Twenty New York school districts, found to be denying
access to education to undocumented immigrant children, are now obligated by
the state attorney general’s office to correct their enrollment process.
Despite repeated reminders
and instructions from federal and state agencies on how to properly enroll
students, these districts continued to disregard their legal responsibilities
by asking for documents such as social security cards or proof of district
residency from immigrant families, effectively barring undocumented youth from
attending school.
The New York Department of Education began an investigation
after The New York Times reported in
October, 2014 that undocumented immigrant children on Long Island were being
asked about their immigration status and were denied access to schools. Originally
the investigation focused on four districts, but the practice was found to be
widespread, extending to 20 districts outside of large cities. Many of these communities have received an influx of
unaccompanied minors fleeing
violence and persecution from Central America and Mexico and seeking refuge
in the U.S.
The districts are mandated to change their enrollment
policies as well as to provide training for enrollment officials in order to
comply with the 1982 Supreme Court
decision, Plyler v. Doe, which found that schools cannot deny
access to public education on the basis of a student’s immigration status.
Previously the
NY Civil Liberties Union noted that putting up illegal barriers to
undocumented students is “possibly creating a chilling effect on such
students and attempting to register.” It is one thing to be in compliance with
the law, but it will require additional
steps to welcome immigrant students into the
classroom.
Recommended
Reading:
The New York Times:
New York Compels 20 School Districts to Lower Barriers to
Immigrants
Education Dive: 20
New York Districts Ordered to Change Enrollment Policies
American Immigration Council: Public
Education for All? Lessons Learned from
Plyer v. Doe (lesson plan for grades 9-12 teachers) and Plyer v Doe: Students’ Right to Education
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