The Protecting Legally-Present Youngsters Limited Educational Resources Act establishes that students who are not U.S. citizens or legal immigrants must pay tuition to attend public schools in New Jersey. The bill introduces provisions requiring school boards to verify a child's citizenship or legal immigration status prior to enrollment. If a child cannot provide the necessary documentation, they may still be admitted but must pay an annual tuition fee, which will be no less than $1,000 and not exceed the actual cost per pupil. Additionally, school boards are mandated to report the number of students paying tuition and the total tuition collected each year.
This legislation also challenges the Supreme Court's Plyler v. Doe decision, which allowed access to free public education for illegal alien children, arguing that it undermines state authority and imposes financial burdens on taxpayers. The bill asserts that the Tenth Amendment reserves the power to regulate education to the states and aims to reallocate public funds to benefit U.S. citizens and legal residents. It amends existing laws to clarify that enrollment conditions based on immigration status are permissible, thereby allowing for the exclusion of students who do not meet the new requirements.
Statutes affected: Introduced: 18A:7E-3, 18A:38-1.3