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Not allowing nonresidents’ kids from public schools illegal—PSS
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Posted on Oct 31 2005
Not allowing children of nonresident workers to enroll in the Commonwealth’s public schools is against the law, according to an official of the Public School System, in reaction to a proposal by Sen. Thomas P. Villagomez during a recent debate.
PSS associate commissioner for administrative services David M. Borja said the issue of allowing children of nonresidents to enroll in public schools “is actually subject to the parents of the students meeting the residency requirements.”
Villagomez had issued the proposal during the Saipan Chamber of Commerce-sponsored senatorial debate when asked on what steps he would introduce to improve the quality of education in the CNMI.
Borja said if a nonresident worker resides in the CNMI, his or her child also resides in the CNMI. He said he could compare the issue to what is happening with Mexicans in California.
“Even though they’re illegally staying in the state, they have physical domicile, so [the U.S.] provides them public education,” he said.
Borja showed Saipan Tribune the PSS regulations on “Admission and Withdrawal: Admission of Resident Students.” Borja said the proof of residency requirement is very simple: All students five to 21 years of age who reside within the boundaries of the CNMI may attend PSS schools, free of tuition.
“In order to ‘reside’ within the CNMI, the student must be physically domiciled within the boundaries of the CNMI,” the regulations said, adding that the domicile of the minor student is generally the domicile of the student’s parent or guardian.
Parents or guardians will be required to sign a “Proof of Residency” form at the time of enrollment. The regulations also states that if the education commissioner has reason to suspect that the admission of a student will create an immediate danger to the safety of others, a hearing will be convened within three working days of the request to register.
In his opinion, Borja said he is hoping that the legal counsel of the Legislature would provide lawmakers a correct opinion of the issue.
