A bill in the Arizona Legislature would, if passed, order the Department of Education to compile data on the number of undocumented students at every public school in the state.
House Bill 2179, sponsored by Rep. Carl Seel, R-Phoenix, would penalize teachers and schools if the data are late or withheld from state officials.
Penalties include withholding district funding from the state as well as teacher salaries. Criminal charges are also possible if employees either refuse to comply or falsify data.
This bill targets undocumented youths by counting them as causes of financial debt and provokes an anti-immigrant ideology. Arizona would also see a depletion of its student population in classrooms if the bill succeeds.
Specifically, HB 2179 calls on public school districts to report the number of students whose parents or guardians cannot prove the students’ lawful presence in the U.S.
But implementing immigration status inquiry in public schools is unlawful and instills fear in students and families.
According to the Mexican American Legal Defense and Educational Fund, it is unlawful for public school officials to inquire about citizenship or require proof of U.S. citizenship for school enrollment.
In addition, the Family Education Rights and Privacy Act of 1974 (FERPA) prohibits schools from sharing students’ information with anyone outside of the school for non-educational purposes without parent permission. This includes police and immigration officers, unless there is a direct court order.
Because the bill requests student information for a non-educational purpose, these potential state inquiries are unjust and violate student rights.
The bill also requests that Arizona’s 300-plus school districts submit the amount of money spent on operation maintenance and teacher salaries for students who could not prove legal status.
An estimate of how much money taxpayers spend on educational services for undocumented students is yet another request of HB 2179.
This bill lacks intent to help the public school system, appearing instead to scapegoat undocumented youths as a source of our state’s financial problems. It also instigates public discontent with undocumented youths by proclaiming their contribution to financial debt.
Though this bill may suggest that the removal of undocumented youths would benefit Arizona financially, legislatures will be unsuccessful in the act of removal itself.
The right of a public education for K-12 students is protected under federal law regardless of immigration status. Students have had this protection since the Supreme Court decision in Plyler v. Doe, in which the Court struck down a Texas law that denied undocumented children public education.
The Court saw that the policy violated the 14th Amendment, recognizing that undocumented children are protected from discrimination.
Due to the multiple levels of federal protection for students, HB 2179 is merely an attempt to point fingers and instill fear in migrant communities.
Implementing this unlawful bill will cause a reduction in classroom population, something we saw with SB 1070, a law that further criminalizes undocumented people in Arizona. According to The Arizona Republic, Balsz Elementary School District saw enrollment drop by 560 students after SB 1070 was passed.
The irony of the current bill is that, although it attempts to reveal financial losses in the school system, the bill itself cannot be executed without additional money.
Who will be funding and calculating this extensive, detailed data collection on more than a million K-12 students?
Ultimately, this bill reveals anti-immigrant sentiment and ties Arizona’s children to the state’s financial debt. According to federal law, this bill cannot stand. But it is currently in the state House awaiting review. Good luck in court.
Continue the discussion at jrgarci8@asu.edu
