Protection Clause of the Fourteenth Amendment of the United States Constitution Brown v Board of Ed of Topeka, Kansas, (Brown II), 349 U S 294 ( 1955)
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Protection Clause of the Fourteenth Amendment of the United States Constitution Brown v Board of Ed of Topeka, Kansas, (Brown II), 349 U S 294 ( 1955)
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Plylerv. Doe: A Free and Public Education for All StudentsDr. Terry Rowles, Assistant Director, Policy ServicesDavid DeCabooter, Policy Consultant
BackgroundArizona School Boards Association | www.azsba.org 2McLaurin v. Oklahoma State Regents for Higher Ed., 339 U.S. 627 (1950)•George W. McLaurin, Ed.D. student. Oklahoma law prohibited schools from instructing blacks and whites together.Sweattv. Painter, 339 U.S. 629 (1950)•Herman Marian Sweatt, denied admission to Univ. of Texas Law School. Texas prohibited integrated education. These two cases, which were decided the same day, marked the end of theseparate but equaldoctrine ofPlessy v. Ferguson(1896)in graduate and professional education.
BackgroundArizona School Boards Association | www.azsba.org 3Brown v. Board of Ed. of Topeka, Kansas, (Brown I), 347 U.S. 483 (1954). •USSC declared state laws establishing separatepublic schoolsfor black and white students to be unconstitutional. The decision overturned thePlessy v. Fergusondecision of 1896, which allowed state-sponsored segregation, insofar as it applied to public education -"separate educational facilities are inherently unequal." •As a result,de jureracial segregationwas ruled a violation of theEqual Protection Clauseof theFourteenth Amendmentof theUnited States Constitution.Brown v. Board of Ed. of Topeka, Kansas, (Brown II), 349 U.S. 294 (1955) •Brown I did not spell out any sort of method for ending racial segregation in schools, and the Court's second decision inBrown II, only ordered states to desegregate "with all deliberate speed".
San Antonio Independent School District v. Rodriguez, 411 U.S. 1 (1973)•USSCheld thatSan Antonio Independent School District's financing system, which was based on local property taxes, was not an unconstitutional violation of theFourteenth Amendment's equal protection clause.•The majority opinion, reversing theDistrict Court, stated that theappelleesdid not sufficiently prove a textual basis, within the US Constitution, supporting the principle thateducation is a fundamental right. Urging that the school financing system led to wealth-based discrimination, the plaintiffs had argued that the fundamental right to education should be applied to the States, through the Fourteenth Amendment. The Court found that there was no such fundamental right and that the unequal school financing system was not subject tostrict scrutiny.Arizona School Boards Association | www.azsba.org 4
San Antonio Independent School District v. Rodriguez, 411 U.S. 1 (1973)The lawsuit alleged that education was a fundamental right and that wealth-based discrimination in the provision of education (such as a fundamental right), created in the poor, or those of lesser wealth, a constitutionally suspect class, who were to be protected from the discrimination.Arizona School Boards Association | www.azsba.org 5
San Antonio Independent School District v. Rodriguez, 411 U.S. 1 (1973)Arizona School Boards Association | www.azsba.org 6Justice Lewis Powell, who proved to be the swing vote in the Rodriguez case, led the narrow majority in deciding that the right to be educated (as a child of school age or an uneducated adult), was neither 'explicitly or implicitly' textually found anywhere in the U.S. Constitution. It was therefore, not anywhere protected by the Constitution.He also found that Texas had not created a suspect class related to poverty. The two findings allowed the state to continue its school financing plan as long so it was "rationally related to a legitimate state interest."
Arizona School Boards Association | www.azsba.org 7U. S. Constitution Number of Text References:Education-Zero (0)Citizen-Eleven (11)Person-Twenty-two (22)
Plylerv. Doe, 457 U.S. 202 (1982)•1975 -Texas revised its laws to withhold any state funds for the education of children who were not "legally admitted" into the United States.•School districts were authorized to deny enrollment to children not "legally admitted" to the U.S.Arizona School Boards Association | www.azsba.org 8
Plylerv. Doe, 457 U.S. 202 (1982)A lawsuit was initiated by undocumented children who claimed that their right to equal protection of the laws guaranteed in the 14thAmendment was being denied.https://www.pinterest.com/explore/the-14th-amendment/9
Plylerv. Doe, 457 U.S. 202 (1982)The USSC determined that the children, even though they were not U.S. citizens, were entitled to equal protection of the laws under the 14th Amendment of the U.S. Constitution. In order for the state to deny children the right to a free public education, the State had the burden of proof that the law would "further a substantial goal" of the State.Arizona School Boards Association | www.azsba.org 10
Plylerv. Doe, 457 U.S. 202 (1982)http://www.americanpatrol.com/REFERENCE/PlylerVDoeSummary.html•Public schools are prohibited from denying immigrant students access to a public education.•USSC stated that undocumented children have the same right to a free public education as U.S. citizens and permanent residents.•Compulsory Attendance laws require all students, including undocumented immigrant students, to attend school until they reach the age mandated by state law.Arizona School Boards Association | www.azsba.org 11
Plylerv. Doe, 457 U.S. 202 (1982)•Public schools and school personnel are prohibited underPlylerfrom adopting policies or taking actions that would deny students access to education based on their immigration status.•School officials may not require children to prove they are in this country legally by asking for documents such as green cards, citizenship papers, etc. They may only require proof that the child lives within the school district attendance zone, just as they might for any other child.•Schools should be careful of unintentional attempts to document students' legal status which lead to the possible "chilling" of theirPlylerrights.Arizona School Boards Association | www.azsba.org 12
Plylerv. Doe, 457 U.S. 202 (1982)Public schools may not:•Bar access to a student on the basis of legal status or alleged legal status.•Treat students disparately for residency determination purposes on the basis of their undocumented status.•Inquiring about a student's immigration status, including requiring documentation of a student's legal status at any time.•Make inquiries from a student or his/her parents which may expose their legal status.Arizona School Boards Association | www.azsba.org 13
Plylerv. Doe, 457 U.S. 202 (1982)Check with your School District Attorney prior to any of the following:•Communication with INS-Any communication to INS initiated by a school or school official concerning a specific student.•Request by INS to enter a school.•Request for information by INS-Complying with INS in any way that may jeopardize an immigrant students' right of access (with the exception of the administration of F-1 and J-1 visas). •INS and police requests for information which can be released upon the presentation of a valid subpoena.•Response to presentation of a warrantSchool Name and AddressList of students by nameSignature of judgeService by an officer with proper identificationArizona School Boards Association | www.azsba.org 14
Plylerv. Doe, 457 U.S. 202 (1982)ASBA Policies, including regulations and exhibits, to reference:•JB -Equal Educational Opportunities•JE -Student Attendance•JFB -Open Enrollment•JG -Assignment of Students to Classes and Grade Levels•JHB -Truancy•JHD -Exclusions and Exemptions from School AttendanceArizona Laws to reference:•A.R.S. 15-802 •A.R.S. 15-803•A.R.S. 15-804•A.R.S. 15-805.School District Personnel should always consult an attorney to clarify their duties and responsibilities underPlyler.
Plylerv. Doe, 457 U.S. 202 (1982)Review FERPA •The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. §1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.•Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record.Arizona School Boards Association | www.azsba.org 16
Plylerv. Doe, 457 U.S. 202 (1982)Review FERPA However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR §99.31):•School officials with legitimate educational interest; •Other schools to which a student is transferring; •Specified officials for audit or evaluation purposes; •Appropriate parties in connection with financial aid to a student; •Organizations conducting certain studies for or on behalf of the school; •Accrediting organizations; •To comply with a judicial order or lawfully issued subpoena;•Appropriate officials in cases of health and safety emergencies; and •State and local authorities, within a juvenile justice system, pursuant to specific State law.See ASBA policies JR, Student Records (policy, regulation and exhibits) and JRR, Student Surveys.Arizona School Boards Association | www.azsba.org 17
Plylerv. Doe: A Free and Public Education for All StudentsDr. Terry Rowles, Assistant Director, Policy ServicesDavid DeCabooter, Policy ConsultantASBA's Regional Policy Workshops, October 2017
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