Speech #980216118

Chairman. I rise to offer amendment No. 55 on behalf of the Committee on Education and Labor as provided for by the Rule. Section 301 of the bill creates a new section 245(A) of the Immigration and Nationality Act. This section denies newly legalized aliens eligibility for 5 years for "any program of financial assistance furnished under Federal law * * * on the basis of financial need. as such programs are identified by the Attorney General * * 0." (This section can be found on pages 9395 of the Committee Print.) The amendment which I am offering for the Education and Labor Committee clarifies the meaning of the phrase "program of financial assistance furnished under Federal law *** on the basis of financial need." The amendment makes it clear that this phrase should not be construed to apply with respect to eligibility to participate in the programs authorized under the National School Lunch Act. the Child Nutrition Act of 1966. the Vocational Education Act of 1963. chapter 1 of the Education Consolidation and Improvement Act. the Head StartFollow Through Act. the Job Training Partnership Act. the TRIO programs and the HEP/CAMP programs. There are three simple reasons why this amendment should be adopted: First. as a matter of national policy it would seem to be selfevident good sense to ensure that the children of the newly legalized aliens receive a full opportunity to be educated and trained so that they can become fully integrated and productive members of our Nation. To deny these children access to educational training and child nutrition programs would imply that it is sound national policy for these people to be malnourished. unskilled. and ignorant. That would obviously be an absurd policy. Second. the Supreme Court in its 1982 decision Plyler against Doe held that a Texas statute withholding funds from local school districts for the education of illegal alien children was unconstitutional as a violation of the equal protection clause of the 14th amendment. Thus. if the States and local school districts cannot deny public education to illegal alien children. they clearly cannot deny education to the children of the newly legalized aliens. Therefore the question is not whether these children will receive a public education. The question is whether they will receive a quality education and who will pay for it. Denying these children access to Federal education programs would mean that they would receive a lower quality education. which is clearly in no ones interest. It would also mean that the total cost of educating these children would be shouldered by the State and local school districts without the Federal Government paying a share. Obviously the Federal Government should pay a share for the education of these children because it is our national immigration policy. or lack thereof. that enables these children to be in this country. This amendment is needed to provide for a clarification of the intent of Congress the need for which has been recognized by the Department of Justice. When the Committee on Education and Labor considered legislation comparable to H.R. 1510 in the last Congress. it included in its report a statement thatThis legislation should not be interpreted as prohibiting any newly legalized aliens from participation in any programs authorized under the National School Lunch Act. the Child Nutrition Act of 1966. the Vocational Education Act of 1963. title I of the Elementary and Secondary Education Act of 1965 (or chapter 1 of the Education Consolidatior and Improvement Act). or the Job Training Partnership Act.