New Rules Adopted As AG’s Office Continues To Work With NYS Department of Education To Address Concerns Related To Unaccompanied Minors And Undocumented Youth
NEW YORK – Attorney General Eric T. Schneiderman today released the following statement supporting the New York State Board of Regents’ approval of an amendment to the New York State Education Commissioner’s Regulation. The revised regulation will help ensure equal educational opportunity for all students seeking to enroll in New York State schools regardless of immigration status.
Attorney General Schneiderman said, “Schoolhouse doors must be open to every student in our increasingly diverse state, regardless of their immigration status—and there is simply no excuse for denying children that basic, constitutionally protected right. The Board of Regents’ emergency regulation will help eliminate significant barriers faced by unaccompanied minors across the state.”
The Board of Regents today adopted a revised version of New York State Education Commissioner’s Regulation 100.2(y). The adoption of the regulation marks a significant development as the Attorney General’s Civil Rights Bureau and the New York State Education Department continue their joint review into enrollment policies and procedures of school districts across New York State. More information about the joint review is available here.
The emergency regulation was adopted to help bring greater clarity and uniformity to districts across the state with respect to their enrollment and registration processes. Materials presented to the Board of Regents providing a basis for the amended regulation note: “some school districts are refusing to enroll unaccompanied minors and undocumented youths if they, or their families or guardians, are unable to produce documents sufficiently demonstrating guardianship and/or residency in a district. Such enrollment policies, as well as highly restrictive requirements for proof of residency, may impede or prevent unaccompanied minors and undocumented youths from enrolling or attempting to enroll in school districts throughout the State.” The amended regulation expressly prohibits school districts, at the time of or as a condition of enrollment, from inquiring about the citizenship or immigration status of students, or their parents or guardians. The regulation sets forth non-exhaustive lists of permissible documentation—including acceptable proof of residency, age, and guardianship documents—that districts may use to determine a student’s age and residency. The rule requires that such lists be disclosed to the public in the school district’s enrollment materials.
A copy of the emergency regulation can be found here.
This matter is being handled by Assistant Attorneys General Justin Deabler, Ajay Saini, Diane Lucas, Anjana Samant, Dariely Rodriguez, and Bureau Chief Kristen Clarke of the Civil Rights Bureau. Executive Deputy Attorney General for Social Justice is Alvin Bragg.
The Attorney General's Office is committed to ensuring access to equal educational opportunity. To file a complaint, contact the Civil Rights Bureau at (212) 416-8250, civil.rights@ag.ny.gov or visit www.ag.ny.gov.