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View Diary: Kansas: Sexism & Homophobia, now with added Racism! (7 comments)

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  •  Technically, the SCOTUS hasn't ruled on (6+ / 0-)

    this kind of stuff.  Plyer v. Doe held that school districts (k - 12) cannot deny public education to children who are here illegally, nor can they charge the families of children who are here illegally.  

    As far as I know, there's no ruling from the SCOTUS on whether a school district can track how many children who are here illegally are in the school, which is what this says it is supposed to do. Supposedly, they just want the "numbers" and aren't even going to track by name the children who are in this country illegally.  I imagine that the Kansas legislators probably knew  when they passed the law that they weren't technically violating the holding of Plyler v. Doe -- they usually have lawyers look over bills like this.  

    Nonetheless, this will probably be challenged in the courts if it becomes law.  A federal court may hold that parents do not have to answer that kind of question if they don't want to, since it does not bear on whether their children are properly enrolled in a particular school.  It seems to me that enrolling a child in a public school does not give government license to ask anything they want about the family and force a family to answer in exchange for enrolling the child.  For example, I doubt that a school could ask to see your family's tax returns to enroll your child in a school. I could see a federal court holding that parents only have to answer questions bearing on whether their child qualifies for a public education in that school district and at that school.  Schools can ask for information, for example, to establish whether or not the child lives in a school district because it bears on whether that school must provide an education to that particular child.

    •  There's also a potential Fifth Amendment issue. (2+ / 0-)
      Recommended by:
      anon004, gffish

      I haven't thought about it very hard, but my gut reaction is that there is potentially a compelled self-incrimination issue.  

      •  That's probably true. (3+ / 0-)
        Recommended by:
        misslegalbeagle, anon004, gffish

        I doubt a school could ask the parents of a child if they had committed a crime (which technically, is what illegal immigration is).  

        Well, maybe they can ASK, but I suspect they can't compel a parent to answer before they enroll the child.  

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