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For Immediate Release
August 29, 2006
NEWARK, N.J. -- The American Civil Liberties Union of New Jersey today called on the state Department of Education to put an end to school practices that violate state and federal laws by requiring that parents who wish to enroll their children in public school provide private information about them, such as their Social Security numbers. This practice has the most chilling effect on immigrant students seeking to register for school.
The ACLU-NJ in a nine-month survey project found that one in four New Jersey public schools illegally requested Social Security numbers or asked about other information that would reveal the immigration status of children seeking to enroll in school. New Jersey law and a 1982 U.S. Supreme Court ruling prohibit these practices.
"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 ACLU-NJ Legal Director Ed Barocas.
Based on the pervasiveness of the problem, the ACLU-NJ sent a letter today to the New Jersey Department of Education to apprise the agency of this illegal practice and demand corrective action.
Specifically, the ACLU-NJ called on the state Department of Education to:
- Issue a formal, written directive to all school superintendents in New Jersey reminding them of the law;
- monitor compliance;
- require school districts to train frontline school personnel who handle such inquiries from parents of prospective students; and
- require school districts to revise all registration forms, including information posted on Web sites, so they comply with the law.
As the high percentage of noncompliant schools became apparent, the ACLU-NJ also reached out to the Department of the Public Advocate for assistance. "We are hopeful that with the support of the Public Advocate and the Department of Education, this matter will be rectified shortly," Barocas said.
Because families turned away from schools are often unaware of their rights or how to assert them, the ACLU-NJ also requested that the Department of Education require that school districts by no later than the next school year (2007-2008) provide parents with a bilingual (English/Spanish) fact sheet, which would inform parents of their legal rights; specifically point out that the demand for Social Security numbers is illegal; and note that immigration status has no bearing on a child's ability to enroll in school.
"Every child in New Jersey has a right to public education," said Barocas, "and it is in our society's best interest to ensure that they go to school and get an education."
Prompted by complaints from concerned parents, the ACLU-NJ launched an investigation that took place from December 2005 to August 2006, surveying a sample of schools across the state to determine whether they request such information from parents who seek to register their children for school.
The ACLU-NJ project team, made up of volunteers and staff members, called and made contact with 224 school districts in 16 counties throughout New Jersey and found that 57 school districts -- one in four -- illegally required Social Security numbers or asked about the immigration status of students seeking to enroll.
The ACLU-NJ sent letters to these noncompliant school districts in February 2006 and April 2006 to remind them of the law and ask that they no longer require Social Security numbers or other proof of immigration status for children seeking to enroll in school.
In its letters to school districts, the ACLU-NJ also requested that the districts' demands for Social Security numbers or information about immigration status be removed from enrollment forms and that administrative staff who handle such inquiries be trained about the law.
Of the 57 noncompliant schools, nearly two-thirds responded by saying they would amend their forms or retrain staff. Thirteen schools (23 percent) denied ever asking for Social Security numbers and another eight (14 percent) schools did not respond to ACLU-NJ letters.
In addition, the ACLU-NJ found repeated instances in which school districts posted erroneous information on their Web sites. A few schools that denied ever requesting Social Security numbers or said they had corrected their forms still have such illegal requests posted on enrollment forms on their Web sites.
The ACLU-NJ will continue to monitor any complaints from parents who report being required to produce Social Security numbers or other information that reveals immigration status in order to enroll their children in public school.
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