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Schools illegally request proof of students' immigration status
Wednesday, August 30, 2006
BY JOHN MOONEY
Star-Ledger Staff
It was usually a secretary over the phone who said a child would need a Social Security card to register for school. Other districts said outright that proof of a child's immigration status was required to enroll.

And a couple of districts put the documentation requirements right on their forms or Web sites.

But demanding such information is illegal, a clear violation of state and federal rules that prohibit schools from even asking a child's immigration status, officials said.

The findings were released yesterday in a survey by the New Jersey chapter of the American Civil Liberties Union, which said one in four districts surveyed had made such improper demands.

Follow-up by the ACLU has led a majority of the districts to correct their procedures, the group said in the report.

But a handful had not -- at least not until yesterday.

"If it's there, it shouldn't be," said Michael Roth, superintendent of the Chester schools, where a Social Security card remained listed on its Web site as a registration requirement. "We will remove it."

The ACLU conducted the survey of 224 districts over the winter, saying it was responding to complaints from parents. It also comes at a time when the standing and influence of the nation's rising illegal population remains in full debate.

Either in phone conversations or in documents, 57 districts made specific requirements for either Social Security cards or other corroboration that would indicate immigration status, the ACLU said.

All were contacted again, and 36 responded they would correct their forms and retrain staff to follow the law. But the remaining 21 districts either denied the problem or did not respond, the ACLU reported.

Among those cited by the ACLU as failing to respond adequately were Ridgefield Park, Ridgewood, Irvington, High Bridge, Holland Township and Mount Olive. ACLU officials said even the threat of such requirements can have a chilling effect on families already living in the shadows in this country.

"The fact that one quarter of schools in our survey illegally require such information is particularly disconcerting given that the law is so clear," said Ed Barocas, the ACLU legal director in New Jersey.

Among those not responding to the ACLU follow-up was Long Hill. The superintendent of the district in Morris County yesterday agreed the requirements should never have been included on enrollment forms.

"No child has ever been denied an education in our town, for any reason," said Superintendent Arthur DiBenedetto, a self-professed ACLU member. "I have told them to take it off the forms."

DiBenedetto said he hadn't found the time to respond formally and then added: "Tell the ACLU there are a lot more important things to be dealing with."

State officials yesterday were emphatic about districts' responsibilities.

"The law is very clear," said Jon Zlock, a spokesman for the state Department of Education. "It is something we take very seriously. When and if we find that a child may have been excluded, we look into it and pursue it aggressively."

The ACLU wants the state to do more and sent a letter yesterday demanding it issue a formal directive to districts and follow up with monitoring for compliance. Currently, state officials said, districts are regularly reminded of the registration rules and required to include them in staff training.