Process, Procedures and Rules for Application of Student Admission into Public Schools in Texas

Posted: January 5th, 2023

Process, Procedures and Rules for Application of Student Admission into Public Schools in Texas

Student’s Name

Institutional Affiliation

Course

Instructor

Due Date

Process, Procedures and Rules for Application of Student Admission into Public Schools in Texas

Accepting immigrant and foreign children into the public school system in the United States has always elicited vigorous debate and controversy as opinions are divided. The United States is experiencing an immigration crisis, with many undocumented immigrants living in the country and enjoying its amenities and hospitality without paying their due share of taxes. Besides, the political rhetoric on this issue threatens undocumented immigrants with deportation and criminal charges, regardless of their age (Turner & Figueroa, 2019). In turn, the federal and state governments have endeavored to regulate the immigrants’ environment, but monitoring and enforcing has been challenging because of the diverse values presented in the American Constitution and the landmark rulings made by the supreme court. This discussion delves into processes, procedures, and rules governing subtends that apply for admission into the Alpine School District in Texas. After providing a background of this issue, the significant laws and cases associated with the eligibility and enrolment of immigrant and international students into American public schools are interrogated. The existing policies at Alpine School District that govern immigrant and foreign students are discussed. After determining the current situation in the school district, the discussion closes by outlining the ramifications of the statutes and laws of admission and enrolment of immigrant and international students in the Alpine School District.    

Background

With Texas bordering Mexico, the eligibility of immigrant students into the public school system in the state has always been controversial. On the one hand, it has been opined that children should have equal access to education regardless of their immigration status under the federal and state antidiscrimination laws. This opinion is premised on education is an inalienable right for children. On the other hand, others feel that undocumented and illegal immigrants should not benefit from the American education system without the cost. Therefore, they insist that their admission to public schools should be restricted or the immigrants should bear the total cost of education. Consequently, the issue of enrolment into public schools in Texas, and particularly in Alpine School District, has been controversial because of the extended border of the state and school district with Mexico and, in turn, the high number of Mexican and other central and south American immigrants crossing into the United States.

Major Cases and Laws

The most significant federal laws governing the eligibility of children for admission into public schools in the United States altogether include the Equal Protection Clause of the Fourteenth Amendment, Equal Education Opportunities Act, and Title IV and VI of the Civil Rights Act of 1964. However, state laws and School District policies may impose some hurdles that may hinder the undeterred access to free public education by immigrants in the United States, and particularly, in Texas.  Consequently, the inconsistencies in legislation and policies governing the processes, procedures, and rules to be followed by students seeking admission into public schools in Texas and the Alpine School District have invited several notable litigations.

The Supreme Court ruling in the Plyler v. Doe case (457 U.S. 202 -1982) is significant because it overturned a Texas law that required school districts in Texas to deny admission to children lacking legal immigration status into public schools. According to the Texas Association of School Boards (2018), the Supreme Court argued that the admission restrictions placed by the Texas statute on immigrant children violated the Equal Protection Clause of the Fourth Amendment of the American Constitution and wa, therefore, discriminatory. In turn, the case created precedence jurisprudence by holding that all children in the United States, regardless of their immigration status, were entitled to public school enrolment after the 1982 landmark ruling (Texas Association of School Boards, 2018).

Similarly, in 2013, the state of Texas enacted a state law that allowed foreign students to gain admission into public schools and pay tuition fees that is equivalent to the full and unsubsidized per capita cost of providing education in the school district of enrolment. This overturned the previous law that denied admission to students holding F-1 visas. However, school districts are prevented from accepting higher tuition fees than those stipulated by the commissioner of education without the commissioner’s express authority. However, according to the Texas Education Code, the allocation of state and federal funds to the school district should not consider the attendance of foreign tuition-paying students as a criterion (Texas Association of School Boards, 2018). 

Policies on Student Admission

In Texas, the policies governing student admission into public schools are to be found in the Texas Education Code under education code chapter 25. These policies impose some eligibility, procedural, and obligatory requirements for admission of immigrant and foreign students into public schools in Texas. According to the Texas Education Code, chapter 25, although a school district in Texas cannot deny admission to an undocumented and foreign child into a public school, it requires that such children provide proof of their birth and residency using birth certificates and utility bills, tenancy contracts, and other documentary evidences of residency, respectively (Texas Constitution and Statutes, n.d.).

However, the prevailing political atmosphere often complicates implementing the policies outlined in the Texas Education Code. For instance, although President Obama’s administration introduced the Deferred Action for Children Arrivals (DACA) program, which provides a pathway for regularizing the immigration status of undocumented immigrants, the Texas Attorney General is endeavoring to terminate DACA. In the same vein, the Development, Relief, and Education of Alien Minors (DREAM) act remains a legislative proposal since 2001, thus contracting the pathways through which undocumented immigrants and their children can become American citizens (Petts, 2021). Besides, President Trump attempted to terminate DACA in 2017, in vain. He would have succeeded were it not for the intervention of the Supreme Court (Nguyen & Kebede, 2017). These political controversies and unpredictability harm the facilitation of enrolling undocumented minors into Texas Public Schools and expose them to stigmatization and excess bullying.   

Where We Stand Now

Currently, there are no restrictions to admission into public schools in Texas and the Alpine School District imposed by federal law. Therefore, any child of eligible age can argue to be admitted to any public school in Alpine School District on equal opportunities and discrimination grounds.

However, the Alpine School District imposes a cost to such admission by requiring that a child without proper immigration documentation and foreign national visas pay full tuition as determined by the Commissioner of Education. Besides, the political questions related to the status and future of undocumented immigrants remain unanswered, complicating the enrolment of undocumented children into public schools.   

Ramifications for School Administrators

The issues surrounding student enrolment in public schools are complex, ambiguously addressed, and capable of challenging the school administrators in the Alpine School District. While the enrolment of children that are bona fide United States citizens living in the Alpine School District present no hurdles, those with undocumented immigration status and F-1 visas require careful consideration to avoid violating federal and state laws by the school administrators. In turn, school administrators in Alpine School District should ensure that they do not deny any child in their jurisdiction access to education by familiarizing themselves with the enrolment requirements for immigrant and foreign students and facilitate such children to be enrolled in public schools (Crawford, Walker, & Valle, 2018). Further, in the prevailing circumstances of immigration tensions and uncertainty, school administrators have to contend with the hostile sentiments and resistance from the opponents of the policy requiring enrolment of all children in the country into public schools without any discrimination or puffing eligibility on migration status. Specifically, they have to counter the hostile treatment of immigrant and foreign students, often in the form of bullying, stereotyping, and outright rejection of the foreigners by some Americans.     

Conclusion

The processes, procedures, and rules governing the admission of immigrant and foreign students into public schools in Texas and specifically, Alpine School District, are complex and often confusing. However, federal laws, such as the Equal Protection Clause of the Fourteenth Amendment, Equal Education Opportunities Act, and Title IV and VI of the Civil Rights Act of 1964, and the Texas Education Code provide comprehensive guidance on how immigrant and foreign students can gain admission into public schools and their requirements and obligations associated to their enrolment. School administrators in the Alpine School District should familiarize themselves with these state and federal statutes and laws to facilitate such enrolment and avoid unnecessary litigations, which would cost schools the much valued and rare financial resources.

References

Crawford, E. R., Walker, D., & Valle, F. (2018). Leading for change: School leader advocacy for undocumented immigrant students. Equity & Excellence in Education, 51(1), 62-77. https://doi.org/10.1080/10665684.2018.1441763.

Nguyen, C., & Kebede, M. (2017). Immigrant students in the Trump era: What we know and do not know. Educational Policy, 31(6), 716-742. https://doi.org/10.1177/0895904817723740.

Petts, J. (2021). All about the DREAM Act 2021. Retrieved from https://www.immigrationhelp.org/learning-center/all-about-the-dream-act-2021.

Texas Association of School Boards (2018). Student immigration issues in Texas public schools. Retrieved from https://www.tasb.org/services/legal-services/tasb-school-law-esource/students/documents/student_immigration_issues.pdf.

Texas Constitution and Statutes (n.d.). Education code. Retrieved from https://statutes.capitol.texas.gov/?link=ED. 

Turner, E. O. & Figueroa, A. M. (2019). Immigration policy and education in lived reality: A framework for researchers and educators. Educational Researcher, 48(8), 549-557. https://doi.org/10.3102/0013189×19872496.