LINCOLN — The Nebraska State Board of Education is considering a rule change to explicitly prohibit public schools from refusing to enroll children who are in the country illegally.
The proposed change would prohibit school officials from requiring children or their parents to prove they are U.S. citizens or legally admitted aliens.
Betty VanDeventer, spokeswoman for the Nebraska Department of Education, said the change would “clarify existing law and rule” for school districts. She said the board is not reacting to action by any school district.
The board this week voted to hold a public hearing on the proposal, but it hasn't been scheduled.
Last month, Nebraskans found themselves in the national limelight after voters in Fremont approved a controversial immigration law that punishes landlords and employers who knowingly rent to or hire illegal immigrants.
Education Department attorneys say the proposed rule change is consistent with a 1982 U.S. Supreme Court decision that prohibited schools from making such citizenship checks.
In that case, the court struck down a Texas law allowing schools to refuse enrollment to children not legally admitted to the country. Justices said the law violated the equal protection clause of the U.S. Constitution. Constitutional protection extends to noncitizens, they said.
Board members Kandy Imes and Rebecca Valdez said they were not aware of any Nebraska school district attempting to limit enrollment to citizens.
Valdez said changing the rule would emphasize that public education is not a benefit that can be restricted.
“Public education, literally, is for everyone,” she said.
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