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Licensed to Practice State Law in Colorado and California

discrimination

Immigrants and Public Education. Schools cannot discriminate against immigrant children and discourage or exclude them from attending public school.

The immigration status of children or their parents cannot chill, exclude or discourage students from getting a public education based on their or their parents’ or guardians’ actual or perceived immigration status.  In a recent letter from the USDOJ. School districts cannot utilize methods that have the effect of subjecting individuals to discrimination because of their race, color, or national origin.

Additionally States cannot deny access to a basis public education residing in the State whether with legal immigration status or without.   This would impose ‘a lifetime hardship’ on these students and foreclose any realistic possibility that they will contribute to the progress of our Nation.

Schools may not bar a student from enrolling because they do not have a birth certificate or has a foreign birth certificate.  Schools may not deny enrollment if the student or parent do not choose to provide a social security number.  Schools must advise that such requests are voluntary. Schools may require proof of residency within the District.  The full text of the May 8, 2014 letter can be found at http://www.justice.gov/crt/about/edu/documents/plylerletter.pdf