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Tuesday, February 9, 2010 | Serving Del Rio and Val Verde County: Since 1929
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TRLA questions district’s policies
Published September 12, 2009
While school officials are targeting students unlawfully receiving a public education, a local attorney has set her sights on the public school district's policies.
“The (San Felipe Del Rio Consolidated Independent School District's) policy for residency is illegal and doesn't comply with Texas Education Code,” Texas RioGrande Legal Aid attorney Courtney Schusheim said Thursday.
Schusheim, whose agency routinely represents clients on education-related issues, delivered her comment during a meeting intended to inform parents of their rights regarding education.
Though she planned to cover a variety of issues, Schusheim said she narrowed her presentation after school district personnel targeted school age children crossing at the port of entry between Del Rio and Ciudad Acuña, Coah., Mexico Wednesday.
District superintendent Kelt Cooper said his personnel identified 195 children who might be attending Del Rio schools unlawfully.
By law children are required to reside within the district where they attend school with few exemptions.
When he received information from authorities at the port indicating more than 500 school-age children had crossed in a single morning, it became apparent to Cooper many were not abiding by the law.
“With these kinds of numbers, it was out of control…it was right in our face,” said Cooper Wednesday afternoon. The 195 tally was reached because district officials did not address children attending private schools or entering the country with a student visa, said Cooper.
The immigration check that noted 546 children had crossed was conducted on a Monday, when numbers are typically higher as families return from visiting relatives or weekend getaways.
While Schusheim agrees in most instances children should reside in the district, she takes issue with its policy on how residency is established.
According to local policy, applicants seeking admission to the district must provide two documents, such as a utility statement, which show the current address of the applicant's parent or guardian.
But, a child is not required to live with a parent or guardian to attend school, says Schusheim, who argued seeking such documents as an end-all to determining residency violates the law.
Cooper, however, says there are other ways residency can be established and the district takes those into consideration when reviewing student files.
“We know there are some oddball cases out there that are legitimately odd,” said Cooper.
“It's not always cut and dry, but it is simple - does the child live in the district?”
When asked to review the district's policy, a representative from the Texas Association of School Boards said while there are minor alterations the policy is “based on model language offered as a starting place by TASB and they are similar to policies in place in hundreds of districts around the state”.
TASB said the use of utility bills and other documents to determine residency is also standard procedure in districts across Texas.
The Texas Education Agency advises districts that such documentation is allowable, but should not be considered the sole method of determining residency.
When the News-Herald randomly sampled the policies of five border districts, it found only one other - Brownsville ISD - that requires such documentation.
How residency is proven isn't the only concern rights' groups have raised.
The Mexican American Legal Defense and Educational Fund (MALDEF) issued a statement Friday questioning the decision to immediately withdraw students caught crossing the border as a potential civil rights violation.
“We will continue investigating this matter and in the event that the superintendent violated the rights of the students, the district will have to answer for its poor leadership,” said MALDEF Staff Attorney David Hinojosa. “In the meantime, we call on the board of trustees to take swift action and ensure that students' civil rights are protected and that all children be provided an education.”
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