TRENTON, N.J. — There’s good news and bad news in New Jersey. School choice is a go. The Democrats in Trenton have done it this time. In their quest to be the most woke state in the country, they have inadvertently made the state a school choice state.
Students will no longer be required to show proof of age, residency, or citizenship status to enroll in public school in New Jersey.
That means your child can now attend any school in the state without showing any forms of identification or proving that they live in the district.
That is, if you child is an illegal migrant. Legal citizens could still face scrutiny and punishment.
The bad news is that your local school district is now being forced to take in children without knowing for certain who they are.
The New Jersey Department of Education (NJDOE) has issued new directives instructing schools statewide to stop requiring certain documents during the enrollment process that could potentially expose the immigration status of new students. In a memorandum dated August 7, 2024, Assistant Commissioner Kathy Ehling informed local educational agencies (LEAs) that schools should no longer ask for social security numbers, birth certificates, or other sensitive information when enrolling students. This move is intended to ensure that no child is denied access to public education based on their or their family’s immigration status.
The memo is part of a broader effort by the NJDOE to align with federal and state laws that protect the rights of undocumented students, ensuring compliance with the U.S. Supreme Court’s 1982 ruling in Plyler v. Doe and subsequent federal guidance issued by the U.S. Department of Education (USED). The Plyler v. Doe decision established that public schools cannot exclude students from attending based on their immigration status. In a 2023 letter, the USED reiterated that schools must refrain from practices that could indirectly reveal a student’s undocumented status or discourage enrollment.
“New Jersey’s public schools serve all children, regardless of their immigration status,” Ehling wrote in the memo. “Our responsibility is to provide a welcoming and accessible learning environment for all students and families.”
Prohibited Enrollment Practices
According to the NJDOE memo, schools are now explicitly prohibited from requiring students to submit several types of documentation during the enrollment process, including social security cards, birth certificates, or proof of citizenship. These documents, officials say, can often be difficult or impossible for undocumented families to obtain, creating unnecessary barriers to education. New Jersey state law also protects the right of students to enroll in school, barring districts from implementing policies that could deny access based on immigration status.
Under New Jersey Administrative Code (N.J.A.C. 6A:22-3.3), public schools must admit all students between the ages of 5 and 20 who are domiciled in the district or otherwise entitled to attend, regardless of their immigration or visa status. The only exception to this rule applies to students on F-1 visas, who may face specific restrictions.
In the past, some schools requested documentation like social security numbers, which led to concerns that families may be deterred from enrolling their children due to fears over their immigration status being exposed or questioned. Additionally, birth certificates were often required to verify a student’s age, but the new directive states that if a birth certificate is not available, schools must accept other forms of documentation and cannot refuse enrollment.
Federal and State Protections
The NJDOE memo follows years of legal precedent aimed at ensuring that all children, regardless of their immigration status, have access to public education. In Plyler v. Doe, the U.S. Supreme Court ruled that denying public education to undocumented children violates the Equal Protection Clause of the 14th Amendment. Since that ruling, federal and state guidelines have emphasized that students cannot be discriminated against based on their immigration status.
The 2023 letter from the U.S. Department of Education’s Office for Civil Rights (OCR) and the U.S. Department of Justice’s Civil Rights Division provided examples of enrollment policies that school districts must avoid. The letter explicitly stated that schools cannot require parents or guardians to disclose their immigration status or that of their children, nor can schools engage in practices that might discourage enrollment, such as requesting specific forms of documentation tied to citizenship or residency.
The NJDOE memo also references state regulations under N.J.A.C. 6A:22-3.4, which prohibit making enrollment conditional upon the receipt of certain documents. This means that schools cannot deny admission to students if their parents or guardians are unable to present documents such as a social security card or power of attorney forms related to guardianship. Schools are permitted to request proof of residency in the district, but they cannot demand a specific type of residency proof, such as a lease or utility bill.
Clarification on Immigrant and Migrant Students
In addition to the directives regarding documentation, the NJDOE provided clarification on the distinction between immigrant and migrant students, two categories that are sometimes mistakenly conflated. The memo defines immigrant students as those who were not born in the United States and have not attended schools in the U.S. for more than three academic years. This definition is based on the Every Student Succeeds Act (ESSA) of 2015.
By contrast, migrant students are defined under ESSA Section 1309(2) as those who, along with their families, have moved between school districts within the previous three years due to temporary or seasonal work in agriculture, fishing, or related industries. Migrant students are typically identified through the National Certificate of Eligibility (COE), which schools are required to maintain on file.
Enrollment of Unaccompanied Immigrant Children
The NJDOE memo also addresses the enrollment of unaccompanied immigrant children, who often face unique challenges. These children, who enter the United States without a parent or guardian, are usually placed in shelters operated by the Office of Refugee Resettlement (ORR) under the U.S. Department of Health and Human Services (HHS). Upon their release from ORR custody, unaccompanied children are provided with a Verification of Release (VOR) form and an identification card.
Schools are instructed to accept the ORR’s VOR form or card as proof of residency or age for purposes of enrollment if presented by an unaccompanied child or their sponsor. The memo also outlines procedures for accessing a child’s immunization records, noting that written requests can be submitted to ORR to obtain these records. The NJDOE emphasizes that schools should facilitate the enrollment of unaccompanied children in a manner that supports their transition into the school system without unnecessary obstacles.
Guidance on Foreign Immunization Records
Additionally, the NJDOE and the New Jersey Department of Health (NJDOH) provided guidance on handling foreign immunization records. School districts are encouraged to accept foreign immunization records, provided that they meet the state’s immunization requirements. The NJDOH allows any individual to translate foreign immunization records, as long as the translation is accompanied by the translator’s printed name and signature. Schools are not required to obtain a translation from a healthcare provider.
For families that need assistance with translation services, the NJDOE has developed a resource list of available services in each county, many of which offer low-cost or free options.
Ensuring Equal Access to Education
The NJDOE’s memo underscores the importance of ensuring that all children, regardless of immigration status, can access public education without fear or unnecessary hurdles. The department is committed to ensuring that schools across the state comply with both state and federal laws, which mandate that public education must be available to all children.
For more information, schools and parents can contact their local Executive County Superintendent of Schools or the NJDOE’s Office of Supplemental Educational Programs. Schools with questions regarding health-related requirements may reach out to the Office of Student Support Services for clarification.
