State to schools: Don't ask immigration status on forms

The state Education Department has issued guidelines to public school districts to ensure officials do not request information that could reveal a student's immigration status.

The guidelines come in the wake of a New York Civil Liberties Union analysis in July that found at least 20 percent of public schools statewide asked what it called inappropriate questions on school registration forms - asking for Social Security numbers, legal residency numbers or citizenship status. State and federal law require that all youngsters have access to a free education, regardless of their immigration status.

The report found problems on registration forms in 21 Long Island districts.

"Undocumented children, like U.S. citizen children, have the right to attend school full time as long as they meet the age and residency requirements established by state law," according to the department's five-page guidelines, released this week.

The department cited a 1982 U.S. Supreme Court ruling that undocumented immigrant children cannot be denied a free public education, as long as they are residents of the district in which they seek to enroll.

Several local school superintendents have said the districts never intended to discriminate, that many of the forms were outdated, and that they planned to remove the offending data requests from the registration forms.

Local school officials said earlier this month that they have not turned away any student based on legal status.

The civil liberties union's analysis of 694 public school districts out of 698 in the state found that at least 139 of them asked, either directly or indirectly, for proof of immigrant status.

In releasing the guidelines this week, the department said, "Schools should avoid asking questions related to immigration status or that may reveal a child's immigration status, such as asking for a Social Security number."

Spiro Colaitis, assistant superintendent for Malverne schools, said after hearing from the civil liberties union in July, the registration forms were changed so they no longer ask for green card information or a Social Security number.

Jonathan Burman, a spokesman for the Education Department, said, "We're telling districts to comply with the law and we fully anticipate they all will."

If a resident believes a district is not complying, they can "bring an appeal to the commissioner," Burman said.

Udi Ofer, the civil liberties union's advocacy director, applauded the department's guidelines and said the state "must follow up" to make sure districts comply.

But he added it was the education department's responsibility to ensure compliance and that "the burden must not be on parents."

THE GUIDELINES

PROOF OF AGE. Under the state Education Department's five-page guidelines - "Student Registration Guidance" - a school can ask for a birth certificate or baptismal certificate to verify student age.

OTHER IDS OK. If neither is available, a school can, for example, ask for one of the following: a passport, driver's license, state or other government-issued ID, military dependent ID card, Native American tribal document or records from international aid agencies.

PROOF OF RESIDENCY. To determine residency, a school district may request, for example, pay stub, income tax form, deed or lease, utility or other bill sent to student's home address.

BANNED QUESTIONS. School districts cannot ask for any information that may reveal a child's immigration status, such as a Social Security number.

OTHER LIMITS. The guidelines note some data sought by a school, such as if English is spoken at home, is necessary to determine the need of federal programs but a student should be asked after enrollment.

Complete list is at nysed.gov.