Trending
The state attorney general and education commissioner are reminding schools they have to admit students regardless of their immigration status as the court battle over moving migrants from New York City elsewhere in the state continues.
Attorney General Letitia James and Betty Rosa, state education commissioner, recently released guidance affirming that every student between the ages of 5 and 21 has the right to a free public education in New York, regardless of the student's nationality or immigration status. The guidance details schools' responsibilities in accepting new students and warns against the implementation of policies or requirements that would prevent noncitizens, undocumented students and families without a lease from registering for school.
"The law is clear: every New Yorker is entitled to a free public education, and anyone who lives in our state is a New Yorker," James said. "With the first day of school just around the corner, we must ensure that all students are welcomed to attend without delay or difficulty. I will always defend our young people's right to learn, and I encourage any New Yorker who is denied their right to attend our public schools to contact my office."
There haven't been any reported issues in Chautauqua County, though the county is one of 34 that are being sued by New York City over emergency declarations preventing the relocation of migrants from New York City. Jamestown has seen dozens of Colombian migrants move into the city over the past several months, though Dr. Kevin Whitaker, Jamestown Public Schools superintendent, told The Post-Journal in January that the district can handle new students through its English as a New Language program. There were roughly 15 students in the program earlier this year.
In order to attend a school district's schools for free, students must live in that district. While schools can ask families to submit documentation proving residence, James and Rosa said schools must accept many different kinds of proof, including but not limited to:
¯ Letter or affidavit from the student's landlord;
¯ Letter or affidavit from a social worker, teacher, lawyer, religious leader, or other individual with personal knowledge of the student's residence;
¯ Pay stub that shows the student's address;
¯ Bill for a utility or service, including cell phone, that shows the student's address;
¯ Membership documents based on residency, such as library cards, whether or not they show the student's address;
¯ Government-issued identification that shows the student's address; and
¯ Documents issued by a government agency, such as a local social services agency or the federal Office of Refugee Resettlement, among others.
When a student requests enrollment, the school must allow the student to begin attending classes the next school day, or as soon as possible. The student then has three business days to prove residency. If the school decides the student is not a resident and therefore not eligible to attend, the school must provide a written notice explaining the decision and how the student can appeal.
James and Rosa also said state schools should not impose residency requirements for students that would make it difficult for noncitizens, undocumented students and students who live in rented homes without a lease to register for school. Such policies include:
¯ Requiring proofs of residency be less than 30 days old;
¯ Requiring students to present proof of residency more than once if residency has not changed;
¯ Making home visits to investigate every student who does not have a lease or deed;
¯ Denying enrollment if a student or their family cannot provide a voter registration card or driver's license;
¯ Requiring a social security number or any details about a student's immigration status as a condition of enrollment; and
¯ Reporting or threatening to report information about a student's living situation to local code-enforcement authorities.
"All school and district leaders must continue to faithfully carry out their duty to accept and provide educational support services for these students and their families," said Commissioner Rosa. "In partnership with Attorney General James and our school and district leaders, we will continue to take concrete steps to ensure a smooth transition for these students. We must create a safe and welcoming environment where all students have a sense of belonging, as well as the supports they need to learn and grow."