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Oklahoma Board of Education advances rule requiring schools to check citizenship documentation at enrollment

Latino Immigrants and their supporters chant in protest of the new administrative rule change requiring schools to collect the immigration status of public school students and their parents, Jan. 28, 2024, outside the Oliver Hodge Education Building, which houses the State Department of Education. The new rules, while approved by education officials, are pending approval by the state legislature and the governor.
Lionel Ramos
/
KOSU
Latino Immigrants and their supporters chant in protest of the new administrative rule change requiring schools to collect the immigration status of public school students and their parents, Jan. 28, 2024, outside the Oliver Hodge Education Building.

The Oklahoma State Board of Education unanimously advanced an administrative rule change that would require schools to collect citizenship or legal immigration documentation from parents at enrollment.

The rule would require districts to record the number of students who did not provide proof of citizenship or legal immigration status and submit that number to the Oklahoma State Department of Education, excluding personally identifiable information.

The slate of proposed rule changes advanced at the meeting now heads to the legislature, which can choose to take a vote or pass it to the governor’s desk without a vote.

State Superintendent Ryan Walters blamed the media for “gaslighting” and the “stoking of fear” around the rule. He said the rule is intended to help make decisions about resource allocations.

“What we are doing is ensuring that we have the documentation around the child to understand if they are a legal citizen for the purposes of resources and personnel alignment,” Walters said.

Walters cited a $474 million price tag to educate undocumented students — a number he’s suing the Biden administration for over its “repeated failure” to secure the nation’s southern border.

He said school districts struggle to provide services for those students because they “don’t speak English.”

“And frankly, what happens a lot with the illegal immigrant population is then they’re gone in two months, and now you’ve got a different set of migrant students,” Walters said. “So do we hire more teachers that speak this language? Do we buy this material? Do we shift classes? Do we move students?”

Without citing specifics, Walters gave an example of “taxpayers… citizens… (and) parents” upset because their child in a tutoring program was removed to shift a tutor to teach undocumented students.

As for whose citizenship status will be recorded, the text of the rule is unclear about whether it would be the student or the parent:

“Each school district shall record the number of students enrolled within the district for which a parent or a legal guardian of a child, or the emancipated minor could not provide proof of citizenship or legal immigration status… due to the lack of citizenship or legal immigration status of the student,” the rule reads. “The school district shall submit only information of the total number of students that lack of documentation.”

Board member Katie Quebedeaux asked Walters to clarify whose immigration status would be recorded at enrollment. Walters answered it was “just information from the parents.”

“So parent-only information, we’re not gathering (information) about the students specific(ally)?” Quebedeaux asked.

“This right here is gathering information around the students’ parents upon enrollment,” Walters said.

StateImpact asked Walters’ office to clarify whose immigration status would be recorded, and, if it is the parents’ information, what information would then be required of emancipated minors. The office did not respond.

Last week, Walters said his agency would let ICE agents into schools to collect children whose parents are being deported, to “keep families together.”

At the meeting, Quebedeaux asked if the information submitted by districts would be shared with anyone to “encourage them to come in and do a raid.” Walters responded that the department would keep the information, but continued, saying it would also work with law enforcement.

“It is illegal, it is a felony to not work with law enforcement on an investigation,” Walters said. “If a law enforcement official comes in and asks for information, we are legally required to give that information over.”

Walters said if the Trump administration asked for “certain information,” the agency would “happily provide that.”

Latino community and supporters protest

Hundreds of immigrant Latinos and their supporters gathered outside the Oliver Hodge Building with one message for the education administrators inside.

“Say it loud, say it clear, immigrants are welcome here,” they shouted in opposition to the state education board’s commitment to help count and deport public school students and their parents.

Lionel Ramos
/
KOSU
The new administrative rule, protested by immigrants and supporters, is now pending approval by the state legislature and the governor.

Local educators and activists organized the protest. Fernando Baquera is a teacher in the Oklahoma City metro area. He said the protest was meant for public school students to safely express their stance on the new rule. Many are scared and confused, he said.

“I've had a student tell me, ‘Hey, I'm gonna be gone for a month and see where things are and see if I come back or not,’” Baquera said. “And I, as an educator, just have to say, ‘I understand. I get it, I'm going to miss you.'”

The sense of panic, Baquera says, comes from alleged ICE operations reported in the city, the education rules and proposed pieces of legislation targeting immigrants.

Update: Wednesday, Jan. 29 at 12:26 p.m.
Walters said after the meeting the rule would gather citizenship information from parents and students, though the wording in the rule remains unclear.


StateImpact Oklahoma is a partnership of Oklahoma’s public radio stations which relies on contributions from readers and listeners to fulfill its mission of public service to Oklahoma and beyond. Donate online.

Beth reports on education topics for StateImpact Oklahoma.
StateImpact Oklahoma reports on education, health, environment, and the intersection of government and everyday Oklahomans. It's a reporting project and collaboration of KGOU, KOSU, KWGS and KCCU, with broadcasts heard on NPR Member stations.
Lionel Ramos covers state government for a consortium of Oklahoma’s public radio stations. He is a graduate of Texas State University in San Marcos with a degree in English. He has covered race and equity, unemployment, housing, and veterans' issues.
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