Immigrant Students’ Rights to Attend Public Schools

*Thanks to the good folks at IDRA for this timely information. It’s good to know. VL

By Intercultural Development Research Association

School Opening Alert – and Resources

August 21, 2014 – As a new school year begins, this alert is a reminder that public schools, by law, must serve all children.

See IDRA’s new eBook on Supporting Immigrant Students’ Rights to Attend Public Schools (in English-Spanish) and share it with others.

The education of undocumented students is guaranteed by the Plyler vs. Doe decision, and certain procedures must be followed when registering immigrant children in school to avoid violation of their civil rights.

The U.S. Department of Justice and the U.S. Department of Education published in May 2014 a letter advising school officials that activities that deny or discourage students to attend school are unlawful. The letter begins, “Under federal law, state and local educational agencies are required to provide all children with equal access to public education at the elementary and secondary level.”

In Plyler vs. Doe, the U.S. Supreme Court ruled that children of undocumented workers have the same right to attend public primary and secondary schools as do U.S. citizens and permanent residents. Like other students, children of undocumented workers in fact are required under state laws to attend school until they reach a mandated age.

School personnel – especially building principals and those involved with student intake activities – should be aware that they have no legal obligation to enforce U.S. immigration laws.

Practices that deny or discourage immigrant children and families from public schooling also:

Victimize children – Children do not choose the conditions under which they live in the United States. Many undocumented immigrant parents bring their children to the United States because they are fleeing extreme poverty, violence and lack of opportunities in their homeland. Children should not be punished for circumstances they do not control. They have the right to learn and be useful members of society.

Are counterproductive for the country – Denying children access to education does not eliminate illegal immigration. Instead, it ensures the creation of an underclass. Without public education for children, illiteracy rates will increase and opportunities for workforce and community participation will decrease. Research has proven that for every $1 spent on the education of children, at least $9 is returned.

Waste valuable time while losing sight of principal goals of public education – Rather than teaching students, school officials would spend their time asking our millions of school children about their citizenship status. States would be forced to spend millions of dollars to do the work of the U.S. Immigration and Customs Enforcement (ICE) agency.

Promote misinformation – Incorrect assumptions and inappropriate figures have been used to blame immigrants and their children for economic problems.

Encourage racism and discrimination – In turbulent, financially troubled times, immigration often becomes a focal point of public discourse. Many consider a preoccupation with the immigration status of children of undocumented workers to be a form of discrimination and racism.

As a result of the Plyler ruling, public schools may not:

• deny admission to a student during initial enrollment or at any other time on the basis of undocumented status;
• treat a student differently to determine residency;
• engage in any practices to “chill” the right of access to school;
• require students or parents to disclose or document their immigration status;
• make inquiries of students or parents intended to expose their undocumented status; or
• require social security numbers from all students, as this may expose undocumented status.

Students without a social security number should be assigned a number generated by the school. Adults without social security numbers who are applying for a free lunch and/or breakfast program for a student need only state on the application that they do not have a social security number.

The Family Education Rights and Privacy Act prohibits schools from providing any outside agency – including the ICE agency – with any information from a child’s school file that would expose the student’s undocumented status. The only exception is if an agency gets a court order (subpoena) that parents can then challenge. Schools should note that even requesting such permission from parents might act to “chill” a student’s Plyler rights.

Note as well that schools may not indicate Social Security cards and birth certificates are required before a family can register their child for school. Such practices are in direct violation of Plyler vs. Doe. Rather, it should be clear from the beginning that students without a Social Security number should be assigned a number generated by the school. While schools may request a birth certificate, they may not bar students from enrolling if they do not have a birth certificate. Get more information.

At IDRA, we are working to strengthen schools to work for all children, families and communities. Help us make this goal a reality for every child; we simply cannot afford the alternatives. Denying children of undocumented workers access to an education is unconstitutional and against the law.

Resources

Get our printable School Opening Alert (in English-Spanish) for details and share it with others.

See the letter from the U.S. Department of Justice and the U.S. Department of Education (May 2014) advising school officials that activities that deny or discourage students to attend school are unlawful.

The Texas Education Agency issued official guidance in an August 2015 letter.

See Educational Services for Immigrant Children and Those Recently Arrived to the United States, U.S. Department of Education guidance, resources and frequently asked questions

Listen to IDRA’s Classnotes Podcast episode on “Immigrant Children’s Rights to Attend Public Schools.”

See IDRA’s webpage on serving immigrant students for education resources for elementary and secondary school-aged students and their families.

The Intercultural Development Research Association is an independent private non-profit organization dedicated to realizing the right of every child to a quality education. IDRA strengthens and transforms public education by providing dynamic training; useful research, evaluation, and frameworks for action; timely policy analyses; and innovative materials and programs.

IDRA works hand-in-hand with hundreds of thousands of educators and families each year in communities and classrooms around the country. All our work rests on an unwavering commitment to creating self-renewing schools that value and promote the success of students of all backgrounds.

We are a small organization with a powerful mission: to create schools that work for all children.