Immigrants' Access to Schools Is Discussed
Supervisors' Say Would Be Limited

By Ian Shapira
Washington Post Staff Writer
Sunday, July 15, 2007

As Prince William County supervisors debated a measure last week to restrict government services for illegal immigrants, questions were raised about possible limits on access to public schools. But the county School Board's attorney said the supervisors face significant constraints on their power to intervene in the educational arena.

First, attorney Mary McGowan said, is the U.S. Supreme Court decision in Plyler v. Doe. That 1982 ruling protects the right of children to attend public schools regardless of their immigration status.

Second, McGowan said, the county School Board is separate from the Prince William Board of County Supervisors under the Virginia Constitution. That gives the School Board power over school system policy, she said, even though the schools depend on the county government for much of their annual revenue.

The measure the supervisors passed Tuesday authorizes county staff to examine what public services may be denied to illegal immigrants. It does not include any provision specifically targeting public schools.

But some supervisors may discuss access to public education over the next several weeks as they consider implementation of the resolution. Supervisor W.S. Covington III (R-Brentsville) said that he believes the school system is "part of Prince William County" and that it's difficult to say it is "a separate agency when they still have ties to the government."

Covington said that he does not want to attract lawsuits but that the supervisors could consider taking steps that would bring a "test case" on education and illegal immigration to the nation's highest court. He also said he hopes the federal government will provide more money for the staffing and resources needed to educate illegal immigrants. It is unknown how many such students are in the county. The school system is prohibited from asking students about their immigration status.

Some School Board members expressed ambivalence about any move to deny public education to illegal immigrants, but others seemed open to the idea if there were no legal hurdles. School Board member Grant Lattin (Occoquan) said the board asked McGowan within the past year whether the school system was obligated to provide services to illegal immigrants. The query, Lattin said, surfaced about the same time the School Board was dealing with crowding issues and seeking ways to save.

"Board members asked the question, 'Just who are we required to provide services to? Can we provide services to citizens and noncitizens?' " Lattin said. "I have grave concerns about the impact that undocumented aliens have on the services, including school services, and I wonder what can be done about it."

School Board member Donald P. Richardson (Gainesville) said he believes local governments should wait for the issue to be resolved at the federal or state level. "I think it's very difficult to figure out who's illegal and who's not illegal," he said. "I have a real hard time punishing children for sins their parents may have committed. But the bottom line is that Prince William is not in control. We're going to follow the law whatever it is right now."