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Part of the equal education library, sponsored by Greenberg Traurig.
Both state and federal law prevent discrimination of undocumented students from attending school.
In 1982, The United States Supreme Court ruled in Plyler vs. Doe that all children, regardless of status, have the same right to go to school. Public schools may not:
- Prevent an undocumented student from attending or enrolling in a school,
- Treat the student differently than other students, or
- Require documents or a Social Security Number (SSN) from the undocumented student.
However, for a student to attend a school district, the student must be able to show that he or she actually lives within that school district. This is called showing "residency." The school district is required by law to provide your child with an education, if you can prove that you:
- Live within the school district, and
- Are the parent or adult with whom the child regularly lives.
You will have to prove:
- Your identity,
- The child’s identity,
- That you live within the district, and
- That the child has had proper medical care.
School districts are required by law to ask in writing for a certified copy of a birth certificate of every newly enrolled child within 30 days of enrollment. If a birth certificate is unavailable, then other proof of the child's identity and age is required. You will also have to make a sworn statement explaining why the birth certificate cannot be produced.
If you do not have a driver’s license or state identification card, there are other ways to prove your residency. You just need to show that you live within the district’s boundaries.
Some examples of alternate identification include:
- A library card,
- Employee identification,
- Utility bills,
- An apartment lease or deed to real estate, or
- A notarized affidavit (sworn statement) of residency from the parent or person with whom the child is residing, confirming that the child eats and sleeps at the residence.
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Worried about doing this on your own? You may be able to get free legal help.
Part of the equal education library, sponsored by Greenberg Traurig.
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