In a joint letter, the U.S. Education and Justice departments said
they had become aware of student enrollment practices "that may
chill or discourage" participation of students based on their or
their parents' "actual or perceived immigration status."
"These practices contravene Federal law," the letter said.
The letter, which updates 2011 guidelines, did not single out
districts for criticism. However, practices at some of the nation's
districts have been targeted by immigration rights advocates in
recent years.
For example, a 2011 Alabama law required the state's schools to get
information on immigration status from students and parents. Courts
blocked the statute, but meanwhile it reportedly caused some
immigrant families to keep their children out of school.
Thursday's letter cited the U.S. Supreme Court's 1982 ruling in
Plyler v. Doe, which found that citizen status is irrelevant to the
student's right to an elementary and secondary education.
The letter also stressed that districts must not request information
from parents and students with the intent or result of denying
access to schools based on race, color or nationality, and spelled
out what is and is not acceptable.
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For example, a district may ask for proof of residency in a district
by requesting utility bills. But a district may not bar a student
from school because he or she lacks a birth certificate, or has a
foreign birth certificate. Schools also cannot require students or
parents to provide Social Security numbers, the letter said.
(Editing by Ken Wills)
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