Schools Advised Not to Turn Away Undocumented Students

One of the recurring questions that I receive from pre-service and in-service teachers is about the legality of undocumented students in our schools. Many are under the impression that these students are not allowed to attend schools given their legal status. This belief is held by many and has evolved into a sort of "folk theory" that has become a practiced truth.

Folk theories, i.e. theories that are based on common, everyday experiences, but not subjected to rigorous experimental techniques, policy, or truth often determine our actions. For years, many state education agencies have been telling educators they cannot ask students about their immigration status in accordance with the 1982 U.S. Supreme Court case, Plyler v. Doe, which gives all children the right to a free K-12 education in this country regardless of their immigration status.

School officials can ask parents or students for proof of residency in a school district to determine priority for enrollment purposes, but not for a Social Security number or other proof of citizenship.

Frequently school personnel rely on their common sense rather than law and ask for immigration information when parents try to register their children for school.

The American Civil Liberties Union of New Jersey has decided to address this violation of federal law in New Jersey. MyHeraldNews.com provides thorough coverage of the story.