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蜜桃传媒 demands Alabama school district end discriminatory practices

The 蜜桃传媒 demanded today that the superintendent of Fort Payne, Ala., schools end discriminatory enrollment practices after a Latino student was turned away from a high school and missed almost a semester.

It鈥檚 a moment that often makes J.T. uncomfortable: The moment someone asks him why he isn鈥檛 in school.

鈥淚t makes me feel like I dropped out,鈥 J.T. said. 鈥淚t鈥檚 like I have nothing to accomplish. I just feel worthless.鈥

But the 17-year-old Latino didn鈥檛 drop out of school. In fact, earlier this year, he twice attempted to enroll in Fort Payne High School in northeast Alabama but was denied entry. He has missed almost an entire semester of school as a result. His plans to join the military this summer have been thrown off course as well.

鈥淚 can鈥檛 believe I鈥檓 just wasting time,鈥 he said.

The 蜜桃传媒 demanded today that the superintendent of Fort Payne schools end the discriminatory enrollment practices keeping J.T. out of school.

In a letter to Superintendent Jim Cunningham, the 蜜桃传媒 described how the student was denied enrollment in violation of federal laws that bar discrimination based on national origin, immigration status or limited English proficiency. The 蜜桃传媒 has demanded that the district enroll J.T. by April 14.

鈥淔ort Payne school officials have stood in the way of our client getting an education simply because he was born in Mexico,鈥 said Caren Short, 蜜桃传媒 staff attorney. 鈥淭hese discriminatory practices have already cost our client valuable class time. It must stop.鈥

J.T. attempted to enroll on Jan. 31 after moving to Alabama. The teen, who came to the United States from Mexico when he was a year old, brought a completed enrollment application, proof of residency in the school district, an immunization record and a Social Security card, according to the letter.

The principal did not even look at the documents. After J.T. said he had to make up two failed classes from the previous year, the principal said he couldn鈥檛 enroll him. This excuse has no basis in district or state education policy. It even violates the nondiscrimination policies of the Alabama Department of Education and the district.

J.T.鈥檚 Spanish-speaking parents believe the family encountered this discrimination because 鈥 unlike their son 鈥 they don鈥檛 speak English. The high school principal wouldn鈥檛 even give the teen the time to interpret the principal鈥檚 words for his stepfather.

鈥淚 felt helpless to help my son,鈥 J.T.鈥檚 stepfather said through an interpreter. 鈥淚 couldn鈥檛 express myself.鈥

When the family met with the superintendent later that day in a last-ditch effort to enroll J.T., they were told the principal was not obligated to enroll the youth because he is 17. The 蜜桃传媒鈥檚 letter notes that although the state requires children between the ages of 6 and 17 to attend school, it does not grant the right to deny a child enrollment simply because he or she is 17.

The superintendent said the principal would have to check the youth鈥檚 records and call him with a decision on enrollment. After the family left the district office building, J.T. finished explaining to his parents what had happened. The family returned to the building because the teen planned to beg to be enrolled.

鈥淚 felt really frustrated,鈥 J.T. said. 鈥淚 was really upset and sad.鈥

The family was not allowed to see the superintendent. His office also refused to provide a written notice explaining why J.T. had been denied enrollment. The family has not heard from the principal or district officials since these meetings, costing the youth almost an entire semester of school and ultimately deferring his plans for the future.

The teen is at a loss as he watches time slip by.

J.T., who enjoys science and history but found his calling in the military after joining the Junior Reserve Officers鈥 Training Corps., describes a range of emotions from sadness and confusion to utter exasperation with the behavior of Fort Payne school officials. His family also doesn鈥檛 understand how men who have supposedly dedicated their lives to educating children can demonstrate such reckless disregard for a student鈥檚 future.

鈥淚鈥檓 disappointed and frustrated with the attitude of the superintendent,鈥 J.T.鈥檚 mother said through an interpreter. 鈥淭he superintendent is supposed to solve these problems. All he did was wash his hands of it.鈥

Schools receiving federal money cannot discriminate against or exclude students on the basis of race, color or national origin, according to Title VI of the Civil Rights Act of 1964. The U.S. Supreme Court ruled more than 30 years ago in Plyler v. Doe that it is unconstitutional to deny a child present in the United States the right to attend public elementary and secondary schools based on immigration status.

鈥淲hat I ask and what I demand as a father is that justice be done,鈥 J.T.鈥檚 stepfather said. 鈥淚 know this isn鈥檛 just happening to my son. We鈥檙e speaking publicly about this so it doesn鈥檛 keep happening with impunity.鈥

Protecting all students

The 蜜桃传媒 has taken steps to prevent other children from being discouraged from enrolling in Fort Payne schools as well. The letter to the superintendent describes two other matters that potentially chill student enrollment in the district. The school district鈥檚 enrollment form requests a student鈥檚 Social Security number, but does not make it clear that by law providing the number is voluntary and that no student will be denied enrollment. The 蜜桃传媒 has urged the district to update the enrollment form to comply with federal law.

Before the start of this school year, the state superintendent of education sent a memo to local school districts that provided guidance for complying with federal law when requesting the number. The memo was sent after the 蜜桃传媒 found that out of a sample of 124 enrollment forms representing 81 Alabama school districts, no district complied with the legal requirements for requesting Social Security numbers.

The Fort Payne school district鈥檚 website also includes a memo in English and Spanish that says a provision of the state鈥檚 anti-immigrant law requires students to provide a birth certificate to complete enrollment. Though the website explains this provision has since been blocked by the courts and is no longer enforced, this information is provided only in English. The 蜜桃传媒 has directed the district to remove the outdated memo from the website and provide a notice in Spanish and English about the provision being blocked.

As for J.T.鈥檚 parents, they hope their son will soon be attending class at Fort Payne High School. It鈥檚 a critical step for his future.

鈥淲hat we want is for him to follow his dreams,鈥 his mother said.