Education

Education in American is by law a unanimous right that requires schools and districts to give students opportunities to partake in all programs and activities. In California, every child residing in the state qualifies for free education. Though public school is generally for children ages 5-18, children with special educational needs can receive free education services from ages 0 to 21.

Immigrant youth can receive a free, public school education regardless of their legal status.

The U.S. Supreme Court ruled in Plyler vs. Doe (457 U.S. 202 (1982)) that undocumented children and young adults have the same right to attend public primary and secondary schools as do U.S. citizens and permanent residents.¹ Like other children, undocumented students are obliged under state law to attend school until they reach a mandated age. As a result of the Plyler ruling, public schools may not:

1. Deny admission to a student during initial enrollment or at any other time on the basis of undocumented status.
2. Treat a student differently to determine residency.
3. Engage in any practices to “chill” the right of access to school.
4. Require students or parents to disclose or document their immigration status.
5. Make inquiries of students or parents that may expose their undocumented status.
6. Require social security numbers from all students, as this may expose undocumented status.
   1. Adults without social security numbers who are applying for a free lunch and/or breakfast program on behalf of a student need only indicate on the application that they do not have a social security number.​

Families should also note that the Family Education Rights and Privacy Act (FERPA) prohibits schools from providing any outside agency – including the ICE agency – with any information from a child’s school file that would expose the student’s undocumented status.² The only exception is when a school district is required by a judicial order or a subpoena signed by a judge to disclose information to ICE officials. If a school receives such a request, they can still seek review by legal counsel and take appropriate action to potentially challenge the subpoena. For more information, please visit American Civil Liberties Union FAQ For Educators On Immigrant Students In Public Schools.³

The enrollment process varies across school districts in Los Angeles county. Families should call the district to verify if they can enroll their children in their neighborhood school or if they must enroll them at an enrollment center. Additionally, there are no deadlines for local public school enrollments, however charter schools may have admissions deadlines. Families have the right to ask for assistance from an interpreter if they cannot speak English for help with the enrollment process.⁴

In most cases, families should be able to provide the following documents to be able to enroll their children in K-12 public schools:

• Proof of Residency (utility bill, letter from shelter, hotel/motel receipt, resident affidavit)
• Immunization/Health Records (records from school or social service, exemption form)
• Birth Certificate (birth certificate, baptismal record, passport, immigration certificate)
• School Records (telephone or fax from previous school) if previously enrolled in another school(s)

For more information concerning the rights of children enrolling in school at the federal level, please go to visit the U.S. Department of Education FAQ for School Districts and Parents on the Enrollment Process.⁵

Below is an example of the steps families in Los Angeles Unified School District take to enroll their child(ren).⁶

1. Parents/guardians can visit the school’s main office to obtain an enrollment packet.
2. Parents/guardians will need an enrollment packet for each child.
3. Parent/guardian will need to submit a copy of the student’s birth certificate/passport, record, proof of residency, and parent/guardian identification card/passport along with completed enrollment forms.
4. Children must have required immunization before they can attend school in California.
5. School staff will provide affidavits for any missing but required documents at the time of enrollment.
6. The following affidavits will be provided by school staff as an alternative documentation and placed in the students cumulative record once process had been completed:
   1. Affidavit to Verify Residence
   2. ii. Affidavit of Temporary Residence
   3. Affidavit for Proof of Age of Minor
   4. Affidavit of Parent/Legal Guardian Information
   5. Caregiver Authorization Affidavit
7. Parents/guardians can seek assistance with completing enrollment forms from school staff or contact the School Enrollment Placement and Assessment (S.E.P.A.) Center at (213) 482-3954.
8. Once the Parent/guardian has completed the enrollment forms and the child has obtained all necessary vaccines, parents must immediately report back to the main office to submit paperwork to begin enrollment.

The California Education Code 48200 regarding Compulsory Full-time Education states that each person between the ages of 6 and 18 years not exempted under provision of this chapter is subject to compulsory full-time education. Each parent, guardian, or other person having control or charge of such pupil shall send the pupil to the public full-time day school or continuation school or classes for the full-time designated as the length of the school day.

Students who miss more than 30 minutes of instruction without an excuse three times during the school year must be classified as a truant and reported to the proper school authority. Parents/Guardians and children can face consequences and penalties if the student continues to be truant. For more information, please visit California’s Department of Education Attendance & Truancy.⁷ Families are also encouraged to contact their attendance clerk at their school (district).