Oklahoma Parents Would Be Required to Show Proof of Citizenship to Enroll Kids in School Under Newly Approved Proposal

In a contentious move Tuesday, the Oklahoma State Board of Education voted unanimously to approve a rule requiring parents to disclose their immigration or citizenship status when enrolling children in public schools.

The proposal passed 6-0 after a brief 15-minute discussion, and now awaits legislative and gubernatorial approval before taking effect.

"Our rule around illegal immigration accounting is simply that. It is to account for how many students of illegal immigrants are in our schools," said Ryan Walters, Oklahoma's Superintendent of Public Instruction, during the meeting, as reported by CNN.

Walters framed the policy as a data-gathering effort, citing the need to address potential resource gaps for English as a Second Language programs, teacher hiring, and transportation needs.

The proposed rule requires school districts to track how many students have parents or guardians who cannot provide proof of citizenship or legal immigration status. Districts must then report "only information of the total number of students that lack documentation" to the state Department of Education, excluding any personally identifiable information.

In a letter sent to the State Department of Education, the National Immigration Law Center argues that the rule violates the Equal Protection Clause of the Fourteenth Amendment.

"All children have a constitutional right to equal access to education regardless of their citizenship or immigration status. Requiring school districts to collect information about immigration status illegally chills access to this opportunity, interfering with their ability to focus on their core mission: to educate children and give all students the ability to grow, thrive, and participate fully in our democracy," the National Immigration Law Center wrote.

The rule's approval is part of Republican-led efforts in Oklahoma to reshape public education. Walters has been vocal in correlating federal immigration policies to the financial challenges faced by the state's schools.

Earlier this month, he announced a $474 million lawsuit against the Department of Homeland Security and Immigration and Customs Enforcement, blaming the Biden administration's border policies for "overburdening schools with unfunded mandates and diverting resources from Oklahoma children."

Walter defended the latest rule in a statement Monday, deeming it a "great step forward in the process that will lead to new rules in place to protect Oklahoma students."

The statement went on to say the rule will serve taxpayers and "help ensure resources are directed to the students who need them most."

The new rule mandates reporting any school employee who resigns or is not re-employed due to suspected abuse of a student. It also "ensures teachers have the same knowledge of American history and government as we require of new citizens, and students have the unfettered right to show and display the American flag at school."

The proposal echoes similar legislation in Alabama, which, back in 2011, attempted to require schools to collect student immigration data. The National Immigration Law Center detailed that a federal judge had struck down the law, claiming it "substantially burdened" the right to equal access to education.

The center also pointed to the 1982 Supreme Court decision in Plyler v. Doe, where parents of undocumented children successfully challenged a Texas law that denied free public education to undocumented students. The Supreme Court ruled that the law violated the 14th Amendment's Equal Protection Clause, stating it would impose a lifetime of hardship on a specific class of children and create "the stigma of illiteracy [that] will mark them for the rest of their lives."

"Policies like this risk politicizing the classroom and they create an environment where families feel unwelcome enrolling their children in school," said Tasneem Al-Michael, a Deferred Action for Childhood Arrivals (DACA) recipient and representative of the Oklahoma Center for Community and Justice, at the Oklahoma State Board of Education hearing, per CNN.

"Federal law guarantees every child's right to public education regardless of immigration status, and our District will continue operating in accordance with these established federal protections," Oklahoma City Public Schools Superintendent Jamie C. Polk said in a statement last month.

Polk noted that "OKCPS does not, nor do we have plans to, collect the immigration status of our students or their families."

She stressed the district's dedication to inclusivity, stating, "OKCPS schools are a safe and welcoming place for ALL students, and our mission remains unchanged. We are committed to providing equitable access to a world-class education for every student in our district."

Polk also acknowledged the situation's complexity and assured families that the district is monitoring developments.