Prepared by Sharon Parker

Maggie L. Walker Governor’s School

LAW IN SOCIETY LESSON PLAN 2007:

OVERVIEW OF LESSON PLAN:

This lesson encourages students to examine and discuss the rights of citizens and noncitizens in a democratic society. Specifically, students will deliberate the question of whether state governments should allow immigrants who have entered the country illegally access to state-provided higher education, in-state tuition rates, and/or financial assistance. In the process, students will address fundamental questions for our democratic society about the difference between the rights of citizens and the rights of all people in a country.

VIRGINIA STANDARDS OF LEARNING:

GOVT.1The student will demonstrate mastery of the social studies skills citizenship requires, including the ability to

a)analyze primary and secondary source documents;

b)distinguish between relevant and irrelevant information;

c)evaluate information for accuracy, separating fact from opinion;

d)select and defend positions in writing, discussion and debate.

GOVT.3The student will demonstrate knowledge of the concepts of democracy by

a)recognizing the fundamental worth and dignity of the individual;

b)recognizing the necessity of compromise.

Oral Language

ENG 11.1 The student will make informative and persuasive presentations.

a)Gather and organize evidence to support a position.

b)Present evidence clearly and convincingly.

c)Support and defend ideas in public forums.

d)Use grammatically correct language, including vocabulary appropriate to the topic, audience and purpose.

ENG11.2 The student will analyze and evaluate informative and persuasive presentations.

a)Critique the accuracy, relevance and organization of evidence.

b)Critique the clarity and effectiveness of delivery.

Technology Research Tools

C/T 9-12.6The student will use technology to locate, evaluate and collect information from a variety of sources.

  • Integrate databases, spreadsheets, charts and tables to create reports(note: as it relates to this activity, students could collect statistical data on the number of illegal immigrants in Virginia and/or the U.S. and then create a chart to emphasize various points as deemed relevant to their arguments).
  • Use available technological tools to expand and enhance understanding of ideas and concepts.

OBJECTIVES:

Students will be able to:

  • Differentiate between rights enjoyed by all persons and privileges reserved for citizens in a democratic society.
  • Understand the importance of education in preparing young people to participate in a democracy.
  • Analyze and argue the reasons supporting or opposing government support of higher education of immigrants who have entered the country illegally.
  • Consider the importance of compromise.
  • Identify areas of agreement and disagreement among students.
  • Use sound judgment and reasoning to decide whether governments should extend support for higher education to immigrants who have entered the country illegally.
  • Reflect on the importance of debate when deciding issues in a democracy.

MATERIALS NEEDED:

Handout A – Law in Society Hypothetical

Handout B – Student Case Law Questions

Handout C – Points to consider

(copy of Plyler v. Doe)

(additional background info on the issue)

SAMPLE RESEARCH MATERIALS TO HELP STUDENTS UNDERTAKE RESEARCH:

See attached list of additional resources that teacher may provide to students.

College Tuition and Undocumented Immigrants (found at

 Policy – 2006 State Legislation Related to Immigration: Enacted and Vetoed October 31, 2006

  • Education – Immigration and College Admission (October 2004; Volume 5, Issue 3)

 Immigrant Policy: In-State Tuition and Unauthorized Immigrant Students (February 13, 2007)

ACTIVITIES/PROCEDURES:

Day One:

  1. Motivator: The teacher should ask the students the following question:
  1. Should state governments allow immigrants who have entered the country illegally access to state-provided higher education, in-state tuition rates and/or financial assistance?
  1. Without discussion at this point, take an informal poll asking students to respond “yes,” “no” or “undecided.” Record the results of the poll and save them to be used again at the end of the lesson.
  1. The teacher should then ask the following questions to open up a general discussion about the topic of education and illegal immigrants:
  1. Are there any circumstances under which illegal immigrants should be allowed access to state-provided higher education, in-state tuition rates, and/or financial assistance? (Allow time for students to think of their own examples and then provide the following question: Should the children of undocumented immigrants be barred from in-state tuition rates in Virginia’s colleges and universities?
  2. As a democracy, should our government extend support for higher education to illegal immigrants?)
  3. Does the fact that we are a democracy play a role in the arguments for or against access to state-provided higher education, etc.? Why or why not?
  4. Education is not a fundamental right protected by the U.S. Constitution. It is the responsibility of state governments. As such, does the Federal Government have a right to intervene?
  1. Allow students time to discuss, listing their responses on the board.
  1. The teacher should then introduce this lesson plan by providing an overview. Explain that the students will be researching and making a presentation to a panel on the topic of illegal immigrants and higher education in their home state. Explain that the students will be divided into four groups: (1) those against state-provided higher education; (2) those in favor of state-provided higher education; (3) those in favor of state-provided higher education under certain conditions; and (4) a panel that will hear all arguments. Obviously, regardless of which group a student is in, each group will need to consider all aspects of the issue while undertaking their research in order to be prepared to counter any arguments. Inform students that each presentation should be fifteen minutes in length. Also, the teacher should take into consideration the SOLs that might be applicable in undertaking research, writing and presenting in creating rubrics appropriate to your students.
  1. Handout hypothetical situation (Handout A) and conduct a directed reading with students. Allow time for students to comment and/or ask questions for clarification.
  1. Divide students into four groups, providing them with the following materials:
  1. Handout B – Educating Non-Citizens Reading (p. 2-7)(found at (this is designed to provide students with a reading on education in a democracy; obviously, other materials found by the teacher may be incorporated at this point).
  2. Handout C – Student case law worksheet (designed to help students understand the Plyler v. Doe case referenced in the hypothetical) (can also be used for other cases the teacher deems appropriate)
  3. Handout D – Points to consider for your argument
  1. Require students to read and study Handouts B, C and D in preparation for beginning their group work the next day.

Day 2 (or whatever amount of time fits your schedule)

  1. Allow class time for students to continue their research by working through Handouts B, C and D.
  2. Allow time for class discussion and/or for questions to be answered.

Days 3-4 (this will vary depending on your own school schedule and amount of class time)

  1. Provide students with library time to obtain other materials to conduct their research and prepare for presentation.
  2. Provide students with list of attached additional resource list to help in their research.

Days 5-6 (this will vary depending on your own school schedule and amount of class time)

  1. Allow each group five minutes to set up in their groups, review information, and prepare for presentation.
  2. Each group presents their arguments to the panel (fifteen minutes for each group).
  3. Once each group has made their presentation, the judging panel will need to consider all the arguments made and come prepared the next day to discuss.

Day 7

  1. The judging panel should be given time to ask questions to each group. Once this is complete, allow the panel ten minutes to make a final determination.
  2. Allow panel to present determination as to which group made the strongest argument and why.
  3. Debriefing: the teacher should re-poll the students and compare to the results of the poll taken on the first day of this activity. Allow time for students to recap the issues raised and whether their opinions had changed as a result of their research.
  4. As a final assessment, allow students to select one of the following:
  5. Write a letter to your State Senator outlining your position as to whether Virginia should allow illegal or undocumented immigrants access to higher education, in-state tuition rates, and/or financial assistance.
  6. Create an editorial cartoon that illustrates your opinion on this issue.
  7. Allow student to create their own final assessment with approval from teacher.

EVALUATION/ASSESSMENT:

Students will be evaluated on class participation during both the research and presentation phases.

Students will be evaluated on depth of research and use of factual evidence to support argument made in presentation.

Students will be evaluated on effectiveness of presentation.

Student Case Law Worksheet

Final Assessment Project

HANDOUT A

UNDOCUMENTED STUDENTS’ ADMISSION TO PUBLIC

UNIVERSITIES AND COLLEGES

Juan Martinez came to the United States from Mexico with his parents and younger brother when Juan was three years old. The four entered the country illegally and have remained here for fourteen years, never acquiring legal status. Juan also has a sister who was born just two months after they arrived. She is a U.S. citizen by birth.

Juan is now a junior in high school and would like to become a lawyer. He is by any measure a star student, with almost straight As and sure to graduate near the top of his class. He just took the Student Achievement Tests and scored in the 700s in each part. He also placed fourth in a statewide cross-country meet.

Juan’s father works for a landscaping company and his mother is a house cleaner. They each work as much as sixty hours a week, but they have saved little. Juan wants to go to a state university. He and his parents have calculated that if Juan works throughout college, they should be able to afford in-state tuition and costs. Juan’s parents refuse to apply for financial aid, as they fear that disclosing where they work will get them and their employers in trouble. Juan’s parents have always tried as best they can, given their situation, to obey the law, including paying taxes.

Almost thirty percent of the students in Juan’s high school are from families who came to this country from Central America. Some of these students, like Juan’s sister, are U.S. citizens, and others are here in some other legal status. It appears, however, that the majority of the foreign students are here illegally, though no one knows the exact number. Ten years ago, there were almost no foreign students in the school system. To accommodate the changing student population, the county school system has set up an English as a Second Language program and hired bilingual teachers, translators and staff members. The recent influx of foreign students has also expanded the school population, causing the school system to hire more teachers in all areas and to expand current facilities to create more classrooms. The school board estimates that these additional expenses total over $2 million annually in operating expenses and another $2 million in construction over the last two years for additional space. Many students with illegal status, while not as academically gifted as Juan, aspire to community and four-year colleges.

You have learned about Juan while doing research on a project assigned by your boss, a state senator who chairs a committee considering several bills that deal with whether undocumented students should be allowed to attend the state’s public universities. The U.S. Supreme Court ruled in a case(Plyler v. Doe)in 1982 that the U.S. Constitution forbids a state from denying a free primary or secondary school education to children who are illegally within its borders. The Court did not rule, however, on whether the Constitution extended its protection to state-provided higher education. Your state’s attorney general recently said that he believed that illegal and undocumented aliens should not be admitted into the state’s public universities and colleges. Supporters of this position point with concern to the amount of money public schools already spend to educate illegal aliens through high school. The state does not and should not have the burden of educating those who are here illegally, they say.

The state senate committee is now considering a range of bills: One would deny illegal aliens any access to state-provided higher education. Another would allow illegal aliens admission to state colleges and universities but deny them the benefit of in-state tuition and financial assistance. Foreign students would have to pay full out-of-state tuitions and costs. A third bill would allow admission only to illegal aliens who have been here for a certain number of years (for example, five) and whose families have paid taxes and not received any form of public or private assistance. Still another bill says that the state’s public higher education institutions should not consider an applicant’s legal status in admissions or financial aid decisions.

You have been asked to provide input: Recommend what the state’s policy should be, provide arguments for and against your position, and explain why you find the pro arguments persuasive. You can adopt the position suggested by one of the bills now under consideration or suggest an alternative position.

HANDOUT B – Student Case Law Questions

All groups should obtain a copy of the Plyler v. Doe case, read and answer the following questions:

  1. Who are the parties involved in the case?
  1. When was the decision on this case handed down by the Supreme Court of the United States? What is the role of the Supreme Court in this case?
  1. List the facts of the case.
  1. What are the major issues of the case?
  1. What did the lower courts decide and why?
  1. What was the final decision and on what grounds did the Supreme Court of the United States base its decision?
  1. Who delivered the opinion of the court?
  1. What amendments did the Supreme Court rely upon?
  1. Which Justices dissented (disagreed) and why?
  1. How has this case affected our society since it was decided by the Supreme Court?

HANDOUT C

Points to Consider

Arguments in Support:

  1. Education is a human right. Support for higher education for both citizens and noncitizens fulfills a basic need of every person in our democracy, especially in the Twenty-First century when many jobs require a college education.
  2. Democratic society depends on the education of every person. Since we cannot expect that every unauthorized noncitizen can be deported from our country, these undocumented young people will remain in our society. Educating them and allowing them a pathway to legal citizenship will allow them to become productive citizens who pay taxes.
  3. Children most often did not decide to enter the country illegally. This decision was made by their parents. Children should not be punished for what their parents do.
  4. Offering support for college education to law-abiding, unauthorized immigrant students is fair and in the best interests of the country. The best way to learn about being a citizen is to go to school. Providing unauthorized immigrant students with publicly funded education will encourage them to become full participants in our democratic society.
  5. Providing publicly funded higher education does not give unauthorized alien students any special privileges. It merely removes the barriers that currently prevent them from reaching their full potential.

Arguments to Oppose:

  1. Providing government support for college education for noncitizen youth is misguided. A central purpose of public education is to prepare young people for citizenship. It is foolish to spend public dollars educating people who are not citizens.
  2. Every country privileges citizens over noncitizens. In a democracy, citizens participate in the decisions of government and therefore receive special benefits such as the right to vote, to travel in and out of the country freely, and to receive public support for higher education.
  3. Government support for higher education is an allocation by citizens of limited public resources. Providing unauthorized alien students with a college education means less money for other programs that benefit legal immigrants and citizens.
  4. While children are not responsible for the decisions of their parents, our democracy is responsible for meeting only their basic human needs. Our democracy does not owe unauthorized immigrant children a college education.
  5. People should not be rewarded for illegal behavior. Providing government support for college education to unauthorized alien students will only encourage more families to enter our country illegally so that their children can benefit. Taxpaying citizens subsidize the education of people who broke the law.