Return-Path: <nifl-esl@literacy.nifl.gov> Received: from literacy (localhost [127.0.0.1]) by literacy.nifl.gov (8.10.2/8.10.2) with SMTP id i0QNHCI06881; Mon, 26 Jan 2004 18:17:12 -0500 (EST) Date: Mon, 26 Jan 2004 18:17:12 -0500 (EST) Message-Id: <s0153d04.080@nmail.epcc.edu> Errors-To: listowner@literacy.nifl.gov Reply-To: nifl-esl@literacy.nifl.gov Originator: nifl-esl@literacy.nifl.gov Sender: nifl-esl@literacy.nifl.gov Precedence: bulk From: "Andres Muro" <AndresM@epcc.edu> To: Multiple recipients of list <nifl-esl@literacy.nifl.gov> Subject: [NIFL-ESL:9806] RE: Florida registration forms X-Listprocessor-Version: 6.0c -- ListProcessor by Anastasios Kotsikonas Content-Transfer-Encoding: 8bit Content-Type: text/plain; charset=US-ASCII X-Mailer: Novell GroupWise Internet Agent 6.0.3 Status: O Content-Length: 3096 Lines: 53 By law, programs offering K-12 education cannot deny access to anyone based on immigration status. This was ruled in Plyler vs DOE (1982). Moreover, K-12 education programs cannot come up with requests for documentation, IDs, social security numbers, work permits or visas. They cannot post signs requesting that people bring a social security number in order to register. If students lack a social security number or ID, the school is required to provide a student ID number. With adults, it gets tricky. If adults are attending a program considered a post-secondary education program, they must obtain a student visa (F1). However, if they are attending a K-12 program, such as GED, or pre GED they fall under Plyler vs DOE. Also, while I am not sure, believe that INS does not do raids of schools. Schools are supposed to be considered sanctuaries. this was done to prevent parents to pull their kids from school. However, this may also applies to GED programs. What you need to do is determine if your school is considered a K-12 or post-secondary education program. You need to determine where the money is coming from. If it is ABE money, it is considered K-12, and Plyler vs DOE should apply. If it is post-secondary, INS can check to ensure that students have F1 visas. INS doesn't usually raid educational programs. If INS contacts your school inquiring about student status, your administrator needs to inform them the type of your school, and what your funding dictates that you do. Again, if it is ABE funding, the DOE and the Federal Register have already determined who you are serving, and what you can ask. If you go beyond that, you are acting beyond your authority and you are not using the funds for their intended purpose. If anyone needs more info about this, please let me know. Andres >>> bodman@ucc.edu 01/26/04 03:07PM >>> I understand--not from direct sources--that the FBI communicated that they might make unannounced visits to ESL programs to "review student files". When this "audit" has happened in the past and word of it spread among students in the programs, students have fled the programs for several semesters--afraid, if not for themselves, for fear of being questioned about relatives or friends. Some programs lost as many as 1/3 of their students. Jean Bodman Union County College bodman@ucc.edu Work: 908-965-6096 Home: 609-695-6567 -----Original Message----- From: Sandees32605@aol.com [mailto:Sandees32605@aol.com] Sent: Monday, January 26, 2004 4:56 PM To: Multiple recipients of list Subject: [NIFL-ESL:9804] RE: Florida registration forms In a message dated 1/26/04 4:23:52 PM, bodman@ucc.edu writes: << They were "threatened" with unannounced raids, if they did not comply. Now a number of colleges have very quietly backed off this and are admitting students without proof. >> Just curious. Who was threatening? We were being 'threatened' with an audit by (I gather) the state DOE. I really appreciate your response and the information. Hope it's not quite as cold in NJ as the news is reporting. Sue Sandeen Florida
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