Citizenship proof may be required to attend school

Children would have to show proof of U.S. citizenship or legal immigration status to enroll in a public school under new rules proposed by the Oklahoma Department of Education, a practice that could run afoul of federal law and deter children who are undocumented or from mixed-status families from attending school.

The agency’s proposal states that students without documentation would not be prohibited from enrolling. Supreme Court precedent requires public schools to enroll children living within their districts, whether they are in the country legally or not.

But federal law also bars schools from asking about a student’s citizenship or immigration status to confirm they live in the district as it can have a chilling effect on student enrollment, according to guidance to the U.S. Department of Justice and U.S. Department of Education. Neither can schools discourage students from enrolling if they don’t have a birth certificate or if they have a foreign birth certificate.

According to the proposal, accepted documents include a U.S. birth certificate, U.S. passport, driver’s license, state identification card, naturalization/citizen certificate, consular report of birth abroad, or permanent resident card.

Under the draft rules, published in December, school districts would be required to report the number of students who couldn’t prove citizenship or legal immigration status, excluding personally identifiable information, to the Oklahoma Department of Education.

The Department of Education stated the purpose of the rule change was to assess statewide and local educational needs, including for English as a Second Language teachers and tutors, transportation needs and anticipated funding.

David Blatt, director of research and strategic impact for Oklahoma Appleseed, a legal advocacy group, said the state can and does assess those needs without asking students about their immigration status.

“None of the needs they claim to be concerned about in any way depends on knowing the number of students who are undocumented,” Blatt said. “If you want to determine how many students need English language services, then figure that out, but it’s not a citizenship question.”

Even if schools permit undocumented children to enroll, asking about immigration status is likely unconstitutional because it dissuades immigrant families from enrolling or sending children to school, according to the American Immigration Council.

Cecilia Robinson-Woods, superintendent of Millwood Public Schools, said she hadn’t seen the proposed rule, but challenged how such a policy would be legal. Asking students about their status could discourage them from attending school or deter parents from being involved in their child’s education, such as attending IEP meetings, she said.

“We can’t break the law based on a directive,” she said.

In August, Superintendent of Public Instruction Ryan Walters announced a plan to ask school administrators to calculate the cost of illegal immigration in their districts. Several district leaders said publicly they would refuse a directive to ask students about their immigration status.

The department recently told Oklahoma Watch the only public record related to that effort is Walters’ Oct. 29 letter to Vice President Kamala Harris demanding nearly $475 million to reimburse Oklahoma for the cost of illegal immigration on the state’s schools. Dan Isett, a spokesman for the department, said guidance to districts is in process.

Asked to explain the purpose of the proposed rule change, Isett said Walters “is committed to crafting aggressive policies to protect Oklahomans from unfunded mandates.”

The department published the proposed rule change along with a slew of others in December. Public comment is open through Jan. 17 and can be submitted to the department by email (kory.kile@sde.ok.gov) or in person. A public hearing is scheduled for 10 a.m. on Jan. 17 at the department, 2500 N. Lincoln Boulevard in Oklahoma City.

The Board of Education and the Legislature must approve proposed agency rules.

Oklahoma Watch (OklahomaWatch.org) is a nonprofit, nonpartisan news organization that covers public-policy issues facing the state.