The New Jersey Department of Education recently issued a memorandum to ensure that all local educational agency personnel are aware of federal and state laws that prohibit denying the enrollment of students in public schools based on immigration status.
In Plyler v. Doe, 457 US 202 (1982), the United States Supreme Court held that undocumented children living in the United States could not be excluded from public elementary and secondary schools based on their immigration status. The United States Department of Education’s Sept. 6, 2023, letter to chief state school officers affirms that school districts are prohibited from requiring students to disclose or document their immigration status, making inquiries of students or parents that may expose their undocumented status, or engaging in any practices that hinder the right of access to public schools.
New Jersey Administrative Code (N.J.A.C. 6A:22-3.3) prohibits the barring of any student from public elementary and secondary schools based on immigration/visa status, except for students on F-1 visas. Districts should continue to enroll all students between the ages of 5 and 20 who are domiciled in the district or who are otherwise entitled to attend pursuant to N.J.S.A. 18A:38-1 and its implementing regulations, N.J.A.C. 6A:22-3.2, et. seq.
Additionally, N.J.A.C. 6A:22-3.4 prohibits school districts from making enrollment contingent upon the receipt of information or documentation. Such prohibited documents include, but are not limited to, power of attorney/guardianship documents; income tax returns; documentation or information relating to citizenship or immigration status; and social security cards. When enrolling students, a school district may request verification of residency; however, the district cannot deny enrollment based on a failure to present a particular form.
Further, when requesting documentation of a student’s age, school districts may not prohibit enrollment if the parent/guardian cannot present a birth certificate or a foreign birth certificate.
The USDOE Office of Civil Rights and the United States Department of Justice Civil Rights Division issued examples of acceptable enrollment policies, such as requesting proof of residency in the school district, as well as policies that may not be used by schools to deny enrollment to any child.
The full memorandum also details how to distinguish between immigrant and migrant students, guidelines on requesting immunization records, what happens when unaccompanied immigrant children enter the United States and more.