Immigrant Students' Rights offered at Office of the Superintendent of Public Instruction

Ensures immigrant students' right to attend school, regardless of their documentation status or the documentation status of their parents. Undocumented students are obliged under state law to attend school until they reach a mandated age. Public schools may not:

• Deny admission to a student during initial enrollment or at any other time on the basis of undocumented status.
• Treat a student differently to determine residency.
• Engage in any practices to "chill" the right of access to school.
• Require students or parents to disclose or document their immigration status.
• Make inquiries of students or parents that may expose their undocumented status.
• Require Social Security numbers from all students, as this may expose undocumented status.

Students without Social Security numbers should be assigned a number generated by the school.   Adults without Social Security numbers who are applying for a free lunch and/or breakfast program on behalf of a student need only indicate on the application that they do not have a Social Security number.   School personnel -- especially building principals and those involved with student intake activities -- should be aware that they have no legal obligation to enforce U. S. immigration laws.