Public schools were issued firm guidelines by the Obama administration to ensure that all children are entitled to a public education regardless of their immigration status in the United States, CNN reported.
Even though legal guidance from the Justice and Education departments allows school districts and states to ask for proof of students' age or whether they are residents in the jurisdictions where they attend school, proof of citizenship or blocking students from enrolling if parents cannot prove their legal residency is not legal behavior.
Attorney General Eric Holder and Education Secretary Arne Duncan said Thursday that despite "guidance" to schools in 2011 detailing educators' responsibilities on enrolling children, "we have continued to hear troubling reports of actions being taken by school districts around the country that have a chilling effect on student enrollment, raising barriers for undocumented children and children from immigrant families who seek to receive the public education to which they are entitled."
States were ordered to provide education to any child living in their jurisdiction by a 1982 Supreme Court decision, Holder said.
"Public school districts have an obligation to enroll students regardless of immigration status and without discrimination on the basis of race, color, or national origin," the attorney general said.
The guidelines issued Thursday stated that schools were required to be flexible about the proof of residency they can ask of parents.
"Administrators can ask for utility bills or apartment lease agreements to show a student lives in the district where they are attending school," CNN reported. "They may ask for a parent's driver's license. But only to establish residency, not to determine legal immigration status, the guidelines say."
"They also may ask for legal certification to show a child's age. But schools can't turn away students who can't provide a birth certificate or whose parents refuse to provide a Social Security number for the child or parent."
Although legal guidance was issued by the Obama administration to states and school districts in 2011, some problems have continued to persist.
"We want to be sure every school leader understands the legal requirements under the Constitution and federal laws, and it is our hope that this update will address some of the misperceptions out there," Education Secretary Arne Duncan said in a statement.
The rules also are intended to help remove hurdles for children who are homeless and whose parents may not be able to prove their residency in a school district, the departments said.
