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It warns districts against enrollment practices that discourage or exclude students based on actual or perceived citizenship or immigration status, and reminds compliance with federal statutes including Titles IV and VI of the Civil Rights Act of 1964. It cites Plyler v. Doe and outlines obligations and examples of permissible enrollment practices, including residency requirements and limits on information requests tied to discrimination.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/dear-colleague-letter-may-8-2014/587452/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/dear-colleague-letter-may-8-2014/587452.png","ImageObject",300,407,{"name":92,"@type":93},"นรินทร์","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-29","2026-10-15",true,{"@type":102,"interactionType":103,"userInteractionCount":24},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"What is the main legal concern the Departments raise about student enrollment practices?","Question",{"text":112,"@type":113},"Student enrollment practices may chill, discourage, or exclude students based on actual or perceived citizenship or immigration status, which contravenes federal law and civil rights obligations.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"Which court decision is cited to support that access to basic public education cannot be denied?",{"text":117,"@type":113},"Plyler v. Doe holds that a state may not deny access to basic public education to any child residing in the state, regardless of legal presence in the United States.",{"name":119,"@type":110,"acceptedAnswer":120},"What should districts do to comply when setting residency and enrollment requirements?",{"text":121,"@type":113},"Districts may require proof of residency within the district, but should not use citizenship or immigration status to establish residency. They must also review required documents to ensure they do not unlawfully bar or discourage undocumented families; homeless children must be immediately enrolled even without ordinarily required records.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},587452,1792920536,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":24,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":19,"language":139,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":140,"faqs":141,"seo_title":142,"seo_description":67,"update_tm":143,"read_time":52,"preview_page_count":4},2336475104957,"https://ap-avatar.wpscdn.com/avatar/22000c4c6bd8a5076e1?x-image-process=image/resize,m_fixed,w_180,h_180&k=1787554080175789136","Dear Colleague:  \nU.S. Department of Justice  \nCivil Rights Division  \nU.S. Department of Education  \nOffice for Civil Rights Office of the General Counsel  \nMay 8, 2014  \nUnder Federal law, State and local educational agencies (hereinafter “districts”) are required to provide all children with equal access to public education at the elementary and secondary level. Recently, we have become aware of student enrollment practices that may chill or discourage the participation, or lead to the exclusion, of students based on their or their parents’ or guardians’actual or perceived citizenship or immigration status. These practices contravene Federal law.  \nBoth the United States Department of Justice and the United States Department of Education (Departments) write to remind you of the Federal obligation to provide equal educational opportunities to all children residing within your district and to offer our assistance in ensuring that you comply with the law. We are writing to update the previous Dear Colleague Letter on this subject that was issued on May 6, 2011, and to respond to inquiries the Departments received about the May 6 Letter. This letter replaces the May 6 Letter.  \nThe Departments enforce numerous statutes that prohibit discrimination, including Titles IV 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. 42 U.S.C.  \n§ 2000c-6. Title VI prohibits discrimination by recipients of Federal financial assistance on 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 that have the effect of subjecting individuals to discrimination because of their race, color, or national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of a program for individuals of a particular race, color, or national origin. See 28 C. F. R. § 42 . 104(b)(2) and 34 C. F. R.  \n§ 100.3(b)(2) .  \nAdditionally, 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 in the 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 discrete class of children not accountable for their disabling status   By denying these children a basic education, we deny  \nthem the ability to live within the structure of our civic institutions, and foreclose any realistic possibility that they will contribute in even the smallest way to the progress of our Nation.” Plyler, 457 [U.S. at](U.S. at) 223. As Plyler makes clear, the undocumented or non-citizen status of a student (or his or her parent or guardian) is irrelevant to that student’s entitlement to an elementary and secondary public education.  \nTo comply with these Federal civil rights laws, as well as the mandates of the Supreme Court, you must ensure that you do not discriminate on the basis of race, color, or national origin, and that students are not barred from enrolling in public schools at the elementary and secondary level on the basis of their own citizenship or immigration status or that of their parents or guardians. Moreover, districts may not request information with the purpose or result of denying access to public schools on the basis of race, color, or national origin. To assist you in meeting these obligations, we provide below some examples of permissible enrollment practices, as well as examples of the types of information that may not be used as a basis for denying a student entrance to school.  \nIn order to ensure that its educational services are enjoyed only by residents of the district, a district may require students or their parents to provide proo","cbCaigV71kKEXKTQ","https://ap.wps.com/l/cbCaigV71kKEXKTQ","pdf",170184,"English","# Key Federal Obligations\n## Equal access and anti-discrimination principles\n## Updating the May 6, 2011 letter\n# Applicable Legal Authorities\n## Titles IV and VI of the Civil Rights Act of 1964\n## Supreme Court guidance (Plyler v. Doe)\n# Enrollment and Residency Requirements\n## Residency proof and acceptable documents\n## Limits on birth certificate and foreign birth indicators\n## Reporting data without discrimination","[{\"question\":\"What is the main legal concern the Departments raise about student enrollment practices?\",\"answer\":\"Student enrollment practices may chill, discourage, or exclude students based on actual or perceived citizenship or immigration status, which contravenes federal law and civil rights obligations.\"},{\"question\":\"Which court decision is cited to support that access to basic public education cannot be denied?\",\"answer\":\"Plyler v. Doe holds that a state may not deny access to basic public education to any child residing in the state, regardless of legal presence in the United States.\"},{\"question\":\"What should districts do to comply when setting residency and enrollment requirements?\",\"answer\":\"Districts may require proof of residency within the district, but should not use citizenship or immigration status to establish residency. They must also review required documents to ensure they do not unlawfully bar or discourage undocumented families; homeless children must be immediately enrolled even without ordinarily required records.\"}]","Dear Colleague Letter - May 8, 2014 | PDF",1792061908]