AG Healey issues advisory reminding schools to provide students equal access regardless of immigration status

BOSTON – Attorney General Maura Healey today issued an advisory reminding school officials across Massachusetts of their obligations under state and federal law to provide all elementary and secondary students with equal access to public education, regardless of citizenship or immigration status.

According to a statement by Healey’s Office, today’s advisory updates previous guidance that the AG’s Office issued as a reminder that state and federal law requires educational agencies and local school districts to provide all school-aged children with equal access to public education—irrespective of race, color, sex, gender identity, religion, national origin, sexual orientation, disability, or immigration status.

“Schools play a critical role in the development of young people, and all children deserve the opportunity to learn and thrive in a safe and supportive environment,” said AG Healey. “We are issuing this advisory to remind public school administrators of their obligation to open their doors to all students – including and especially our most vulnerable.”

“We are thrilled to see the Attorney General issue this updated guidance on equal access to public education regardless of immigration status,” said Elizabeth Sweet, Executive Director of the MIRA Coalition. “In Massachusetts, there are approximately 15,000 undocumented school-aged children and youth. These children and youth deserve the opportunity – like all children and youth – to grow in all the ways that school makes possible: academically, socially, emotionally.”

“We are grateful for the Attorney General’s leadership in ensuring that every child has access to public education,” said Iván Espinoza-Madrigal, Executive Director of Lawyers for Civil Rights. “It is critically important to remind school districts about their duty – and legal obligation – to educate every child regardless of their identity or background.”

“The Brazilian Women’s Group is happy to see this advisory sent out,” said Heloisa Galvão, Executive Director of the Brazilian Women’s Group. “It is timely, needed, and fair. Children belong in school no matter what. Education is liberating and gives children the sense of belonging they need to grow up to be empowered citizens. We congratulate the Office of Attorney General Maura Healey and hope this notice ends, once and for all, school registration delays.”

The AG’s new advisory reminds Massachusetts school districts and officials that enrollment practices that single out students based on their actual or perceived citizenship or immigration status violate state and federal law. Furthermore, equal access to public education means not only the right to enroll in school, but also the right to an education free from unlawful discrimination and harassment.

The AG Office statement also stated that school districts must also avoid drawing conclusions about a prospective student’s immigration status based on characteristics such as language or national origin, or their residency based on immigration status. In cases where families are unable to provide documents to school districts to verify eligibility for enrollment, school districts should work with families to find alternative methods to establish residency or proof of age so the student can enroll in the school. For example, if a family does not have a birth certificate for a child, the district may accept an affidavit from the parent indicating the child’s date of birth.

Within the updated advisory, the AG’s Office also encourages school districts to seek out documents for additional guidance from agencies and organizations like the U.S. Department of Justice, the U.S. Department of Education, and the Massachusetts Department of Elementary and Secondary Education. These agencies have provided materials like a resource guide on how to support undocumented youth, and how to welcome newcomer and refugee students and families.