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|**U.S. Department of Justice***Civil Rights Division* | **U.S. Department of Education***Office for Civil Rights*
|----------------------------------------------------- | ---------------------------------------------------------

These Questions and  Answers are intended to assist states and school districts in meeting their  legal obligations to ensure that their enrollment1 policies and practices do not discriminate on the basis of race, color, or  national origin, and do not bar or discourage students’ enrollment in school based  on their or their parents’ actual or perceived immigration status.  The U.S. Departments of Education and Justice  encourage states and districts to proactively implement supportive enrollment  policies and practices that create a welcoming and inclusive environment for  all students.2

## Documentation

### Q - 1.  Should a district inquire into the  immigration or citizenship status of a student or parent3 as a means of establishing  the student’s residency in the district?

**A  - 1.**  No.  Immigration  or citizenship status is not relevant to establishing residency in the district,  and inquiring about it in the  context of establishing residency is unnecessary and may have a chilling effect  on student enrollment.****

### Q - 2.****Are students**, except homeless students as provided by Federal  statute, required**to show current residency in a district in order to enroll in  a district school?

**A  - 2.**A****state or district may establish bona  fide residency requirements and thus might require that all prospective  students, except homeless students as defined and provided by the Federal  McKinney-Vento Homeless Assistance Act, 42 U.S.C. §§ 11301 *et seq.*,  furnish proof of residency within the district.

### Q - 3.  How can students meet requirements to show  current residency in a school district?

**A  - 3.**Rules vary among  states and districts on what forms of documentation can be used to prove  residency within a district.  Districts  typically accept a variety of documents as proof of residency, such as a  telephone or utility bill, mortgage or lease document, parent affidavit, rent  payment receipts, a copy of a money order made for payment of rent, or a letter  from a parent’s employer that is written on company letterhead.

A parent must be  permitted to establish residency using any of the alternative methods provided  for by state or local law.  States and  districts cannot apply different rules, or apply the same rules differently, to  children based on their or their parents’ actual or perceived race, color,  national origin, citizenship, immigration status, or other impermissible  factor.  All students must be treated  equally.4

A  district should review the list of documents that can be used to establish  residency to ensure that the documents required would not unlawfully bar or  discourage a student who is undocumented or whose parents are undocumented from  enrolling in or attending school.

### Q - 4.  Can a homeless child, including an undocumented  homeless child, ever be required to show residency in a district in order to  enroll in a district school?

**A  - 4.**  No.  Even  where a district has valid proof of residency requirements, it must exempt from  those requirements all children and youth who are considered homeless under the  Federal McKinney-Vento Homeless Assistance Act.  These children and youth have a right to  enroll in school, even if their families cannot produce the documents that  would otherwise be required to prove residency.

The McKinney-Vento Act defines the term “homeless  children and youth” as including, in part, “children and youths who are sharing  the housing of other persons due to loss of housing, economic hardship, or a  similar reason; are living in motels, hotels, trailer parks, or camping grounds  due to the lack of alternative adequate accommodations; are living in emergency  or transitional shelters; are abandoned in hospitals; or are awaiting foster  care placement,” as well as children of migratory agricultural workers.  Additional information regarding the  McKinney-Vento Homeless Assistance Act is available at www.ed.gov/programs/homeless/guidance.pdf.

### Q - 5.  The Dear Colleague letter issued on  May 6, 2011, states that  a “school district may require a birth certificate to ensure that a student  falls within state- or district-mandated minimum and maximum age requirements;  however, a district may not bar a student from enrolling in its schools based  on a foreign birth certificate.” Does that mean that providing a child’s birth  certificate is necessary to enroll in or attend school?

**A  - 5.**  No. The Dear Colleague letter does not suggest  that states or districts must or should require a birth certificate.  Furthermore, state laws setting forth  enrollment requirements typically either make no mention of birth certificates,  or expressly permit parents to provide alternative documents to demonstrate  that a child meets a school district’s age requirements to enroll.  Depending on the state or district,  alternative documents could include, but are not limited to:  a religious, hospital, or physician’s  certificate showing date of birth; an entry in a family bible; an adoption  record; an affidavit from a parent; previously verified school records; or any  other alternative document permitted by law.  School districts should make parents aware of  any alternatives that exist as part of their efforts to ensure a welcoming and  inclusive environment for all students.

Requests for documents such as birth certificates must  not unlawfully bar or discourage a prospective student from enrolling and  attending school, including a student who is undocumented or has parents who  are undocumented, or a child or youth who is homeless as defined by the  McKinney-Vento Homeless Assistance Act (see Q-4, above).  Requests for documentation also may not  discriminate, or have the effect of discriminating, on the basis of race,  color, or national origin.  All students  must be treated equally in the enrollment process.

A district, moreover, should not use a student’s birth  certificate or other documentation provided by a parent as a basis for  inquiring into the immigration status of the student, his or her parents, or  other family members.  Such requests  would likely have a discouraging effect on the enrollment of a student on the  basis of immigration status.

### Q - 6.  What if a parent is reluctant to provide a  copy of his or her child’s foreign birth certificate, fearing that doing so  would lead to questions about the child’s or the parent’s immigration or  citizenship status?

**A  - 6.**School districts  are encouraged to take proactive steps to educate parents about their  children’s rights and to reassure them that their children are welcome in  district schools.  For example, state laws  typically permit a district to use a variety of documents to establish the age  of a child.  A district should publicize  that it will use a foreign birth certificate, baptismal record, or alternative  document in the same manner that it will use a United States birth certificate,  baptismal record, or alternative document:  that is, solely to establish the age of a  child.

As previously emphasized, a district must apply its rules and standards for documentation of age or residency in the same way to everyone,  regardless of race, color, national origin, citizenship,
or immigration  status.   A foreign-born child who is unable or unwilling to furnish a birth certificate  should have the same options to enroll in school and should be treated no  differently than a United States citizen child who does not  have or otherwise may not be able to produce a birth certificate.

### Q - 7.  In light of the Dear Colleague letter, should  districts refrain from asking for students' social security numbers?

**A  - 7.**  The Federal government does not prohibit  states or districts from collecting the social security numbers of prospective  or current students.  States and local  school districts must decide, however, whether they have a legally permissible reason  to collect this information.  If they  choose to collect social security numbers, they must follow Federal laws  regulating the use of that information.  For  example, under governing Federal laws, if a district requests social security  numbers, it must inform individuals that the disclosure is voluntary, and must  explain both the statutory or other basis for seeking the numbers and how the  district intends to use the numbers.  *See* Privacy Act of 1974, Pub. L. No.  93-579, § 7, 5 U.S.C. § 552a (note), available at  http://www.ssa.gov/OP_Home/comp2/F093-579.html.

As the Dear Colleague letter makes clear, a district  cannot deny enrollment to a student if he or she (or his or her parent) chooses  not to provide the student's social security number.5  Districts have alternatives to requesting  social security numbers.  For example, a  district seeking to have student identification numbers could decide to assign  a randomly selected number to each student.  In this way, the state or district would avoid  any chilling effect that a request for social security numbers may have on the  enrollment of students because of their race, color, national origin,  citizenship, or immigration status.

A school district that opts to request social  security numbers should make clear in all enrollment and registration  documents, including forms, websites, and communications with parents, that the  provision of the child's social security number is voluntary, and that choosing  not to provide a social security number will not bar a child's enrollment.

### Q - 8.  How can a**school** district distinguish between (a) information that it  should or must collect, and (b) information that it may not collect because  doing so may discourage enrollment or attendance?

**A  - 8.**There is typically only minimal information that a  district is required to collect under state law for a student to be able to enroll,  such as proof of age, immunization history, and residency within the district.  Both the state and the district must act in  compliance with the Constitution and valid Federal or state laws, including their  obligations not  to discriminate, or implement policies that have the effect of discriminating,  on the basis of race, color, or national origin.   In doing so, states and  districts should also assess their current policies to determine whether they  are doing anything that may have the effect, albeit unintended, of discouraging  the enrollment of undocumented children, such as  asking for immigration papers or social security numbers.  Such practices and policies, once identified,  should be changed to eliminate any possible chilling effect on enrollment.

### Q - 9.  In order to avoid discouraging enrollment,  should a **school** district enroll any child  who comes its way and ask for documentation later, after the child is enrolled?

**A  - 9.**As noted above,  school districts might require that prospective students furnish proof of  residency in a district and/or age prior to enrollment, except for any children  and youth who are considered homeless under the Federal McKinney-Vento Homeless  Assistance Act.  However, districts may  also choose to wait until students are already enrolled before asking for any  additional documentation that may be required under state or Federal law, such  as student demographic data.  By choosing  to wait to collect additional information, districts may create a more welcoming  and inclusive atmosphere for all prospective students.  Requests for documentation must not  discriminate, or have the effect of discriminating, on the basis of race,  color, national origin, citizenship, or immigration status.

### Q - 10.  Once in possession of personal information  about a student, are there circumstances when a **school** district may disclose that information from a  student's education records without the consent of the student or a parent?

### Q - **11**.  How should a school district communicate the requirements for  enrollment with parents who have limited proficiency in English?

**A  – 11.**For limited  English proficient parents of a student seeking to enroll in a school, a  district must meaningfully communicate material information about enrollment – *e.g.*, translate a document into  languages other than English and have some method of responding to those  parents' questions – as required by Title VI of the Civil Rights Act of 1964,  42 U.S.C. § 2000d, and the Equal Educational Opportunities Act, 20 U.S.C.  § 1703.  Material information could  include alternative means to establish state-permitted residency and age  requirements, if any.  If a district asks  for a social security number, material information would also be the fact that a  district cannot deny enrollment to a student if he or she (or his or her parent  or guardian) chooses not to provide a social security number.

## Additional  Proactive Support Measures That States and Districts Can Take

### Q - 12. What can  schools do proactively to show parents that their children are welcome,  regardless of their immigration or citizenship status?

**A  - 12.**  The Dear  Colleague letter encourages states and districts to review enrollment policies  and practices carefully to make sure they are consistent with the law and do  not have a chilling effect on the willingness of parents to enroll their children.   Any problems should be corrected.
  In addition, the U.S. Departments of Education and  Justice encourage districts to be proactive in notifying parents of their  rights to send their children to public school.  For example, districts can conduct outreach to  communities to inform parents that all students who are residents in the  district are welcome to attend the district's schools.

### Q - 13.  Should districts provide  staff training on how to avoid violating the law in this area?

**A - 13**.  Staff training at the school and district  level is encouraged.  Ultimately, the  state and district have the legal responsibility to ensure that they are  complying with Federal law.  Staff  training helps facilitate that compliance.

### Q - 14.  What is the role of State Educational  Agencies (SEAs) in ensuring that students are not improperly excluded from  school?

**A  - 14.**  The Dear  Colleague letter issued May 6, 2011, is intended to remind both districts and states  of their obligations under existing law.  As recipients of Federal funds, SEAs are  responsible for monitoring compliance with Federal anti-discrimination laws.  Because laws regarding school enrollment,  including requirements for proof of age and residency, vary from state to  state, this is an area in which leadership from SEAs is needed and can be  particularly effective.  SEAs are  encouraged to review existing practices and policies and to assist their  districts in understanding the types of practices that will comply with state  requirements regarding school enrollment without violating constitutional and  Federal anti-discrimination requirements.  Specifically, SEAs should work to ensure that  their school districts' enrollment practices do not unlawfully discourage or  bar students, including students who are undocumented or have parents who are  undocumented, from school.

Revised as of July 2012.



1 For purposes of this guidance, the term “enrollment” also means registration, matriculation, or attendance in school. 2 This  Questions and Answers document accompanies the Dear Colleague letter on the  Rights of All Children to Enroll in School, issued by the U.S. Departments of  Education and Justice on May 6, 2011.   This document has been updated to respond to additional questions  received since the Dear Colleague letter was issued. 3 For purposes of this guidance, the term “parent” also means guardian or  other responsible person under state or local law.4 Title IV of the Civil Rights Act of 1964, which is enforced by the  Department of Justice, prohibits school districts from taking actions that deprive  students of equal protection of the laws.   Title VI of the Civil Rights Act of 1964, which is enforced by the  Department of Education, and by the Department of Justice upon referral from a  Federal funding agency or through intervention in an existing lawsuit,  prohibits discrimination on the basis of race, color, or national origin.5 Similarly, a school district cannot deny a  student enrollment if his or her parent chooses not to provide his or her own  social security number.

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