Great information from the ECT guys, they do know their way around the public education system here in Colorado.
"by the local Truant Officer, pay attention Ms. Funk":
"You really should understand this Public School Funding process.
How does the State of Colorado (Eagle County) Fund Public Schools?
Each year the Colorado State Legislature sets a (per public school student) rate at which Colorado Public Schools get their Funding.
That money comes from 2 Primary Funding Sources.
First, In Eagle County’s case your Eagle County Property Tax Bill – item – “RE50J School Dist, 015 -” and it’s associated Property Tax Levy that’s printed on your annual Property Tax bill.
Second, the State of Colorado.
Eagle County’s Treasurer’s Office is (statutorily) required to U.S. Mail you, your Property Tax bill – and collect that money. Some of us pay our annual Property Taxes by writing the check, others have their home Mortgage company write that check on your behalf.
KNOW THIS: Every single penny of the Property Taxes collected in Eagle County by the County Treasurer (under the RE50J School Dist, 015) heading is handed over by the County Treasurer 100% to the Eagle County School District. Our Eagle County School District harvests MILLIONS in Property Taxes each year – and does NOT give one dime of that money, back to the State of Colorado! What Property Taxes for Education that are collected in each State School District – stays in that School District.
Here is where Public School Funding in the Colorado gets a bit tricky because of the State Funding laws on the books….Example..."
(Read more? Learn more? Click title. Comment to discuss)
6 comments:
Nanny - this Public School Funding story was a lot of work. Turn out the same Funding Rules/State Statues that apply in our County APPLY to every other County in Colorado!
This is a 'must-read' for anyone interested in how our Colorado Public Schools are funded!
It was worth the effort, Clayton. Beautiful job!
I can tell you that SandBox recently picked up being followed by Eagle County School Dist. on Twitter and that we are followed closely in RE-1 on any post we do on the district happenings.
There seems to be a great deal of appreciation for the deeper insights into items purchased, where the money goes and how it all works that you all provide from the Eagle County Times. TYVM!
My apologies, but my comment will need to be broken out into multiple posts, it goes way beyond the 4,000 character limit.
"I think this is of huge importance-and well worth the read--
In a nutshell, the National School Boards Association (NSBA) and The National Education Association (NEA ) put out together a publication titled "Legal Issues for School Districts Related to the Education of Undocumented Children'' and in it, you will see that even they do not specifically state schools cannot ask for information, re Feee/reduced lunch, "Specials"etc. They use the words "probably" a lot, and give no definitive answers legally and they point out a lack of court rulings as well.
Maybe it is time to force a courts review on several Plyler-based issues due to the high costs of education for non-citizens and our poor economy?
I will also point out that this publication does specifically state the following under question # 12. What behaviors does Immigration and Customs Enforcement consider “harboring” in relation to school employees assisting undocumented students and parents?
(Their answer in part): School employees should be cautious about assisting parents in remaining in the U.S. illegally, particularly during an ICE enforcement action. (and) The statute extends the prohibition against harboring to “any place,” which is intended to be broadly inclusive.75 Thus, schools could constitute locations where persons may be found to be harboring illegal aliens.
Under question #3. Are undocumented students permitted or required to receive services that other students receive from school districts and other local government agencies?
(Their answer in part): Probably required. As with extracurricular activities, determining whether a school district or other local government agency is required to provide such services to undocumented students requires evaluating how central the services are to the child’s educational experience
And under question # 4. Can school districts ask questions about immigration status to determine if a student is a resident of the district?
(Their answer in part): To date, no federal court has directly ruled on the issue of whether school districts can ask students about their immigration status. (and) The statute extends the prohibition against harboring to “any place,” which is intended to be broadly inclusive. Thus, schools could constitute locations where persons may be found to be harboring illegal aliens. (and) During an ICE enforcement action, school employees should not assist parents in remaining in the U.S. illegally" (cont)
cont:
"Legal Issues for School Districts Related to the Education of Undocumented Children
A joint publication of The National School Boards Association (NSBA) and The National Education Association (NEA)
This publication does not offer legal advice. When faced with a question
regarding the legal rights of undocumented or foreign students in school,
school districts should seek the advice of their school attorney.
Copyright © 2009 National School Boards Association.
http://www.nsba.org/SchoolLaw/COSA/Search/AllCOSAdocuments/Undocumented-Children.pdf
2. Does an undocumented child’s right to an education include secondary benefits of public education like participating in extracurricular activities?
Probably. As discussed in the first question, a court faced with this question must determine whether the denial of access to a particular activity: (1) impedes the education of undocumented students; and (2) accomplishes a substantial state goal.
3. Are undocumented students permitted or required to receive services that other students receive from school districts and other local government agencies?
Probably required. Students may receive a number of secondary services at school such as transportation to and from school, health care treatment from the school nurse or a school-based health center, and free or reduced-cost meals. Likewise, some students receive specialized educational programs to manage learning disabilities, counseling, or other psychological services. As with extracurricular activities, determining whether a school district or other local government agency is required to provide such services to undocumented students requires evaluating how central the services are to the child’s educational experience and whether a substantial state interest is served by denying the benefit.
4. Can school districts ask questions about immigration status to determine if a student is a resident of the district?
Probably not. States typically require that to attend a particular public school district tuition-free a student must be a resident of that district...To date, no federal court has directly ruled on the issue of whether school districts can ask students about
their immigration status.Some states direct school districts to accept in-district utility bills and/or leases as evidence that the student resides in the district
No federal law requires school districts to report undocumented students to
immigration authorities and arguably school districts are prohibited from reporting
them by Plyler. Even if reporting the student does not actually lead to a denial of access to school, reporting undocumented students would undoubtedly have a “chilling” effect on the right to access education. Practically speaking, it may drive
parents of undocumented students to pull their children out of school indefinitely.28 While this is a less settled interpretation of Plyler, it suggests that school districts should be wary of voluntarily reporting undocumented students to immigration authorities..." (cont)
cont:
"12. What behaviors does Immigration and Customs Enforcement consider “harboring” in relation to school employees assisting undocumented students and parents?
During an ICE enforcement action, school employees should not assist parents in remaining in the U.S. illegally, but may offer care-giving assistance to undocumented students whose parents have been detained by ICE. Federal law prohibits any person from intentionally concealing, harboring, or shielding an illegal alien from detection, where the alien’s illegal immigration status is known.71 It is also against federal law to conspire, aid, or abet such acts.72 Moreover, it is a crime to harbor an alien who
entered the U.S. legally, but whose continued presence in the U.S. is now unlawful.73 “Harboring” includes any conduct tending substantially to facilitate an alien’s remaining in the U.S. illegally.74 The statute extends the prohibition against harboring to “any place,” which is intended to be broadly inclusive.75 Thus, schools could constitute locations where persons may be found to be harboring illegal aliens. An argument could be made that schools may be technically harboring illegal aliens by taking
custody of undocumented children during the school day. However, ICE has never brought an action against a school district for harboring illegal aliens and is unlikely to do so. Instead, simply taking custody of undocumented students and educating them falls within Plyler’s constitutional protections. School employees should be cautious about assisting parents in remaining in the U.S. illegally, particularly during an ICE enforcement action. For example, if a school employee calls parents to warn them about an impending enforcement action at their workplace, such actions likely fall outside of Plyler’s protections because they go beyond simply providing an education for all students. Nevertheless, offering to undocumented students whose
parents have been detained in an ICE enforcement action care-giving assistance, such as a ride to a relative’s home or place to stay until a parent is able to pick up the child, is not considered harboring.
Does a school district have to allow Immigration and Customs Enforcement agents to interview students at school?
In some circumstances, a school district may have to allow ICE agents to interview students at school, but ICE’s policy is to generally avoid enforcement actions on school grounds. The Immigration and Naturalization Act (INA) explicitly allows immigration agents to question a person believed to be an alien “about his or her right to remain in the United States.”61
While the INA appears to be enforceable on school grounds, in 1993 the Immigration and Naturalization Service (INS)62 stated its policy is “to attempt to avoid apprehension of persons and to tightly control investigative operations on the premises of schools . . . .”
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Students can study in the U.S. under a number of visa categories including: F-1,30 J-1,31 M-1,32 and M-3.33 B-2 visas, issued to individuals visiting for pleasure, do not allow their bearers to enroll in school or a course of study.
Nevertheless, children with B-2 visas have been known to enroll in school.
B-2 visa bearers are attempting to attend school in the U.S. despite the fact that their visas prohibit attendance
in public school. B-2 visas, issued to individuals visiting for pleasure."
Really knocks Brendan Greene and CIRC's position all to heck, doesn't it?
Concur, anonymous. This is a huge problem and the worst part is we have no way of knowing how much of a drain it is on all agencies and taxpayers because we have no way of tracking it.
I say start with the school district superintendents and boards. They can easily do an initial major sweep to see if we're obeying existing laws. Clean up if we're not and then implement a checks and balances system.
Our SRO's should never again be put in the position Agon ended up in. That's a contractual arrangement between our PD's and our school districts. The question of liability should fall where the duty to make sure the law is being met is at.
Can't have this both ways, folks.
Illegal is illegal and we're a nation of law.
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