CALIFORNIA PROPOSITION 187 IS ON THE BOOKS AFTER ALL

SCHOOLS MUST EXCLUDE ILLEGAL ALIENS

Posted 2/11/02 7:05 AM PST

Is Proposition 187 really legal after all? Well, it is part of the Education Code

CHECK IT OUT

Go to the following url [click here for link], select California Education Code, and search for 48215.

CALIFORNIA EDUCATION CODE SECTION 48215.

(a) No public elementary or secondary school shall admit, or permit the attendance of, any child who is not a citizen of the United States, an alien lawfully admitted as a permanent resident, or a person who is otherwise authorized under federal law to be present in the United States.

(b) Commencing January 1, 1995, each school district shall verify the legal status of each child enrolling in the school district for the first time in order to ensure the enrollment or attendance only of citizens, aliens lawfully admitted as permanent residents, or persons who are otherwise authorized to be present in the United States.

(c) By January 1, 1996, each school district shall have verified the legal status of each child already enrolled and in attendance in the school district in order to ensure the enrollment or attendance only of citizens, aliens lawfully admitted as permanent residents, or persons who are otherwise authorized under federal law to be present in the United States.

(d) By January 1, 1996, each school district shall also have verified the legal status of each parent or guardian of each child referred to in subdivisions (b) and (c), to determine whether such parent or guardian is one of the following:

(1) A citizen of the United States.

(2) An alien lawfully admitted as a permanent resident.

(3) An alien admitted lawfully for a temporary period of time.

(e) Each school district shall provide information to the State Superintendent of Public Instruction, the Attorney General of California, and the United States Immigration and Naturalization Service regarding any enrollee or pupil, or parent or guardian, attending a public elementary or secondary school in the school district determined or reasonably suspected to be in violation of federal immigration laws within forty-five days after becoming aware of an apparent violation.

The notice shall also be provided to the parent or legal guardian of the enrollee or pupil, and shall state that an existing pupil may not continue to attend the school after ninety calendar days from the date of the notice, unless legal status is established.

(f) For each child who cannot establish legal status in the United States, each school district shall continue to provide education for a period of ninety days from the date of the notice. Such ninety day period shall be utilized to accomplish an orderly transition to a school in the child's country of origin.

Each school district shall fully cooperate in this transition effort to ensure that the educational needs of the child are best served for that period of time.

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The Pacific Legal Foundation has claimed that no initiative passed by California voters can be held unlawful unless tested by an appeals court. That did not happen with Proposition 187. Could it be that the entire education establishment is breaking the law?

Glenn Spencer
American Patrol


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