Mamaroneck Ordered to Enroll Immigrant Student Tuition-Free

MAMARONECK, NY — The state said the Mamaroneck Union Free School District must allow a 16-year-old immigrant student to enroll in a district without paying tuition.

The state Commissioner of Education issued the decision this week that the child, identified as C.M., has the right to enroll at Mamaroneck High School after moving with his family from New Rochelle to Larchmont earlier this year.

The district had denied C.M. tuition-free access to the high school, saying that his middle school education in Guatemala was the highest level of compulsory education offered in that country—equivalent to a high school education—and therefore was not eligible to attend the high school for free.

The student moved from New Rochelle into the Mamaroneck district during the 2015-16 school year his siblings were allowed to enroll their respective schools, but C.M. was not.

The school district said “Based upon the information you provided, it appears that C.M. has previously graduated from the highest level of compulsory education offered in Guatemala. Accordingly, C.M. is not entitled to attend Mamaroneck High School tuition free.” and then cited an appeal that stated education law said district are only allowed to enroll “resident” students who have not previously graduated.

“All children in New York have a right to learn and pursue the American dream,” said NYCLU Staff Attorney Jordan Wells. “Districts across the state should heed the commissioner’s decision and recognize that immigrant children have the same right to attend school as all other children.”

Patch reached out to the Mamaroneck school district for comment, but no response received.

In her decision, the commissioner cited state education law which says that “[a] person over 5 and under 21 years of age who has not received a high school diploma is entitled to attend the public schools maintained in the district in which such person resides without the payment of tuition.”

In May, the state education commissioner issued an interim order requiring the district to enroll the student.

At the time, the district complied and the student was enrolled but said it was awaiting a final determination.

C.M.’s mother, Aura Melgar said the process has been difficult for her family.

“But this decision will help very much because my son’s education has a great impact on his future,” she said.

“Hopefully this decision will make the district rethink its actions and provide education to all students without discriminating,” Melgar said.

Photo credit: Patch file photo.