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State Slaps District That Barred Teen: Elmwood Park Schools Risk Millions in Immigrant Case

Posted on: Friday, 24 February 2006, 12:00 CST

By Colleen Mastony and Diane Rado, Chicago Tribune

Feb. 24--In a drastic and unprecedented move, Illinois education officials on Thursday voted to cut off state funds to the Elmwood Park school district for refusing to admit an immigrant teen to its high school.

The action not only blocks the district from collecting $3.3 million in state aid, but could bar its student athletes from competition. Although district officials can appeal, it remains unclear whether doing so would enable them to receive their next state payment of $331,587 due next week.

Amid tense and emotional exchanges with district officials Thursday, the Illinois State Board of Education signaled that it will move swiftly and powerfully to protect the right of immigrant children to go to public schools, regardless of their immigration status.

"Frankly, I'm offended that we are dealing with this," said board chairman Jesse Ruiz, who mentioned that his own father had been an undocumented immigrant from Mexico before becoming a citizen.

Elmwood Park District 401 depends on the state money to operate, district attorney John Murphy said. "They have salaries they have to meet. They have teachers. If they take a big hit, they can't function."

The district's school board members scheduled an emergency meeting Friday to decide whether to appeal. The west suburban district has some 2,800 students in kindergarten through high school.

The decision to cut off funding to Elmwood Park capped three months of legal fighting between the state board and the district, with school officials suing in federal court to stop the board from taking punitive action. U.S. District Court Judge James Holderman is expected to rule as early as next week.

The district stood firm at the state board meeting Thursday in Springfield, arguing that the student who wanted to enroll in November was here on a tourist visa, and therefore had no right to attend school.

A U.S. Supreme Court case and state law guarantees a free public education to undocumented students--those who cannot prove they are in the country legally.

But the school district argued that the student was neither an undocumented immigrant nor a legal resident. Instead, the district said the Ecuadorean teen--identified only as Sharon M.--was here on a valid tourist visa, which implied that she was here temporarily and would soon return to her home country. District officials have said they believe they are not obliged to educate those who are not residents and will continue to turn away students on tourist visas.

The issue is especially important in Illinois, with its growing Hispanic student population, including many immigrants who are not legal residents.

State board general counsel Jonathan Furr said the district's actions are "illegal and unacceptable." The board said the school district should not even be asking about immigration status, because doing so could have a chilling effect on undocumented immigrants who might not bring their children to school if they feared being reported to authorities.

The state board voted to revoke Elmwood Park's "recognition"--a status that ensures that districts meet education laws and rules on everything from teacher qualifications to safety standards. Non-recognized districts are not eligible for basic state aid, though they still get money for special education, transportation and other special programs.

Murphy, the attorney for the school district, said officials were disappointed at the decision. "They are forcing us to enroll students in violation of federal law," he said. "We think that's wrong."

The last time the state revoked a district's recognition was in February 1989, when the financially strapped Kaskaskia Island School District, with just 21 students, lost the status. State officials said there has never been a revocation related to immigration issues.

The saga began in November, when the 14-year-old girl tried to enroll at Elmwood Park High School.

The teen had lived with her mother and older sister in the Chicago suburbs for several years and attended schools in the area, said attorneys at the state board. But the girl's mother suffered a stroke and moved to Florida, and the girl moved in with a friend in Elmwood Park.

Elmwood Park school officials refused to admit the girl and allegedly told her they would report her to immigration authorities, said Alonzo Rivas, a staff attorney with the Mexican American Legal Defense and Education Fund, who talked to the girl about suing the district.

"Sharon became apprehensive. She thought, 'Even if I win, I'm afraid the INS may come and knock on my door,'" Rivas said. Fearing that she would be deported, the girl left the district. Rivas said he didn't know where she was.

The next month, the school district tried to turn away a 13-year-old girl from the Czech Republic after she gave school officials a copy of her visa. The Czech girl eventually sued the school district, which later agreed to enroll her after it confirmed her residency and verified that her visa had expired.

The state board put the school on probation in December. In February, school officials sued in federal court, asking a judge to allow them to continue barring students on "B class" tourist visas and prevent the board from taking punitive action.

The school district is set to get a total of $8 million in basic state aid this school year, with about $3.3 million yet to be distributed. In the past, basic state aid has covered about 20 percent of the school district's budget.

Meanwhile, the state board's action has left athletes unsure whether they will be able to compete in spring sports.

Kurt Gibson, assistant executive director of the Illinois High School Association, said the district has to be recognized by the state for its schools to compete. No decision had been made yet about the Elmwood Park sports teams, he said, but the association would soon meet to discuss the issue.

Waiting outside campus to pick up her nephew, Elmwood Park resident Diana Tumasz said the district deserved to be punished, even if it meant canceling high school sports.

"They should've allowed her to be in school," Tumasz said. "She has a right to an education, just like everybody else."

But parent Linda Sharp, who has been a substitute teacher on campus, disagreed and defended the district. If the state board takes away funding, Sharp said, "it's essentially saying they don't care about these kids."

cmastony@tribune.com

drado@tribune.com

Tribune staff reporter Jamie Francisco contributed to this report

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Source: Chicago Tribune

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