With recent changes in immigration policies and procedures, many families, including those in Livingston Manor, have raised concerns over the rights of immigrant students in schools.
To help answer some of those questions, we share this list of frequently asked questions regarding those rights, originally presented by Liberty Central School District and adjusted for Livingston Manor.
Does immigration status impact a student’s right to education in New York State?
No. Under New York law, all students ages 5 to 21 who have not received a high school diploma are entitled to a free public education in the district in which they live. Livingston Manor Central School will not refuse admission to any student based on national origin, race, language proficiency, country of origin, immigration status, or any other legally protected characteristic.
Must a district immediately enroll migrant students?
Yes. Consistent with law, the district will immediately enroll migrant students, even if they lack proof of residency, immunizations, school records, or other documents typically required for registration. The district may allow students who are from out of state or county to attend school for up to 30 calendar days if the student does not have immunization documentation but there is evidence of a good faith effort to obtain immunizations.
Are there any documents a district may not ask for when a student seeks to enroll in one of its schools?
Yes. Districts may not request a Social Security Card or number, or any information that would reveal immigration status of the student or the student’s parent/guardian or person in parental relation at the time of enrollment.
What will LMCSD do if it receives a request from an ICE or other law enforcement officer to access student records?
Absent parent/guardian or eligible student (age 18 or older) consent, the district may only release student records to an ICE or other law enforcement officer where the officer has a court order or a lawfully issued subpoena. If LMCSD is legally required to disclose student records, the district will attempt to notify the parent/guardian or eligible student of the court order or subpoena before disclosing the records (unless the court order or subpoena prohibits the district from doing so).
What will LMCSD do if an ICE or other law enforcement officer demands to question a student on school property and/or remove a student from school property?
Generally, ICE and other law enforcement officers may only question a student on school property or remove a student from school property (1) where they have a lawfully issued warrant providing court-authorized access to a student; (2) with consent from a parent/guardian; or (3) if the student is accused of committing a crime on school property and school or LMCSD personnel invite law enforcement officers to investigate. If none of these criteria are met, the district will not permit officers to speak or access the student on school property.
What happens if a student is being harassed, bullied, or discriminated against based on their actual or perceived immigration status?
Federal law, New York State law, and LMCSD policy prohibit harassment, bullying, and discrimination based on actual or perceived race, color, national origin, ethnic group, citizen or immigration status, and any other legally protected characteristic. Consistent with the district’s Dignity for All Students Act Policy, Livingston Manor is committed to creating a school environment free from harassment, bullying, and discrimination. If the district receives information that harassment, bullying, or discrimination has or is occurring, it will investigate the situation and discipline offenders consistent with district policy.