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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Thursday, October 06, 2011

Alabama Immigration Law 'Scary' for Students

USA Today: Montgomery Public Schools' officials said the state's new immigration law already is having a significant impact on the system with the potential to cost students valuable class time and the

"It's scary for our children," Superintendent Barbara Thompson said. "Obviously, you don't want kids not in school at the beginning of our school year when you have instruction that's important. We want all of our kids to be able to learn."

Schools officials said within the past several days there have been an unusually high number of absences for Hispanic students. Montgomery Public Schools spokesman Tom Salter said 231 Hispanic students were absent Thursday, 116 on Friday and 102 on Monday. The system has 1,157 Hispanic students.

Salter also noted that the system's typical absentee rate is about 4 percent. The absentee rate for Hispanic students in the past three days exceeds that.

In neighboring Elmore and Autauga counties, officials said the law has had a minimal impact.

In Autauga County, Superintendent Greg Faulkner said there were about 12 families with absent students Friday likely due to the law. In Elmore County, Superintendent Jeff Langham said seven students were absent Friday and 10 students have withdrawn, likely as a result of the law's implementation.

All the tri-county area school systems have attempted to reach out to Hispanic families and assure them students are safe. In Montgomery, staff has tried to contact parents, such as sending out phone messages in Spanish.

The state's tough immigration law, which has garnered national attention in recent weeks, only affects new students enrolling in schools. School started in August, so many students already had enrolled and the law's provisions will not affect them.

But any student enrolling after Sept. 29 must provide a birth certificate. If students cannot provide a birth certificate or the birth certificate lists another country as the place of birth, students must provide additional documentation, such as a signed affidavit or green card within 30 days. If they do not, that information will be recorded in the statewide student management system. Students at no time can be denied enrollment or admission.

Opponents of the law have said while students cannot be denied an education, the legislation can deter parents from sending their children to school for fear students could be questioned or parents detained.

An incident described in U.S. District Court on Monday was used as an example of how the law potentially could have unintended consequences for students. According to the affidavit, a Montgomery Public Schools' teacher asked a fourth-grader whether she was a legal resident and later asked about the immigration status of the girl's parents.

Salter, who noted the Alabama Department of Education has shared information on the law with system officials and principals, said the system cannot comment on an accusation "made by an unknown person at an unknown school to an unknown student."

What the system is hearing from families, Salter said, is that it's not the law's provisions pertaining to schools that's been the issue.

"It's all the rest of it that makes them afraid," he said. "Many of our students who are legal, who are U.S. citizens, that's not the problem. Their parents might not be legal."

Thompson said one of the system's English Language Learning specialists told her families were not leaving the house because of the law -- not to going to the grocery store or work -- because they believe they are going to be picked up.

"There's a lot of distrust and fear," she said.

While the law poses potential negative consequences for students who can't get to class, Thompson also said it could impact the already cash-strapped school system and possibly affect schools' standing when it comes to Adequate Yearly Progress, a federal accountability measure for schools.

The school system receives some funds from the state based on enrollment. That official enrollment number used to calculate funding is an average of enrollment for the first 20 days of class, and that time period ended Monday.

Thompson said the system stands to lose money if absent students withdraw. Also, if absent students don't show up in time for testing, the system could fail to meet participation requirements needed to make Adequate Yearly Progress.

Even without a possible loss of funds or AYP status, those who work with immigrant students said the law already is affecting children.

Lizzette Farsinejad, who is an MPS education specialist for the undeserved population that includes English as a second language learners, said parents are fearful. Currently, 40 students have withdrawn from the system and she attributes that to the immigration law.

"It is having an impact on children. Many have come to school fearful, many have cried," she said. "A lot don't understand why they are having to leave since they were born in the U.S."

A majority of students, Farsinejad said, are citizens, but it's their parents who might not be.

"The concern is what's going to happen to their children," she said.

Farsinejad said she wonders what will happen to the students who leave.

She said they might go back to their parent's home country and attend school elsewhere, but the caliber of education won't be the same.

"All they want is to have a better life for their children and better education for their children," she said.

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