Federal Policy Guidance Issued on the Rights of Undocumented School Children

The guidance specifically prohibits districts from using any proof of residence beyond that required of all other children. It forbids policies that mandate Social Security numbers for children or that requires proof of their own or their parents’ immigration status. In districts where birth certificates are required, certificates from other countries must be accepted and homeless children must be immediately enrolled without traditional proof of residence, since they do not have one. Districts are responsible for keeping confidential student information private.

The specific guidance can be found on websites of both departments:

• http://www.justice.gov/crt/about/edu/documents/plyler.php

• http://www2.ed.gov/about/offices/list/ocr/whatsnew.html

Co-directors of the Civil Rights Project/ Proyecto Derechos Civiles, Gary Orfield and Patricia Gándara, praised the departments for clarifying the requirements of federal law and urge civil rights and education organizations to distribute these documents.