Counting undocumented Oklahoma students is illegal, Ryan Walters' former boss speaks out

Oklahoma State Superintendent Ryan Walters' former employer at Millwood Public Schools is now speaking out after his announcement to direct schools to count the cost of illegal immigration.

OKLAHOMA CITY (KFOR) — Oklahoma State Superintendent Ryan Walters' former employer at Millwood Public Schools is now speaking out after his announcement to direct schools to count the cost of illegal immigration.

"I don't want families out there fearful of doing just what they know to do, try to get what's best for their kid. I don't want that to stop," said Supt. of Millwood Schools Cecilia Robinson-Woods.

"We will step in and we will understand the cost to taxpayers," said Supt. Walters Wednesday.

Walters pointed to a "new report" that indicated there was a high cost of illegal immigration in public schools. He then claimed that districts have already talked about the impact, "both on large and small districts."

It's unknown if this "counting the cost" will involve physically counting the illegal students and/or families participating in Oklahoma schools. When asked, Dan Isett, Communications Director for the Oklahoma State Department of Education didn't answer any questions.

"I really do believe they're being put in an untenable position here and they're the bedrock for these students and their families and protect them in so many ways," said Legal Advisor for the American Immigration Council (AIC) Michelle Lapointe.

The AIC has spoken out several times in years past when states have tried to count the number of undocumented students at their schools. Several times, she said, it failed to become legal.

"And in fact, the 11th Circuit Court of Appeals, when it was considering the Alabama law, noted that it wasn't an outright bar on enrollment, it was asking parents and students about their immigration status," said Lapointe.

She said that in 2011 Alabama tried something similar and while it was struck down, it still affected the students.

It all falls back on a mid-1980s Supreme Court case called Plyler v. Doe. where Lapointe said that the court ruled, "the state cannot deny K-through-12 public education to undocumented children or they can't keep children out on the basis of their immigration status, that it's unconstitutional to do that."

"When the Alabama law briefly went into effect before the court struck it down, there was a tripling of the absentee rate of Latino students in the Alabama schools during that brief period because families were in fear and they kept their children literally home from school because they were afraid of the ramifications of this law," said Lapointe.

The attempt, she said, will only bring the state legal headaches and could end up hurting the schools and the families who attend them.

"Why are we doing this, I need to know," said Supt. Robinson-Woods. "I don't know what it costs, but I do know what the cost of ignorance is. I do know what the cost of people who don't know how to contribute to society is. I do know what the cost of a hungry child is. I do know those costs and those costs are far greater."

Walters worked at Millwood Public Schools starting in 2020.

KFOR reached out to every school district throughout Oklahoma County. The districts told KFOR that they would not follow the directive. Many said they would never count their undocumented students or families.

A school district may not ask about a child’s citizenship or immigration status to establish residency within the district. This goes back to Plyler v. Doe, a court case from 1982 where the Supreme Court ruled that citizenship as a requirement for school enrollment would be a violation of the Equal Protection Clause under the 14th Amendment. Since citizenship is a non-factor when it comes to enrollment, Deer Creek School District does not document or track that information, as it would violate the law.

Deer Creek Public Schools

Norman Public Schools does not currently collect citizenship documentation, nor do we plan to begin requesting documentation of U.S. citizenship.

Norman Public Schools

I’m not sure what the guidance will be but at the end if the day we want to be prepared to educate whoever walks thru the door no matter their background or status.

Coyle Public Schools

It has not been our practice to ask students about their immigration status. Doing so would violate federal law. Our goal is for Mid-Del to have inclusive and welcoming schools all across our district.

Mid-Del Public Schools

OKCPS schools are a safe and welcoming place for all students. OKCPS does not, nor do we have plans to, collect the immigration status of our students or their families. All children deserve access to a quality education, and we look forward to welcoming our more than 33,000 students back to school on Tuesday, August 13.

Oklahoma City Public Schools

Hello, Dylan. Moore Public Schools does not currently, nor do we plan to begin requesting documentation of U.S. citizenship.

Moore Public Schools

EPS has not received any information or guidance from the State Department on that topic.

Edmond Public Schools

Moore Public Schools does not currently, nor do we plan to begin requesting documentation of U.S. citizenship.

Moore Public Schools

The Oklahoma Attorney General's Office said there is nothing in state law that prevents Walters' suggested count, “Attorney General Drummond has been very vocal about the high cost of illegal immigration borne by Oklahoma taxpayers and throughout the nation. The Biden Administration’s failure to secure the border has a tremendously negative impact on Oklahoma, including our schools.”

However when the AG's Office was asked, what about federally? It is illegal if he does it then, right? KFOR did not hear back.

Supt. Walters lashed out at previous superintendents who did not agree with him. Are you scared about that at all? What he might say/do?

"As a leader. I feel like it's my obligation if I feel like it's going to directly impact families," said Supt. Robinson-Woods.

What would you like to say to the families who do have a concern about sending their kids to school this upcoming year who might be concerned?

"I would say if you are a family who is currently undocumented, that your child's school will still welcome you in the same manner that they welcomed you before that we are open for service. You are welcome here. You belong here. And just like in the past, I don't believe that anything that the state superintendent has said should imply that they're not welcome here," said Supt. Robinson-Woods.

OSDE did not respond to KFOR Friday.