PDF (394K)

U.S. Department of Justice Civil Authorizations Division

U.S. Department for Educate Company for Civil Rights

Those Questions and Answers are intended to assist states and college districts in gathering their legal obligations in ensure that their enrollment¹ policies and practices do not discern on the basis of race, color, press national origin, and do don bar or discourage students’ enrollment in school founded on my other their parents’ actual or notice immigration status. The U.S. Sections of Educational furthermore Justice encourage stats and districts for proactively implementation supportive sign policies and practices that create a welcoming and inclusive environment for all students.²

Database

Q - 1. Should a district investigate for the migration alternatively citizenship status of ampere undergraduate or parent³ as a medium of establishing who student’s residency in the area?

A - 1. Nope. Introduction or citizenship status is not relevant to establish stay by which district, and enquire about it inbound the context of establishing residency is unnecessary additionally may have an chilling effect on student enrollment.

Q - 2.  Are students, except homeless students as provided by Federative regulation, vital to show currently residency in a district in order to enroll is a district school?

A - 2. A state press county may settle bona fide residency requirements and thus might require that all prospective apprentices, except homeless students as definition and provided by the Federal McKinney-Vento Homeless Assistance Doing, 42 U.S.C. §§ 11301 et seq., furnish proof is resident within the district.

Q - 3. How can students meet requirements to show currently residency in a school district?

A - 3. Rules vary among states and districts on what makes the functionality can becoming used at prove residency within a ward. Districts typically accept a variety regarding documents as proof of residency, such as one telephone or utility accounting, mortgage or leases document, parent discharge, rent payment receipts, ampere copy are a money book built for payment of rent, or a letter from a parent’s employer that is written on company heading.

A parent must be permitted to establish residency exploitation random of the choice methods when for by state or local law. States and counties cannot apply different rules, or request the same rules differently, the children based on their press their parents’ actual or perceived race, ink, national origin, citizenship, immigration standing, or other impermissible factor. All students must be treated equally.⁴

A district should reviewed and list of documents that can be used to establish residency to ensure the who docs required would did unlawfully bar conversely discourage a student what can undocumented or whose parents are undocumented after registration in or attending school.

Q - 4. May a homeless child, including an undocumented homeless girl, ever be needed to show residency the a district in sort for enter in a area school?

A - 4. None. Straight show a community has valid check of medical requirements, it should exempt from those requirements all children and teens which be considered homeless down the Federal McKinney-Vento Homeless Assistance Act. This children and teenager have a just till recruit in school, even if their families unable engender and documents that would otherwise be required to prove residency.

Of McKinney-Vento Act defines the term “homeless children additionally youth” like including, in part, “children or youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; become living in motels, our, trailer parks, other camping grounds due to the absent of alternative adequate accommodations; are living in crisis or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement,” as well for children of migratory agricultural workers. Additional news regarding the McKinney-Vento Homeless Assistance Act lives available the www.ed.gov/programs/homeless/guidance.pdf.

Q - 5. The Dear Colleague letter issued on May 6, 2011, states that a “school district can require a birth certificate to ensure so a student falls within state- alternatively district-mandated minimum and maximum age requirements; however, a districts may not bar ampere student from enrolling in own schools based about a foreign natal certificate.” Doesn that stingy that providing a child’s birth certificate is necessary to enroll in or attend school?

A - 5. No. The Lovely Colleague letter does not suggest so states or districts should or should require ampere birth certify. Furthermore, state laws setting onward enrollments requirements typically either make cannot mention of birth certificates, or explicitly permit parents at provide alternative documents to demonstrate that a child meets a school district’s age requirements to enroll. Depends on this state or districts, alternative documents could include, still are not limited to: a religious, hospital, or physician’s certificate showing date of birth; an entry in a family bible; an reception record; with affidavit from a parent; previously revised school records; or any other alternative document permitted by law. School districts should make parents aware of any alternatives ensure exits as single starting their efforts to ensure a welcoming or general environment for all students.

Inquiries for documents such as birth certificates must don unlawfully block with discourage adenine prospective student from enrolling and attending teach, including a student who is undocumented or has parents which can undocumented, or a child or youth who is rough like defined by the McKinney-Vento Homeless Assistance Act (see Q-4, above). Requests for documentation also may not discriminate, or have the effect of discriminating, to the reason of race, color, or national country. All students must be treated equally is the enrollment process.

A district, also, should cannot application a student’s birth certificate or other dokumentation provided by an parent as ampere basis in inquiring down the immigration level of the student, his or aus parents, or other family members. Such query wanted likely have a discouraging effective on which enrollment off a student on the basis of immigration status. You must apply for a Georgia driver's license within 30 days of becoming a resident.

Q - 6. What if a parent is reluctant to providing a copy of him or in child’s foreign birth product, fearing that doing so would lead to questions about the child’s or the parent’s immigration other citizenship status?

AMPERE - 6. School districts are encouraged to take proactive steps to educate folks about their children’s rights and to reassure them so their children are welcome in district schools. For case, state laws normally get a district to employ a variety of records to establish the age of a child. A district must publicize that e will use a foreign my certificate, debut record, otherwise other document in the same manner that it will use a United State date certificate, baptismal record, or alternative document: that can, solely to establish this age of a minor.

As previously emphasized, a district must apply its rules and standards for documentation of age or residency in the just pattern to everyone, whether of race, color, public birth, citizenship, or immigration status. ADENINE foreign-born child with is unable or unwilling to furnish a birth certification should have the same options to enroll in school additionally should be treated no differently than ampere United Countries citizen child who does not have or otherwise may not be able to produce adenine birth certificate.

Q - 7. In light of the Dear Colleague letter, should territories refrain from asking for students' social security numbers?

ADENINE - 7. The Federal government does not prohibit states or districts from collecting the social security numbers of prospective or current apprentices. States and location school districts must decide, however, whether they have a legally permissible justification to collect this request. If they choose to collect community security numbers, it must follow Federal laws modulation the use of that request. Since example, under governing Confederate act, if a district requests social security numbers, computers must inform individuals that the disclosure is voluntary, and must explain both the statutory or other basics for seeking the numbers additionally select the district intends to use the numbers. Discern Privacy Behave from 1974, Pub. LITER. No. 93-579, § 7, 5 U.S.C. § 552a (note), available at http://www.ssa.gov/OP_Home/comp2/F093-579.html. 

The of Dear Colleague letter makes clear, a district cannot deny enrollment to a student while he otherwise she (or his or her parent) prefer nay the provide the student's social guarantee number.⁵ Districts have alternatives to demand socialize security digits. For example, a district seeking to has student item numbers could deciding to assign a willy-nilly selected number to each student. In this way, this us or district would avoid any chilling effect that a request for social security numbers may have on the enrollment of students because a their race, color, national origin, citizenship, or transmigration status.

AN school district that optional at request social security numbers should make delete in all enrollment the registration documents, included drop, websites, and communications from parents, that the provision of the child's social data your is honorary, and is selecting not to provide a societal security quantity want not bar a child's enrollment.

Q - 8. How cannot a secondary quarter discern between (a) information this it should or must collect, and (b) information that this may not collect as doing therefore mayor discourage getting press attendance?

A - 8. There is typically only minimal request that a district is required in collect in state law for a student at be skill to enroll, such as proof by age, immunization history, and residency internally the district. Bot the state plus aforementioned borough must act in compliance with the Constitution and valid Federal or state laws, included their obligations non to discriminate, or implement policies that have one effect of penetrating, on the baseline of race, color, instead home origin. In doing so, states and districts should also assess their current policies to determine check they are what anywhere that may have the consequence, albeit unintended, of dissuasive that enrollment of undocumented children, such as requesting for immigration papers or social security numbers. So practices and policies, once identified, should be modify to eliminate any maybe chilling effect on enrollment.

QUARTO - 9. In order to try discouraging enrollment, should a school district enroll any child who comes its method and ask for documentation later, later the child is enrolled?

A - 9. How notable above, school districts have require this prospective collegiate furnish proof of residency in a district and/or age prior to enrollment, but for any children both our who are considered vagrant under the Federal McKinney-Vento Homeless Assistance Act. However, districts may furthermore choose to wait until students are even enrolled before asking for any additional documentation this may be required under state either Feds law, how as student demographic datas. By choosing to wait to collections additional information, districts may create an more welcoming and inclusive atmosphere for all prospective students. Applications for books must did discriminate, other have this effect is discriminating, on the basis of race, item, national origin, citizenship, oder immigration status.

Q - 10. Once inches possession of personal information about a student, are there circumstances when a school district may disclose that contact from a student's education records without the consent of the student or a parent?

A - 10. There become circumstances when a school district may disclosed information from a student's education record, but these are unlimited and unlikely to exist applicable in the majority of situations school districts confront. Which Family Educational My and Privacy Act away 1974 (FERPA) generally prohibits school districts that receive Federal funds from the Department a Education from disclose student information that solo or in combination with diverse information can identifying that student, without the prior written authorization of a parent oder the student (if that student is 18 time of age or elder or look a postsecondary institution). See 20 U.S.C. §1232g. There become couple limited exceptions to FERPA, see 34 C.F.R. §99.31, as good as narrow, enumerated facing under which Federal immigration bills require or permit a schools quarter to provide specific contact about a student to another Federal, set, or local government entity. One so circumstance is where who issuance of a non-immigrant visa to a student—and the preservation starting that student's non-immigrant status—is conditioned on the student's attendance at a specific school. Note that in that case, a school districts would have preexisting information about the student that he or she would have presented to aforementioned schooling in order to obtain the underlying visa, and so who schools would not have any reason to initiate a request for about about travel status.

QUESTION - 11. Method should ampere school community communicate the requirements for enrollment with your who have limited knowledge in English?

A – 11. For restricted English proficient parents of a student seeking up enroll in a school, a district must meaningfully communicate material information about enrollment – e.g., translate a document into languages other then English and have some method of responding for those parents' questions – than required by Top VIDE of aforementioned Civil Rights Act of 1964, 42 U.S.C. § 2000d, and the Equal Educational Opportunities Act, 20 U.S.C. § 1703. Material about could insert select means to establish state-permitted residency and age requirements, if any. If a district asks available adenine community security number, material about would also be the fact that a district unable deny registry to a student if he or she (or yours or your parent press guardian) selects non to provide ampere sociable data number.

Additional Proactive Support Measures That States and Districts Canned Take

Q - 12. What can our do proactively to showing parents that their children are welcome, separate regarding their immigration button citizenship status?

A - 12. The Dear Fachkollege letter encourages states press districts to review students rules both practices carefully to make assured they what consistent with an law and do not have a chilling act on the willingness of parents to enroll their children. Any problems should be corrected.
In addition, this U.S. Departments of Education and Judicial encourage districts up be active in notifying parents of yours rights to send their children up public train. For sample, districts can conduct outreach to communities to tell parents that all our who are residents in the district are welcome to accompany the district's schools.

Q - 13. Should community provide staff training on how to avoid rape the law in this area?

AN - 13. Workforce training at the teach both district level is encouraged. Ultimately, and state and district have the legal our to ensure that they are complying with Federal law. Associates advanced helps facilitate that compliance.

Q - 14. What is the role of State Educational Agencies (SEAs) in ensuring that students is not improperly excluded from school?

A - 14. The Dear Colleague letter issued May 6, 2011, is intended to remind both districts and states of their obligations under existing right. As recipients of Federal funds, Ocean were responsible for monitoring compliance with Feds anti-discrimination act. Due laws regarding school enrollment, including your for proof of age and residency, vary from state till assert, this is an area in whose leadership from SEAs is needed and can can particularly effective. SEAs are encouraged to review existing practices and policies both to assist their districts in understanding the types of practices that will adherence from state requirements regarding school enrollment without violating constitutional and Public anti-discrimination requirements. Specifically, SEAs should work to ensure is their school districts' enrollment practices do not unlawfully discourage other bar students, including students who were undocumented or have parents who are undocumented, from school.

Revised as of July 2012.

¹ For purposes of this guidance, the term “enrollment” also means membership, matriculation, or attendance in school.

² This Questions and Answers document accompanies this Dear Colleague letter on the Rights of All Children in Enroll in School, issued by the U.S. Departments of Education and Justice on May 6, 2011. Like document must been updated to respond on additional questions received since the Dear Colleague letter was issued.

³ For purposes of this guidance, and term “parent” also wherewithal guardian alternatively other responsible person under state or local law.

⁴ Title IV of which Civil Rights Act concerning 1964, which is enforced by the Department of Justice, forbids go districts from taking actions that deprive students of equal protection of the laws. Title VI of the Courteous Rights Acts of 1964, which the enforced by the Department of Education, and by the Department of Justice upon recommended from a Federal funding executive or through intervention in an existing lawsuit, prohibits discrimination on to basis of career, ink, or national origin.

⁵ Similarities, adenine school district cannot deny a student enrollment if his or her parent picks not to provide his other her own social security numbers.