Schools told not to spurn illegals
By HEATHER APPEL, STAFF WRITER | 09/08/08 02:01 AM
Faulted for asking for citizenship proof

Some local school districts are reevaluating their enrollment procedures after the American Civil Liberties Union of New Jersey found that many improperly asked parents for Social Security numbers or other citizenship documents to enroll their children.

Thirteen Passaic County districts were listed as "serious offenders" and received letters early last week informing them of federal and state laws that prohibit schools from asking for Social Security information.

Schools may require proof that a child resides in the district, but under a 1982 Supreme Court ruling they are not allowed to request information that would reveal a child's or parent's immigration status. The decision said that all children have a constitutional right to a free public education, regardless of immigration status.

"It's a fundamental principle - and good public policy - that children in kindergarten through 12th grade, regardless of status, have a right to education, which benefits our economy," said Shai Goldstein, director of the New Jersey Immigration Policy Network.

In July and August, ACLU staff and volunteers surveyed districts around the state about their enrollment requirements. Out of 516 that responded, 139 illegally required information that would reveal the immigration status of students, the ACLU reported. Another 48 suggested that immigration information would be helpful in the registration process.

In releasing its findings, the ACLU also wrote to Education Commissioner Lucille Davy with the survey results and urged her to monitor compliance with the law.

Local districts said they have the correct policies in place, but some individual staff members may not have gotten the message.

Both Paterson and Passaic, districts with large immigrant populations, were reported to have asked for Social Security numbers. Zaida Padilla, an affirmative action officer for the Paterson schools, said staff members are aware that they should not ask for that information. "If there is any parent that is requested that, we'd like to know about it, and we'll take corrective action right away," Padilla said.

Passaic Superintendent Robert Holster said he was calling a meeting with the principals and administrators this week to reassure himself that everyone knew the policy. "Historically, I have made it very clear that we do not ask for immigration status, nor do we ask for a Social Security number as a formality for registration," Holster said.

North Haledon and Pompton Lakes schools were identified as "repeat offenders." They were notified after a similar survey in 2006 that they were violating the law, and then again this year. North Haledon Superintendent Donna Cardiello said her office was surprised by the findings. "We were looking at our forms and looking at our forms, saying, 'What are we missing here that they're picking up on?'" said Cardiello. The district revised a form for bilingual students that contained a word about citizenship after receiving the letter last week from the ACLU, Cardiello added.

Pompton Lakes administrators did not return calls for comment Friday.

Diana Autin, co-director of the Statewide Parent Advocacy Network, or SPAN, a resource and advocacy center for parents, said her organization received calls from some parents earlier in the year about what they are required to provide to the schools. In many cases, parents don't know who to ask for help, Autin said, and that may hinder their access to the public schools.

"Undocumented immigrant parents aren't going to call anybody," Autin said. "They're just going to be intimidated and afraid, and they're going to walk away."

In most districts, the problem was not the forms, said Deborah Jacobs, ACLU-NJ executive director. When volunteers called to find out how to register a student, the person who answered the phone often gave wrong information. In Ringwood, for example, a secretary answered and told the caller she "should absolutely bring immigration papers," Jacobs said.

Ringwood Superintendent Patrick Martin said he was frustrated that the letter from the ACLU did not specify the source of the problem, but said that "if in any way there's a misstep and somebody brings it to our attention, we quickly work to correct it."

Jacobs said her office has heard from many superintendents, wanting to know where the breakdown in communication happened. ACLU staff were able to share with those administrators more detailed information on the date they called and whom they spoke to.

"When administrators say, 'We don't really know where the problem lies,' it's very clear to me that the problem lies in training the people who respond to these questions," Jacobs said. "If you don't know the answer to these questions, you shouldn't answer."

Goldstein said it was troubling that so many districts were not complying with the law.

"This is not something new," Goldstein said, "And that there are still districts engaged in the practice is cause for concern, even if just one district is doing it."

Goldstein said he hoped the New Jersey Department of Education would step up its enforcement of the law and explore sanctions against districts that violate it.

Kathryn Forsyth, a spokeswoman for the Department of Education, said the commissioner was sending letters to all the districts identified as violating the law, telling them to "cease immediately." The department plans to monitor the districts' behavior itself and may consider withholding state aid to districts that don't comply with the law, Forsyth said.


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