Undocumented Parents Struggle to Participate in the Classroom

By: Courtney Rudy

It is only natural for a parent to want to participate in their child’s life.  A major part of a child’s life is in their classroom education.  While most parents have the ability to participate in their child’s classroom, parents of undocumented children in Charlotte Mecklenburg Schools (CMS) do not have that right.

The Problem

An undocumented person is a person who has entered the United States illegally and is deportable if apprehended.  An undocumented person can also be someone who entered the United States legally but who has fallen “out of status” and is deportable.[1]  Currently, undocumented parents are not allowed to volunteer at CMS because the county’s volunteer application requires parents to have a social security number and a North Carolina driver’s license.[2]  Because undocumented parents are in the United States illegally and do not have either, they are not allowed to participate at their child’s school.[3]  However, even though the parents are undocumented, their children are entitled by law to enroll in school.[4]  Current guidelines enable the principal to utilize discretion in allowing the child’s parent to volunteer and interact with their child’s education.  However, this does not guarantee all parents the ability to see their children at school.[5]

Undocumented parents are seeking the right to be allowed into their children’s classroom so they can be more involved in their education.  They want to be able to go into their children’s classroom and participate in the same way other parents do.  They also want to be able to attend the school so they can be more hands-on with their children and help them if they fall behind.  Also, it has been shown that increased parental involvement will increase a child’s academic success.[6]  Other major cities, such as Los Angeles, Miami, Chicago, New York, and Houston, allow undocumented parents to fully participate in their child’s school without submitting their social security numbers and driver’s license.  These cities allow the parents to participate by conducting a criminal background search using the parent’s basic information and by accepting passports as a means of identification.

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The Proposal

A committee at CMS has drafted a proposal to help undocumented parents become more involved in their child’s schooling.  The proposal contains three levels of parental involvement.  Level one only requires that the parents provide their name and date of birth.  Once the parent has provided the information, the lobby guard system will run a background check to see if the parent has any sexual offense charges.  If the parent is free of charges they will be allowed access to their child, and their child only.  Level two allows the parent to interact under the direct supervision of a CMS employee with not only their child, but other children as well.  For this interaction to occur, the parent would need to present one form of a valid photo ID with their name and date of birth.  A license, passport, or consular ID will satisfy the requirements for level two interactions.[7]

Level three allows unsupervised access inside and outside the school.  Unsupervised access includes allowing parents to tutor or volunteer to be a field trip chaperone.  For level three, parents are required to have a social security number, valid North Carolina driver’s license, and pass a background check showing that they are free of felonies and sexual offenses.  The requirements of a social security number and North Carolina driver’s license will exclude undocumented parents from level three interactions.[8]

In order for these changes to be implemented, the proposal will need to be approved by the Superintendent of CMS, Heath Morrison.  There is no clear indication as to when this proposal will be implemented if approved.  If the proposal were to be approved it would be a huge victory for undocumented parents because it would grant them a greater ability to participate in their children’s education.  Stay tuned to the Civil Rights Clinic Blog to find out if the proposal is passed!

[1] A legal immigrant can fall out of status by violating the terms of their visa.  An example of this is a legal immigrant who has over stayed they term of their visa. http://www.irs.gov/individuals/International-Taxpayers/Immigration-Terms-and-Definition-Involving-Aliens.

[2] CMS Volunteer Application

[3] To obtain a driver’s license in North Carolina you are required to present two documents proving age and identity, proof of Social Security, proof of residency showing that you have a legal presence in the U.S., and proof of registration.  For a non-citizen to be approved for a social security card they need to have permission to work from the Department of Homeland Security.  If the non-citizen does not have a permit to work there needs to be a federal or state law that requires a social security number to get a particular benefit for which they have already qualified.  A non-citizen cannot get a social security number for the sole purpose of obtaining a driver’s license. http://www.ssa.gov/ssnumber/ss5doc.htm#work.

[4] Plyler v. Doe, 457 U.S. 202 (1982).  The Supreme Court of the United States case held that it is a violation of the Equal Protection Clause of the Fourteenth Amendment for school districts to deny funding for education to undocumented children.  The application of Plyler v. Doe is limited to K-12 schooling.

[5] http://www.charlotteobserver.com/2014/08/17/5112354/solutions-elude-cms-on-undocumented.html#.U_gJpmM09EK#storylink=cpy.

[6] http://edsource.org/2013/parenting-classes-tailored-for-latino-families-show-promise-in-closing-achievement-gap/33022#.VC9G4kvtWzA.

[7] http://www.gao.gov/new.items/d04881.pdf.   Consular ID’s are issued by some governments to their citizens who are living in foreign countries.  Consular ID’s contain the person’s name and date of birth.

[8] http://www.charlotteobserver.com/2014/09/24/5197429/cms-team-sets-path-for-more-immigrant.html#.VCSYskvtWzA#storylink=cpy

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