slummymummy

This subject came up in another thread. (My oldest is starting Kindergarten this August and as I'm very curious about anything to do with school, I had to google a little...) According to what I found, it seems that in MA (and other states), schools are not allowed to ask about someone's immigration status.

"Can noncitizens attend public schools?

Noncitizens, including undocumented immigrants, can attend Massachusetts public schools. All children have the right to attend public schools and receive special education and other public school services regardless of the immigration status of the child or the child's family members.

No one in the school may ask about the child's or family's immigration status. Some school forms may ask for a Social Security number, but parents and students are not required to give this information."

http://www.massresources.org/public-...igibility.html

On our registration form it asks for where the child was born (the UK), when the child moved to the US (2 years ago) and if any other languages are spoken at home (swedish). I wonder if anyone will try to ask us about our immigration status. If they do will I politely but firmly tell them it's none of their business or will I be worried about upsetting the school administration and show them her US passport? I'd like to say the former but don't know if I would have the guts. Principles are for internet forums not for real life...

RICH

Schools are not equipped to deal with immigration issues. If a kid turns up, they should educate it, not question where it came from.

That is what border control is for. Oh. wait.

slummymummy

Has anyone else been asked about their immigration status by their kids school? I meant to say that the subject came up in another thread and one poster said that he was asked if the child was USC or had a visa, otherwise they would have to pay for school.

I didn't necessarily mean to discuss if this is right or not, I just wanted to know what the rules/laws are at the moment.

Pulaski

No, never, not in any way, shape or form.

McZaki

I'll let you, my son is 5 and chances are, they will pester him particularly because of his Scottish accent, and many other things.

I thought the public schools are 'free' for all in the US?

I understand that they ask for some 'favors' from time to time because of funding issues but you are not obliged to pay, right? At home, I'll tell them to piss off as they have a responsibility to make better use of my taxes and fulfill their obligations rather bank rolling the economy buster numb nuts at home and around the world, but I'm not sure if I would do that in the US as from what I've heard they are most likely to discriminate the children of 'rebels'.

scrubbedexpat099

Something that needs to be included in CIR.

Student visa holders do not get free state education.

AZ_Alba

Basically public schools cannot ask immigration status without possibly losing federal funding.

http://www.nytimes.com/2011/05/07/ed...mmig.html?_r=0

McZaki

Yep

Jerseygirl

Yes...I posted such in the other thread. It was 17 years ago and it was a private school. Had we refused...then maybe my daughter would not have gained a place at the school.

I seem to remember several years ago a law was passed that all illegal immigrant children should be allowed to go to school. Otherwise we would have a large group immigrants who were uneducated. The other reason given was that it wasn't the child's fault that he/she were in the US illegally. I can't remember if it was Federal law or not.

Non USC teachers also had to produce their GC/visas each year to renew their contract.

slummymummy

Interesting link Drew.Dean. So since 1982 all children regardless of immigration status has the right to go to school.

What this means for us is that there could be "undocumented children" in my daughters class-to-be. Not that I mind, I agree that it's not their fault that they're here and it would be worse for everyone I think if they were not in school.

Have not registered yet, will probably do next month, will report back if anything interesting comes up!

N1cky

I'm fairly sure we were asked at the first private school my daughter went to in LA, but not at the second, and we have never been asked at the public school in the Bay Area.

GeoffM

Just a question, not a judgement, but does it really matter if they ask or not? If you're legit, what's the problem?

FWIW DS's Kindergarten starting in September doesn't ask the question, at least not that I've noticed. Language is definitely asked everywhere here, probably because there is a reasonably high percentage of people who don't speak English at all.

Pulaski

The question is a spin off from the wording of B2 visas, which reportedly state, or imply, that you can't attend school on that class of visa. This is clearly in conflict with the federal requirement for children to be engaged in full time education until age 16. Hence the question as to whether it is possible for children to be in the country legally but not admissible to the public education system, and whether there is any sort of gatekeeper process that would even identify non-citizens on supposedly non-conforming visas, or not here legally?

IMO the requirement for children resident in the US to be engaged in full time education is absolute, and not curtailed by other laws, and the SCOTUS ruled, in 1982 if I remember correctly, that even children not in the country legally must be admitted to the public education system.

Michael

Register your children for next year as soon as registration is possible. In my last place, a new owner purchased my home 6 months before they were moving in because they wanted to register their children in the school district as soon as possible after registration started. Since the schools I my area map are ranked 10 out of 10 and can only handle a limited number of children, late registration can possibly cause a child to be placed in one of the other schools in the district with a lower ranking.

slummymummy

I asked partly because it came up in another thread (a family who were considering staying on B-2 visas), but it was mostly out of general interest and curiousity. Yes we are legit but I would rather not be asked if they're not supposed to!

Michael - thanks for your concern but around here everyone gets a place in the local school. They haven't even had their school tours etc so doesn't seem to be any rush.