No finding of bias in education audit

Federal officials have rejected a complaint by two Utah minority activists who alleged that a requested audit in the costs of educating undocumented students in Utah's public schools would be discriminatory against students.

The U.S. Department of Education's Office for Civil Rights in Denver said that since the audit is pending, there is no evidence of discrimination.

The OCR "can proceed with complaint resolution only for those alleged acts of discrimination that have actually occurred," a department letter stated. "Consequently, we cannot proceed with complaint resolution for this allegation."

Legislative Auditor General John Schaff has made it clear the audit will not single out any student or group of students.

However, Michael Clara and Archie Archuleta, co-chairs of the Utah Hispanic/Latino Legislative Task Force, had filed the complaint because of concerns that gathering the information would require schools to determine the immigration status of students.

Clara said the decision won't be appealed. However, the task force will be keeping an eye on the auditing process.

"The only way you can get this is by asking the kids, and once you do that, it is a violation of federal law," Clara said. "I doubt schools are going to comply with breaking federal law, and if that happens we will re-file our complaint with OCR and the Justice Department."