SB 81 Bans Illegal Immigrants from Taking Adult Ed Classes

Aug 28, 2008 by Elizabeth Ziegler

(KCPW News) A legislative audit on the state's adult education program has uncovered a new twist to Senate Bill 81, the illegal immigration bill passed earlier this year. SB 81 doesn't go into effect until 2009, and many, including Speaker of the House of Representatives Greg Curtis and President John Valentine, suspect the controversial bill will be tied up in litigation.

"I perceive there will be litigation in regards to that, and so, any time we do anything with any meat, there's litigation in regard to it," Curtis says, followed by Valentine saying, "We're all enjoying Senate Bill 2's litigation right now, so that's why we're saying that."

The audit finds that if it is ultimately upheld in the courts, Senate Bill 81 will bar illegal immigrants from enrolling in adult education courses. They are currently eligible for the state-funded English language and high school equivalency program after they turn 16 and if they meet specific criteria.

The audit also revealed the Utah Office of Education does not know how many illegal immigrants are currently enrolled in the program. The audit recommends the state develop a policy for documenting legal residency in anticipation of SB 81. Associate State Superintendent Larry Shumway says the department will comply, regardless of the bill's future.

"It certainly is an issue that is undecided, but we intend to make sure that we have policy in place that is fully compliant with statute," Shumway says. "And we won't equivocate on that."

There is one glitch, though. Under current law, educators in the K-12 system cannot ask students 18 and under about their residency status. The adult education program enrolls students as young as 16, and it is unclear whether they can legally ask them to prove they're legal citizens of the U.S.

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