VIA FAX & EMAIL: February 14, 2013 The Honorable Arne Duncan Secretary U.S.

Department of Education 400 Maryland Avenue SW Washington, DC 20202 The Honorable Eric Holder Attorney General U.S. Department of Justice 950 Pennsylvania Avenue NW Washington, DC 20530 RE: Public School Residency Laws Dear Attorney General Eric Holder: We, the undersigned, write to express concern over the criminal prosecution of parents due to school residency laws inhibiting parental choice in the public education system. The Connecticut Parents Union is a member of a national coalition to decriminalize school residency laws. We formed the coalition to address and advocate for the increased number of parents being arrested and prosecuted for enrolling their children in safe and high quality schools outside of their neighborhoods when safe and high quality school options are not available where they live. The matter of Due Process and Equal Protection, as stipulated in the 14th Amendment, requires a review and determination from the Office of Civil Rights, U.S. Department of Education, as it relates to cases such as Mr. Hamlet and Mrs. Olesia Garcia of Philadelphia, Ms. Kelley Williams-Bolar of Ohio and Ms. Marie Menard of Connecticut, just to name a few parents charged with educational theft. As a result, we request that the US Department of Education Office of Civil Rights review and respond to this matter concerning two areas of federal law: A. EQUAL PROTECTION 42 U. S. C. 1983 (As to Montgomery County School District) Rationale: 1. By instituting criminal charges against Mr. and Mrs. Garcia when other similarly situated persons were not prosecuted, the Montgomery County School District has violated Mr. and Mrs. Garcia's right to the equal protection of the laws.
PO Box 3004 - Meriden, Connecticut 06451 Website: www.ctparentsunion.org Tel: 203.443.3203

U.S. Department of Education Office for Civil Rights Lyndon Baines Johnson Department of Education Bldg 400 Maryland Avenue SW Washington, DC 20202

2. By terminating Mr. and Mrs. Garcia right to have their daughter educated in the public schools of Montgomery County, the parents and student have been treated differently than other similarly situated persons, in violation of her right to equal protection of the laws. 3. There is no rational basis for the different treatment accorded to Mr. and Mrs. Garcia as compared with other similarly situated persons. 4. Therefore, the Garcia's allege that the Montgomery County has engaged in selective enforcement of its rules regarding eligibility for enrollment in Montgomery County Public Schools. B. DUE PROCESS 42 U.S.C. 1983 (As to Montgomery County School District) 1. The Montgomery County School District's conduct of terminating the right of Mr. and Mrs. Garcia's daughter to a free public education in the Montgomery County Public schools was in violation of their right to due process. 19. The Montgomery County School District's proceeded with terminating Mr. and Mrs. Garcia's daughters enrollment in the Montgomery County Public Schools without affording them the required due process of a residency hearing. In closing and on behalf of Mr. and Mrs. Garcia and the many parents affected by the injustice of zipcode education policies, we thank you in advance for reviewing and addressing our concerns, as parents, regarding school residency laws and the impact they have on the educational rights of all American children. Furthermore, we would like the opportunity to schedule a meeting with you, Secretary Duncan and decision makers of the United States Department of Education Office for Civil Rights regarding school residency policies that use zip codes to determine which children will access safe and quality schools and which children will not. Sincerely, Gwendolyn Samuel, President Connecticut Parent's Union Kevin P. Chavous, Executive Counsel American Federation for Children Larry Sand, President California Teachers Empowerment Network Mona Davids, President New York City Parents Union Walter L. Hudson Sr., Chairman National Awareness Alliance Senator Gloria Romero, Ret., State Director Democrats for Education Reform-California Kelley Williams- Bolar, President Ohio Parents Union Rhonda Gatch, Co-Founder Moms for School Choice Annette Callahan, Illinois Parent Affected by School Residency Law Matthew Smith, President Philadelphia National Action Network

PO Box 3004 - Meriden, Connecticut 06451 Website: www.ctparentsunion.org Tel: 203.443.3203