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  1. #1
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    May 2009
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    2

    Default Legailty of Birth Certificate Requirement to Enroll in Public School

    My question involves education law in the State of: Virginia

    I have a child that currently attends middle school in Virginia. Next [ school ] year, the child will transfer to high school.

    I recently received a letter in the mail that states:

    Beginning with the new school year in September 2009, the state of Virginia required that when new students are enrolled and entered into school data bases, students names must be entered exactly as listed on his/her birth certificate thus helping to eliminate duplication of students and incorrect documentation of student data. As your child was enrolled before this new mandate we are asking that you please bring us your child's original birth certificate, by May 29, so we can verify information in his/her file and ensure our records are absolutely correct before we send your child's cumulative file to the high school at the end of the year.
    I had doubts about this requirement and researched on my own whether state law contained this requirement...I found that the Virginia Legislature, indeed, passed a law during the 2007 legislative session that does require a birth certificate be presented for various reasons.

    I spoke with the school administrator who explained the reasons for requesting the birth certificate were to ensure that student records were accurate throughout their enrollment in public schools. The administrator went on to say that if I were unwilling to provide the birth certificate, that the Superintendent of the school system would not pursue it any further. This seems contrary to what the Code of Virginia allowed for.

    Obviously, according to state law, I am required to provide the birth certificate to the school system. However, I question the intent and motive behind the code. Is it constitutionally permitted for the Commonwealth of Virginia to have this requirement? It almost seems to be an invasion of privacy...or maybe even that the Commonwealth doesn't trust the citizens to accurately enroll their children into the public school system.

  2. #2
    Join Date
    Jan 2008
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    1,948

    Question Re: Legailty of Birth Certificate Requirement to Enroll in Public School (Virginia)

    It seems as if the intent and motive is so that students names are entered exactly as listed on his/her birth certificate thus helping to eliminate duplication of students and incorrect documentation of student data.

    What do you think the intent and motive could be

  3. #3
    Join Date
    May 2009
    Posts
    2

    Default Re: Legailty of Birth Certificate Requirement to Enroll in Public School (Virginia)

    The larger overall question I have is does the Commonwealth have the constitutional authority to make a requirement such as this? If so, that's the question I would like further elaboration on.

  4. #4
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    3,692

    Default Re: Legailty of Birth Certificate Requirement to Enroll in Public School (Virginia)

    Unless you have lied to the school and/or your children about their identity, who cares that they want their birth certificate to ensure they are and you are who you say you are.

    I needed my child's BC to enroll him in school. I didn't care. There was nothing on it that can't be accessed on the internet anyway.
    If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.

  5. #5

    Default Re: Legailty of Birth Certificate Requirement to Enroll in Public School (Virginia)

    Quote Quoting ksh
    View Post
    The larger overall question I have is does the Commonwealth have the constitutional authority to make a requirement such as this? If so, that's the question I would like further elaboration on.

    The School Board does, as part of their process to ensure accurate and timely administration - at least until and unless it's struck down by the courts. But there's almost no way to get into ANY school system in ANY state without at some point producting said certificate - so if their ability to request it is still functioning, given the millions of enrollments each year, it's a better than average shot that the process has already survived multiple challenges.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  6. #6
    Join Date
    Jun 2007
    Posts
    636

    Default Re: Legailty of Birth Certificate Requirement to Enroll in Public School (Virginia)

    I see this being a problem. If the mother/child are enrolled in wit sec or they are a wit sec case. The original BC could release the actual indenty of them. Thus putting them in harms way.

    I would hope that the law or school would have some type of provissions to deal with such a thing like this.

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