The longstanding precedent guaranteeing access to public education for all children is facing renewed scrutiny. This week, the U.S. House Judiciary Subcommittee on the Constitution and Limited Government held a hearing examining the Plyler v. Doe (1982) decision, as several states advance policies aimed at restricting school enrollment for undocumented students.
Public Education for All Children at a Crossroads
For more than four decades, Plyler has affirmed that states cannot deny children access to public education based on immigration status, grounding this protection in the Equal Protection Clause of the Fourteenth Amendment. While the ruling does not establish public education as a fundamental right, it requires states to show a necessary government interest before denying access–an argument opponents now challenge, claiming that the Equal Protection Clause does not extend to undocumented children.
Critics of the Plyler ruling argue that educating undocumented children creates a financial burden for states. However, available data suggests that undocumented students only make up one percent of the K-12 population, and their families contribute to all streams of school revenue through local, state, and federal taxes. Claims that English learner services significantly drive costs are also often overstated, as the majority of students receiving these services are U.S.-born and schools are legally required to meet their needs.
Plyler is both a constitutional safeguard and a practical policy that strengthens school systems. Research indicates that access to education leads to improved long-term, individual and society-wide economic and social outcomes, including workforce development and community stability. Overturning Plyler would set a dangerous precedent for excluding other vulnerable groups–echoing past arguments used to deny education to students with disabilities or those experiencing housing insecurity prior to laws like the Individuals with Disabilities Education Act or McKenney-Vento Act–and pave the way for a slippery slope.
Policies that limit access to public education not only have direct ramifications for children, but also contribute to broader disinvestment in public schools as a public good, potentially undermining the long-term societal and economic benefits they provide. As debate over this issue moves forward, engagement from policymakers will be critical in shaping how access to public education is defined and protected. Constituents may wish to share their perspectives with North Carolina members of the U.S. House Committee of the Judiciary, including Mark Harris, Deborah Ross, and Brad Knott.
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