Summary:

Under HB 347, the requirement for parents to provide the birth certificate of their children for public school registration will be removed. Instead, they will simply need to provide proof of age or date of birth.

Analysis:

While this bill does not go against current law in any way, one must watch it. The United States Supreme Court ruled in Plyler v. Doe (1982) that schools cannot deny access to education based on immigration status.

Whether this bill is lawful is not up for question. However, one must question not only the actual intent, but also the potentially unintended consequences. The intent is likely towards minors that are immigrants, removing any potential barriers from their ability to access education. However, immigrant children are already allowed to access education, even if their parents’ status is unsure. What HB 347 will do, however, is make it easier for children being trafficked to hide in plain sight. Their traffickers will not have to worry about trying to prove their guardianship of these children. While this bill changes very little in Delaware everyday life, it still raises questions. That is, Does this bill seek to solve an actual issue? In seeking to promote an agenda, will other children be harmed in the process?  

Identification markers such as Birth Certificates and Social Security Numbers are built in security measure to make sure a person is who they say they are; for minors, it is more about showing the adult accompanying them has rights to make decisions on behalf of the child. Multiple means of identification are quite a standard requirement for a number of everyday instances, requiring it in education is not unreasonable or burdensome ask.

This is a bill to watch.