Student Succeeds: A Report on Access to Public Education for Undocumented Children. Georgetown Human Rights Institute. Borkowski, J., Soronen, L. (2009). Legal Issues for School Districts Related to the Education of Undocumented Children. National School Boards Association. ISBN Cole, D. (2010). Are Foreign Nationals Entitled to the Same Constitutional Rights As Citizens? Georgetown University Law Center. Contreras, R. (2015). Yes, Illegal Aliens Have Constitutional Rights. The Hill, September 29. TheHill.com/ / yes-illegal-aliens-have-constitutional-rights Cosetlo, M. (2011). The Human Face of Immigration, Teaching Tolerance, No. 39, Spring. Glum, J. (2016). Immigration Reform 2017: Undocumented Students Nervous About Affording College Tuition. International Business Times, December 8. Gonzales, R. (2009). Young Lives on Hold: The College Dreams of Undocumented Students. College Board Advocacy. Ho, J. (2015). Defining American : Birthright Citizenship and The Original Understanding of the 14 th Amendment, The Federalist, August 15. thefederalist.com/ /defining-american-birthright-citizenship-and-the-originalunderstanding-of-the-14 th -amendment Ibarra, H., & Ross, S. (2012). Higher Education Opportunities for Undocumented Students in the United States: What Are the Policy Implications for Educators and Legislators? ejournal of Education Policy. Longley, R. (2017). Do Undocumented Immigrants Have Constitutional Rights? January 31. Usagovinfo.about.com>About News & Issues>U.S. 4

5 OSPI (2015). Immigrant Students Rights to Attend Public Schools, Migrant & Bilingual Education, March Passel, J. & Cohn, D. (2016). Children of Unauthorized Immigrants Represent Rising Share of K- 12 Students, Fact Tank, November 17. Sauer, J. (2014). Equal Rights All Families Need to Know, Federation for Children with Special Needs, Vol. 4, February. fcsn.org/wp-2014/02/facet_famcontent/uploads/vol_4_ed_rights.pdf Scarinci, D. (2015). The 14 th Amendment s Citizenship Clause and the Birthright Debate, Observer, Dec. 2. Observer.com/ /14 th -Amendments-citizenship-clause-and-thebirthright-debate/ Stockman, R. (2017). Yes, Illegal Immigrants Do Have Constitutional Rights Even Under Trump s New Immigration Plan. Law Newz, February 27. lawnez.com/ yes-illegal-aliens-do-have-consituttional-rights-even-under U.S. Department of Agriculture (2008). Eligibility Manual for School Meals. Jan. U.S. Department of Justice and U.S. Department of Education (2014). Dear Colleague Letter: School Enrollment Procedures. May Uwimana, S. (2013). To Fox News, Giving Undocumented Students An Affordable College Education Isn t Fair, Media Matters, Dec. 10. Mediamatters.org/blog/2013/12/10/to-fox-news-giving-undocumented-students / Visilogambros, M. (2016). The Folly of Undereducating the Undocumented, The Altantic, March Walker, T. (2016). How Undocumented Students Are Turned Away From Public Schools. NEA Today, April 22. Nea.org/2016/04/22/undocumented-public-schools/ Court Decisions: Brown v. Board of Education, 347 U.S (1954) Plyer v. Doe, 457 U.S. 202 (1982) 5

6 Yick Wo v. Hopkins, 118 U.S. 365, 369 (1886) Legislation: Civil rights Act of 1964, P.L , 78 Stat. 241 (1964) see 42 U.S.C. sect. 2000c-6 and 2000d Every Student Succeeds Act, P.L , 117 Stat. 114 (2015) Higher Education Act of 1965, P.L , 79 Stat (1965) Illegal Immigration Reform & Immigrant Responsibility Act of 1996, P.L , 110 Stat (1996) McKinney-Vento Homeless Assistance Act, 101 Stat. 482, 42 U.S.C 11301etseq. (1987) Personal Responsibility & Work Opportunity Reconciliation Act of 1996, P.L , 110 Stat. (1996) Policies & Resolutions: National Education Association, Resolution 1-21 National School Boards Association, Article IV sec. 1.2 United Nations, resolution 2017, Article 26 (1948) United Nations, Convention Relating to the Status of Refugees (1951) United Nations, Convention on Elimination of All Forms of Racial Discrimination (1965) Please read each of the following, and indicate that you acknowledge and agree: All presenters must electronically submit an appropriate narrative paper of the presentation material, including a case list or footnotes with proper legal citations, in a final format, no later than October 1. Additional information related to copyright and publishing said narrative is discussed in #6 below. Presenters should also bring 10 printed copies of their presentation paper to the conference.* ELA does not provide an honorarium, travel, or other expenses for presenters. You will be responsible for your individual conference expenses:* 6

7 ALL presenters must register and pay for the conference by September 1 (Those who miss this deadline risk being removed from the program). In 2016 the ELA member registration was $385, non-member registration was $585, representing no change from the 2015 registration fees. Please also review our cancellation policy prior to selecting agree:* Registration fees are not waived for presenters. Note: Presenters for preconference seminars are not required to register for the preconference seminar in which they participate, but they must register for the conference. Each presenter whose name is submitted for the conference proposal must register for the conference.* An LCD projector and screen will be provided for each presentation. There will be no Internet in the meeting space and so will need to download and embed any such materials.* The undersigned represents that the signer is the sole proprietor of the materials that will be submitted for the 2017 Education Law Association Annual Conference; he/she has the full power and authority to grant any use of these materials to the Education Law Association and so grants said authority to ELA to publish the narrative paper or other materials; the publication of the material will not infringe upon any copyright and author is responsible for gaining any needed permission for dual publishing or republishing rights; and the undersigned will not enter into any agreement or understanding with any person or entity that might conflict with the rights granted the Education Law Association. If I am selected to present at the 2017 Education Law Association Annual Conference, I hereby grant the Education Law Association the non-exclusive right to print and distribute the narrative outline and any attachments in the Education Law Association s Annual Conference program and distributed conference files, and in other formats in furtherance of the mission and vision of ELA.* First name Last name Please type the captcha letters as they appear in the colored box. By checking the box to the right, to allow ELA to accept the electronic submission of this form as my signature.* 7

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EDUCATING UNDOCUMENTED STUDENTS: LEGAL RESONSIBILITIES AND ETHICAL CONSIDERATIONS

EDUCATING UNDOCUMENTED STUDENTS: LEGAL RESONSIBILITIES AND ETHICAL CONSIDERATIONS BY: Dr. Robert Howman Winona State University & Julie Ace Rochester City Public Schools, MN Submitted for the Education