Rye, Blind Brook Schools Update 'Unconstitutional' Registration Requirements

In response to a recent report that found that 20 percent of school districts around the state have unconstitutional enrollment requirements, two local districts have modified their policies for screening incoming students.

The New York Civil Liberties Union identified the Rye and Blind Brook school districts among 139 districts in New York —and 14 in Westchester County—that asked for the Social Security numbers of children who were in the process of enrolling. Federal and state law prohibit schools from asking for any information that could reveal the immigration status of a child or parent.

"Requiring proof of a child's immigration status in order to register for school creates an impermissible barrier that prevents some children from exercising their right to an education," said NYCLU Advocacy Director Udi Ofer. "We many never know how many children have been deprived of an education."

Federal law mandates a free public education for any child, regardless of his or her immigration status or that of the parents. A 1982 Supreme Court decision, Plyler v. Doe, acknowledged that undocumented students have a constitutional right to education and prohibited districts from having requirements that could discourage such students from seeking to enroll.

The NYCLU report spurred the State Education Department to issue a memo earlier this month to school officials clarifying aspects of the law and encouraging districts to review registration documents.

"Undocumented children, like U.S. citizen children, have the right to attend school full time as long as they meet the age and residency requirements established by state law," the memo reads.

Officials from the Rye and Blind Brook districts—which have student populations of 3,177 and 1,560 students, respectively—said they had reviewed registration policies and modified the forms that incoming students are required to complete.

Prior to the recent changes, Blind Brook had been asking for the Social Security numbers of both students and parents.

"Our policy has changed and we no longer ask for Social Security numbers for students or for parents," said Blind Brook Superintendent William Stark. "We did not believe at the time that we were out of compliance."

"We were not trying to establish a policy where we are an unwelcoming district. If it's brought to our attention that we're not in compliance, or it can be interpreted as such, then we look at it and deal with it," he added.

Enrollment forms for Rye City Schools also asked for Social Security numbers for incoming students. Superintendent Edward Shine said the forms, and the district's website, were updated after the state sent the memo. He added that even when the district asked for information related to citizenship, it was not in an attempt to root out undocumented people.

"We made it clear at the time [before the forms were modified] that no one had ever been denied admission based on those requests" for Social Security numbers, Shine said. "We've never asked for Social Security numbers [specifically], but for identification because we need to know who people are, not where they're from or their citizenship status."

NYCLU Executive Director Donna Lieberman acknowledged that most districts do not have bad intentions in asking for the information.

"Though some of these school districts undoubtedly seek to exclude immigrant children, many of the offending districts are surely unaware that their registration requirements are discriminatory," she said.

In addition to Rye and Blind Brook, local districts identified in the NYCLU report included Rye Neck, Mamaroneck, Pelham, Tarrytown and Harrison.