DOJ, DOE Reminding Nation’s Schools Of 14th Amendment Rights

Utica, NY (WIBX) - Schools across the nation are being reminded by two federal agencies, through a "Dear Colleague Letter" of a right that has been in place for more than 30 years. "And that is the right of children to attend public schools in the United States, irregardless of their immigration status," said, Udi Ofer, Advocacy Director for New York Civil Liberties Union.

In 1982 the Supreme court ruled in Plyler v. Doe that states stand in violation of the 14th Amendment, when they deny immigrant children the same access to an education that is provided to U.S. citizens. In essence ruling hat undocumented children have a right to attend public schools.  However, Ofer says many schools are still engaging in discriminatory practices by asking prospective students about their legal status.

Ofer says the U.S. Department of Justice and U.S. Department of Education are having to affirm this right because of the discriminatory practice taking place across the nation. He says a recent study by NYCLU found that 20-percent of school districts in New York State, which amounts to 139 districts, are still violating the law. He said, "For example, Camden Central School District, which is not far from Utica, used to ask on its enrollment form, whether the child is a U.S. citizen or not, and that is 100-percent irrelevant to the enrollment process to a child's eligibility to enroll in school."

Ofer says other area schools were even asking for green cards, and added that the study process revealed that some school districts simply did not want to enroll those suspected of being in the country illegally. DOJ and DOE sent the Dear Colleague letter to all public schools affirming the right last week.