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Ice on Immigration: School Enrollment Documentation

 

By L. Patricia Ice, Featured Columnist

 

Question:  I am an immigrant who recently moved to Mississippi from another state with my primary school aged children.  We live with my brother, who owns his home.  My family and I  are legally in the United States in valid visa statuses.  I recently tried to enroll my children into the public elementary school where we live and was told that they could not enroll because they do not have the proper documents to enroll.  What is required to enroll a child in school in Mississippi public school?

Answer:  United States federal laws state that:

1) public schools must provide equal education for all children, regardless of immigration status;

2) schools are prohibited from asking for documentation of a child's immigration status;

3) schools cannot use the social security number as a prerequisite for enrollment;

4) school personnel are prohibited from sharing any information about a child's immigration status with any individual or institution, including government agencies that enforce the immigration laws.

Mississippi laws state that at public schools:

1) in lieu of a birth certificate or other official document bearing the child's birth date or age, the child's parent, grandparent or custodian can submit a sworn affidavit as evidence of the child's age;

2) a child in grades 2 through 12 has sixty (60) days from the date of enrollment to produce evidence of age;

3) a child enrolling in kindergarten or first grade must present the required evidence of age upon enrollment;

4) the child must have proof of required immunizations; and

5) the child needs proof of residence in the school district in which he is enrolling.  Evidence of residence can include, among other things, a sworn affidavit from a parent, grandparent, custodian or homeowner indicating the address at which the child lives.

Please contact the Mississippi State Department of Education at 601-359-3512 if you have presented the required documents and your child is denied enrollment in a public school.

 

 

L. Patricia Ice

Featured IMDiversity Immigration Columnist L. Patricia Ice is an attorney and counselor who has taught immigration law at Mississippi College School of Law in Jackson, and also contributes regular immigration advice stories to La Noticia and The Jackson Advocate.  A practicing attorney, Ms. Ice has recently taken on a two-year role as an Equal Justice Works Katrina Legal Fellow, focusing on immigrant employment issues as fair labor standards, and wage and hour problems, in areas around the Gulf Coast.  She is also dedicated to immigrants rights advocacy, and serves on the Board of the non-profit rights education group, MIRA: The Mississippi Immigrants Rights Alliance at www.yourmira.org.

Articles in this column are Copyright 2006 L. Patricia Ice.  All rights reserved.  Please do not reproduce further without seeking the permission of the author.

IMDiversity.com is committed to presenting diverse points of view. However, the viewpoint expressed in this article is the opinion of the author and is not necessarily the viewpoint of the owners or employees at IMD.

 

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