Bill lets schools check immigration

[Derechos]

ICHMOND

--When a Fredericksburg city councilman wanted to know where the city schools' new students were coming from--and whether they were illegal immigrants--school officials said they weren't allowed to ask if the students were here legally.

They could in the future, under a bill from Del. Todd Gilbert, R-Woodstock.

Gilbert's bill would require whomever enrolls students in schools to indicate the citizenship status of that child's parents.

The students would still be welcome at schools even if they're illegal immigrants--the law requires schools to educate all students.

But asking the question, Gilbert said, would help localities keep track of how many students are here illegally and how much it costs to educate them.

"It doesn't do anything but count heads," Gilbert said yesterday. "We should at least be allowed to assess how much it's costing Virginia taxpayers to bear the brunt of a broken system."

The bill would require schools to report their tally of illegal immigrant students to the state Secretary of Education, and require the secretary to then compile an annual report for the governor and General Assembly.

Gilbert said Division of Legislative Services staffers have warned him his bill might not be constitutional. He said he knows that schools don't currently ask about immigration status, because of the belief that "it may place a chilling effect on the desire of these particular parents to enroll their child in school."

http://fredericksburg.com/News/FLS/2011/012011/01132011/600435