School Enrollment Rights: Questions and Answers for Families

Every child deserves access to public education, regardless of their immigration status or housing situation. Yet families still face barriers when enrolling their children in school, particularly when they have recently arrived in the United States, are experiencing homelessness, or do not have the documents a school requests. 

Federal and state laws protect children’s right to attend school and establish important requirements for how districts must handle enrollment. Families should understand these protections, what information schools may request, and what steps they can take if enrollment is delayed or denied. 

The following Q&A addresses common questions about school enrollment, including immigration status, required documents, housing instability, and how to challenge a denial of enrollment. 

Q: I recently came to the United States with my child. The school is asking for a Social Security card and my child’s birth certificate, which we don’t have with us. Does this mean I can’t enroll her in school?  

No. A school can ask for reasonable information to show: 

• The child’s age, and 

• Where the child lives. 

A school cannot require a Social Security number/card or birth certificate as a condition of enrollment. Any number of documents can show a child’s age: earlier school records; a medical record that confirms age; a doctor’s note that verifies age; an immunization record; a church/baptismal record; even a parent’s affidavit or unsworn statement as to the child’s age.  

If a family does not have a U.S. birth certificate, the school must consider other reasonable documents that show the child’s age, such as a foreign birth certificate, previous school records, medical records, or other reliable information.  

Guidance from the Connecticut State Department of Education (CSDE) outlines rules for school districts to follow.

Q. Can the school require our immigration paperwork before my child can start attending?

No. Children have a right to attend public school regardless of their or their parent’s immigration status. The U.S. Supreme Court decided this issue in Plyler v. Doe, 457 U.S. 202 (1982). Public schools cannot deny children an education because they or their parents are undocumented. Schools cannot require documentation that prevents immigrant children from attending.  

For example, a school cannot tell a family:  “Your child cannot start school until you bring us a visa, green card, or immigration papers.”  

Connecticut Department of Education officials emphasize that districts must provide school accommodations to all children residing in the district, including children who have recently arrived from other states or countries and children who speak no or limited English. The right to attend school applies to children who are not citizens and/or whose parents are not citizens. The district does not collect any information on citizenship or immigration status.  

Q: My family lost our housing, and my child and I are staying with relatives temporarily. The school says I need to show a lease, birth certificate, and school records before my child can start school. Is that legal? 

No. Your child has the right to start school right away. Federal law (42 U.S.C. § 11432(g)(3)(C)) protects children and youth who do not have a stable place to live. This includes many families who are: 

• Staying with friends or relatives because they lost their housing; 

• Living in a shelter, motel, or temporary housing; or 

• Living somewhere that is not a regular or safe place to sleep. 

Under the federal McKinney-Vento Homeless Assistance Act, the school must enroll a child experiencing homelessness immediately, even if the parent does not have documents that the school normally asks for. 

The school cannot make the child wait because the family does not have: 

• Proof of address or a lease; 

• A birth certificate; 

• Immunization or health records; or 

• Records from the child’s old school. 

Connecticut law (Conn. Gen. Stat. §§ 10-253(f) and 10-186) also protects students experiencing homelessness and requires school districts to follow the McKinney-Vento law. 

So what should happen? 
The school should enroll the student right away and help the family get any missing records afterward.  The school should also refer the family to the district’s McKinney-Vento Liaison to assist with needed supports and documentation. 

The Most Important Thing to Remember: Children should not be kept out of school because their family is homeless or because of their immigration status. 

Q. What if I am a student on my own without my parent/guardian? 

If you are moving around or staying somewhere temporarily due to loss of housing, you can enroll yourself as an “unaccompanied youth.”

For more information, see CCA’s brochure, “Moving Around.” 

If a child is experiencing homelessness, the basic rule is: Enroll the child now. Work out the paperwork afterward.  

Q. What do I do if the district denies my child’s right to enroll? 

Do not give up if a school tells you that your child cannot enroll. You have rights. 

If a Connecticut public school district refuses to enroll your child, including because the district says you have not proven that you live in the town, you can challenge that decision. 

Here are some steps you can take: 

1. Ask for the denial in writing. Ask the school or district to explain why your child is not allowed to enroll and what information or documents the district believes are missing. 
2. Ask for an enrollment hearing in writing. Connecticut law gives you the right to request a hearing when a school district denies your child the right to attend school. You can say: “I am requesting a hearing under Connecticut General Statutes § 10-186 regarding the denial of school enrollment for my child.” 
3. Act quickly. The school district must hold the hearing within 10 days after receiving your written request and must issue a decision within 10 days after the hearing. 
4. If your child was already attending the district and the district now says your child does not live there, ask that your child remain in school while the dispute is being decided. Connecticut law allows a child who is denied schooling based on residency to continue attending, at the parent’s request, while the hearing is pending. 
5. You can appeal. If you disagree with the district’s decision after the hearing, you can appeal to the Connecticut State Board of Education. Generally, the appeal must be filed within 20 days after the district mails its decision. 

Stay Informed About Your Child’s Rights 

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