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Yes, public schools do not ask citizenship questions, just residentual questions, to prove that student lives in their district. If a student lives in the schools district that public school is required to serve that student.

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15y ago
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15y ago

It is a fact in most states that you must be a US citizen in order to go to school. It is law in most states if not all that any illegal alien will not be able to attend school unless they receive a school VISA or if they have regestered for a S.S. Card.

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11y ago

U.S. Department of Justice U.S. Department of Education

Civil Rights Division

Office for Civil RightsOffice of the General Counsel

May 6, 2011Dear Colleague:Under Federal law, State and local educational agencies (hereinafter "districts") arerequired to provide all children with equal access to public education at the elementary andsecondary level. Recently, we have become aware of student enrollment practices that may chillor discourage the participation, or lead to the exclusion, of students based on their or theirparents' or guardians' actual or perceived citizenship or Immigration status. These practicescontravene Federal law. Both the United States Department of Justice and the United StatesDepartment of Education (Departments) write to remind you of the Federal obligation to provideequal educational opportunities to all children residing within your district and to offer ourassistance in ensuring that you comply with the law.The Departments enforce numerous statutes that prohibit discrimination, including TitlesIV and VI of the Civil Rights Act of 1964. Title IV prohibits discrimination on the basis of race,color, or national origin, among other factors, by public elementary and secondary schools. 42U.S.C. § 2000c-6. Title VI prohibits discrimination by recipients of Federal financial assistanceon the basis of race, color, or national origin. 42 U.S.C. § 2000d. Title VI regulations,moreover, prohibit districts from unjustifiably utilizing criteria or methods of administration thathave the effect of subjecting individuals to discrimination because of their race, color, or nationalorigin, or have the effect of defeating or substantially impairing accomplishment of theobjectives of a program for individuals of a particular race, color, or national origin.

See

28C.F.R. § 42.104(b)(2) and 34 C.F.R. § 100.3(b)(2).Additionally, the United States Supreme Court held in the case of

Plyler v. Doe

, 457 U.S.202 (1982), that a State may not deny access to a basic public education to any child residing inthe State, whether present in the United States legally or otherwise. Denying "innocent children"access to a public education, the Court explained, "imposes a lifetime hardship on a discreteclass of children not accountable for their disabling status. . . . By denying these children a basiceducation, we deny them the ability to live within the structure of our civic institutions, andforeclose any realistic possibility that they will contribute in even the smallest way to theprogress of our Nation."

Plyler

, 457 U.S. at 223. As

Plyler

makes clear, the undocumented ornon-citizen status of a student (or his or her parent or guardian) is irrelevant to that student'sentitlement to an elementary and secondary public education.To comply with these Federal civil rights laws, as well as the mandates of the SupremeCourt, you must ensure that you do not discriminate on the basis of race, color, or nationalorigin, and that students are not barred from enrolling in public schools at the elementary andsecondary level on the basis of their own citizenship or immigration status or that of their parents

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13y ago

they can take the train as well as walking or biking as long as they are not seen by authorities.

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Q: Can illegal immigrant children go to school in US?
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