No Undocumented Child Left Behind: Plyler v. Doe and the Education of Undocumented Schoolchildren

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NYU Press, Jan 1, 2012 - Law - 206 pages
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The 1982 U. S. Supreme Court case of Plyler v. Doe, which made it possible for undocumented children to enroll in Texas public schools, was a watershed moment for immigrant rights in the United States. The Court struck down both a state statute denying funding for education to undocumented children and a municipal school district's attempt to charge an annual $1,000 tuition fee for each undocumented student to compensate for the lost state funding. Yet while this case has not returned to the Supreme Court, it is frequently contested at the state and local level.

In No Undocumented Child Left Behind, Michael A. Olivas tells a fascinating history of the landmark case, examining how, 30 years later, Plyler v. Doe continues to suffer from implementation issues and requires additional litigation and vigilance to enforce the ruling. He takes a comprehensive look at the legal regime it established regarding the education of undocumented school children, moves up through its implementation, including direct and indirect attacks on it, and closes with the ongoing, highly charged debates over the Development, Relief, and Education for Minors (DREAM) Act, which aims to give conditional citizenship to undocumented college students who graduated from US high schools and have been in the country for at least five years.    Listen to Michael Olivas on WYPF 88.1 FM, as he takes a look back 30 years to the Supreme Court case that made it possible for undocumented children to enroll in public schools and the highly-charged political and legal battles that have ensued.  
 

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Contents

1 Why Plyler Matters
1
The Education of Undocumented Children and the Polity
7
3 The Implementation of Plyler v Doe
35
Doe Goes to College
63
The Discourse and the Danger or Why Plyler Should Have Been Decided on Preemption Grounds
87
Notes
105
Bibliography
159
Index
189
About the Author
193
Copyright

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About the author (2012)

Michael A. Olivas is William B. Bates Distinguished Chair in Law at the University of Houston Law Center and Director of the Institute for Higher Education Law and Governance at UH. His books include Colored Men And Hombres Aquí: Hernandez v. Texas and the Emergence of Mexican American Lawyering; The Law And Higher Education: Cases And Materials on Colleges in Court Third Edition; and Education Law Stories (with Ronna Greff Schneider).

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