In 1996 the exclusion of undocumented children from public schools was proposed by the U.S. Congress in the Gallegy amendment to the Illegal Immigration Reform and Immigrant Responsibility Act, but it was omitted in the final bill. The education provisions of Proposition 187 were found unconstitutional because they so blatantly contradicted Plyler v. Doe. The 1982 U.S. Supreme Court ruling Plyler v. Doe stands as the federal law regarding the admission of undocumented children to public schools. Plyler guarantees undocumented children the right to a free public education. The Court believed that denying undocumented children access to education unfairly punished the children for their parents' undocumented status.
Many families are understandably fearful of completing forms such as vaccination records.
They know their residency in this country is precarious and are generally unclear about how U.S. institutions function. For example, the free-lunch application requests Social Security numbers but does not require them. Indeed, the completion of enrollment forms can dissuade many parents from enrolling their children in school in the first place. Firm leadership and clearly stated rules are required in an arena of such simultaneous controversy and clearly articulated legal principles. Disparity refers to the imposition of different rules according to individual or group characteristics.