On his July 16 broadcast, Fox News Radio 600 KCOL host and program director Scott James said residents of Colorado's Poudre School District (PSD) “darn well better write a note” to members of the PSD Board of Directors telling them to “stop spending [taxpayer] dollar[s] in educating illegal aliens.” In fact, based on a 1982 Supreme Court ruling, local and state government entities -- such as the PSD Board of Directors -- are barred from withholding funds for the free public education of school-age children who are not legally admitted into the United States, if the government provides a free education to other children.

James was discussing a July 15 Fort Collins Coloradoan article about a public school counselor's program to help enable undocumented PSD students -- who because of their immigration status would have to pay out-of-state tuition if they attend college in Colorado -- to attend college in New Mexico, where the government would allow them to pay in-state tuition. As the Coloradoan reported:

Until last year, the end of high school meant the end of the educational line for undocumented students in Poudre School District who lacked citizenship but excelled in classes.

Poudre High School counselor Isabel Thacker found a way around that, and this fall will be the second year that some of the high school's undocumented students will participate in a program that allows them to attend college at the University of New Mexico -- many without paying for tuition and books.

[...]

A bill passed in New Mexico in 2005 prohibited the state from denying education benefits based in immigration status, said Terry Babbitt, director of admissions for the University of New Mexico.

“We have to offer state financial aid to any student, regardless of their immigration status,” he said.

New Mexico's state financial aid, however, is intended for residents. Despite the apparent obstacle, a loophole in UNM's residency requirements was discovered that allows the undocumented students from Fort Collins to receive in-state tuition in New Mexico as well as an institutional scholarship that covers completely the cost of their tuition.

The Coloradoan further reported that "[a] Colorado bill passed during a special Legislative session last year prohibits the state from providing public benefits -- including in-state tuition, which is subsidized by state taxpayers -- to undocumented immigrants." The article also specifically noted, “Unlike Colorado's post-secondary institutions, school districts like PSD can't withhold an education based on citizenship.”

Calling the “tale of Isabel Thacker” “nauseating” and “disgusting,” James stated that Thacker was “proud of herself 'cause she's found a loophole to where she can fleece you and I.” James later said, "[L]et's not get angry about Ms. Thacker in this situation," before stating, “Because whenever a taxpayer dollar is spent, there must be an elected individual that oversees it.” James added, “And if you live in the Poudre School District you darn well better write a note to them saying, 'Stop spending my dollar in educating illegal aliens.' ”

However, while Colorado in 2006 was able to enact a law to bar undocumented immigrants from receiving certain taxpayer-subsidized benefits, including in-state tuition rates at Colorado post-secondary education institutions, the 1982 Supreme Court decision prohibited states from blocking the use of state or local public funds for providing free education to undocumented school-age children, if those governments are providing such a benefit to other children.

Besides ignoring the Coloradoan's reporting that “school districts like PSD can't withhold an education based on citizenship,” James failed to mention that in 1982 the Supreme Court affirmed a federal district court decision that a Texas statute attempting to “withhold from local school districts any state funds for the education of children who were not 'legally admitted' into the United States” was unlawful because it “violated the Equal Protection Clause of the Fourteenth Amendment." The Supreme Court reasoned that "[i]f the State is to deny a discrete group of innocent children the free public education that it offers to other children residing within its borders, that denial must be justified by a showing that it furthers some substantial state interest." Noting that it was “difficult to understand precisely what the State hopes to achieve by promoting the creation and perpetuation of a subclass of illiterates within our boundaries, surely adding to the problems and costs of unemployment, welfare, and crime,” the Court found no such state interest in denying funding.

In an executive order dated June 28, 2006, former Colorado Gov. Bill Owens (R) also acknowledged the federal requirement that local school districts provide undocumented children with the same free public education they provide to U.S. citizens and legal residents.

From the July 16 broadcast of Fox News Radio 600 KCOL's Ride Home with The James Gang:

JAMES: This tale of Isabel Thacker, the counselor at the Poudre School District who, who, who's proud of herself 'cause she's found a loophole to where she can fleece you and I. It, it's nauseating; it's disgusting. And I -- see, I, I, I, I, I could go the entire week with this. I, I, and, and I'm going to try to remain open-minded about it because you'll see that Ms. Thacker is a counselor at the, at the Poudre School District and there was a big article on her in yesterday's Coloradoan about how she's proud of herself because, “Oh, undocumented students once they graduate from Poudre School District, their options are so limited. We need to help these people by giving them a taxpayer-funded education.” And they found a route. Look -- what's going on? Who is it? They know I'm mad.

PRODUCER: Who's calling you now?

JAMES: I, I don't know. Somebody obviously who doesn't know I'm on the radio.

PRODUCER: OK.

JAMES: Shut this off. I think it was my blood pressure monitor for a minute. I don't know.

PRODUCER: You did pretty good; it's only 4:12.

JAMES: It's, it's, it -- my heart sank when I read this and I became so angry and so mad. And it's a good thing that I don't live in the Poudre School District. Because if I did, and for those who do, you need to go the route that isn't, that, that, that -- not to attack Ms. Thacker. Because I got to thinking about this further. A doctor takes the Hippocratic oath, and, and first do no harm, and, and, they're not supposed to look at a patient, at their insurance, they're not supposed to look at anything. They're supposed to look at that patient as a valid human being, whether or not they're on death row or whether or not they're in the president's chair. They're supposed to look at that individual with a blind eye and treat them -- at least my kind of loose interpretation of the Hippocratic oath. So therefore, if we want our -- our educators should educate. And so this woman is not looking at documentation, she's not looking at papers. She's doing what she -- and I, and I hope she exhibits this passion equally for every student that walks in her office at Poudre School District. And I'm assuming that she does. I'm assuming that she's a quality individual and that's why she has her job. So should educators have a, a type of, of Hippocratic oath mentality to where we can't look at a student, we, we just need to look at an individual as a mind, and as a mind that has unlimited potential? Because part of me, the ideological part of me wants to say, “Yes. That is their job.” So therefore, let's not get angry about Ms. Thacker in this situation. And, I, I and I'm going to get -- I mean, this hits right here at home; this strikes close to home. So Isabel Thacker, bless you and the work that you do with kids. But you have bosses, and those bosses have bosses, and those bosses have bosses that are elected individuals. Because whenever a taxpayer dollar is spent, there must be an elected individual that oversees it, and that's why I have given you the links to the Poudre School District Board of, of, of Directors to their emails on my blog today at 600 KCOL.com. And if you live in the Poudre School District you darn well better write a note to them saying, “Stop spending my dollar in educating illegal aliens.” And priding ourselves in finding programs that they can get that aren't even available to kids who are here legally and ethically and have busted their butt to do well. Sorry, you don't even know what I'm mad about. If you are unfamiliar with this article you don't even know what I'm mad about.