Undocumented students in New York have a right to a public education and schools must enroll all kids immediately regardless of whether they can prove residency.
That was the strong-worded message — a warning, really — issued Monday by the New York State Attorney General’s Office and the state Education Department.
“Our offices write to remind school administrators that all children and youth in New York between the ages of 5 and 21 have the right to a free public-school education, regardless of immigration status, language proficiency, or whether the student is living in a shelter, migrant camp, or other temporary housing,” said their joint guidance.
The letter, signed by Attorney General Letitia James and Commissioner of Education Betty Rosa, acknowledged concerns some schools have raised about being able to accommodate new students as a result of the influx of migrant families New York has seen in recent months.
On Thursday, Gov. Kathy Hochul called on President Joe Biden to provide federal housing vouchers and other support for migrants as well as support for local schools. She said more than 100,000 asylum seekers have come to New York in the last year.
The letter to educators made clear that migrant students are entitled to an education under both federal and state law. James and Rosa said schools are required to immediately enroll migrant children and those living in temporary housing or who are unhoused, regardless of whether the student can provide residency, immunization or school records.
“This immediate-enrollment requirement applies to all students who share another’s home out of necessity or who sleep in camps, shelters, public spaces, vehicles, substandard housing, or similar spaces,” the letter said.
Schools may require such documents but public schools can’t deny enrollment because a student can’t provide a specific kind of proof, James and Rosa said. Schools can request documents when they become available but they can also consider different…
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