Information on the Rights of All Children to Enroll in School - Questions and Answers for States, School Districts and Parents

Oct 15, 2026

This Questions and Answers guide explains legal rights related to children’s school enrollment under U.S. civil rights and education guidance. It addresses whether districts may consider immigration or citizenship status when establishing residency, how students can satisfy residency documentation requirements, and how states and districts must treat children equally regardless of race, color, or national origin. It also clarifies residency exceptions for homeless children under the McKinney-Vento Act and emphasizes welcoming, non-discriminatory enrollment practices.

LanguageEnglish

CategoryHealthcare

FormatPDF

Pages7

Reading Time18 min

AccessFree to download

Q-1 Residency and immigration/citizenship status

Q-2 Residency proof for enrollment

Q-3 Meeting residency documentation requirements

Q-4 Homeless children and residency requirements

Q-5 Age requirements

U.S. Department of Justice Civil Rights Division U.S. Department of Education Office for Civil Rights Office of the General Counsel Information on the Rights of All Children to Enroll in School: Questions and Answers for States, School Districts and Parents These Questions and Answers are intended to assist states and school districts in meeting their legal obligations to ensure that their enrollment1 policies and practices at the elementary and secondary school levels do not discriminate on the basis of race, color, or national origin, and do not bar or discourage students’ enrollment in elementary and secondary school based on their or their parents’ actual or perceived immigration status. The U.S. Departments of Education and Justice encourage states and districts to proactively implement supportive enrollment policies and practices that create a welcoming and inclusive environment for all students.2 Documentation Q-1. Should a district inquire into the immigration or citizenship status of a student or parent 3 as a means of establishing the student’s residency in the district? A-1. No. Immigration or citizenship status is not relevant to establishing residency in the district, and inquiring about it in the context of establishing residency is unnecessary and may have a chilling or a discouraging effect on student enrollment. Q-2. Are students, except homeless students as provided by Federal statute, required to show current residency in a district in order to enroll in a district school? A-2. A state or district may establish bona fide residency requirements and thus might require that all prospective students, except homeless students as defined and provided by the Federal McKinney-Vento Homeless Assistance Act, 42 U.S.C. §§ 11301 et seq., furnish proof of residency within the district. 1 For purposes of this guidance, the term “enrollment” also means registration, matriculation, or attendance in school. 2 This Questions and Answers document accompanied the Dear Colleague letter on the Rights of All Children to Enroll in School, issued by the U.S. Departments of Education and Justice on May 6, 2011. This document has been updated to respond to additional questions received since the Dear Colleague letter was issued in 2011. 3 For purposes of this guidance, the term “parent” also means guardian or other responsible person under state or local law. Revised as of May 8, 2014 Q-3. How can students meet requirements to show current residency in a school district? A-3. Rules vary among states and districts on what forms of documentation can be used to prove residency within a district. Districts typically accept a variety of documents as proof of residency, such as a telephone or utility bill, mortgage or lease document, parent affidavit, rent payment receipts, a copy of a money order made for payment of rent, or a letter from a parent’s employer that is written on company letterhead. A parent must be permitted to establish residency using any of the alternative methods provided for by state or local law. States and districts cannot apply different rules, or apply the same rules differently, to children based on their or their parents’ actual or perceived race, color, national origin, citizenship, immigration status, or other impermissible factor. All students must be treated equally.4 A district should review the list of documents that can be used to establish residency to ensure that any required documents would not unlawfully bar or discourage a student who is undocumented or whose parents are undocumented from enrolling in or attending school. For example, while a district may choose to include a parent’s state-issued identification or driver’s license among the documents that can be used to establish residency, a school district may not require such documentation to establish residency or for other purposes where such a requirement would unlawfully bar a student whose parents are undoc

FAQs

Can a district ask about a student’s immigration or citizenship status to establish residency?

No. Immigration or citizenship status is not relevant to establishing residency, and asking about it may discourage enrollment.

Are students required to show current residency to enroll in a district school?

A state or district may require bona fide residency and may require proof of residency, except for homeless students as defined under federal law.

Can a homeless child be required to show residency to enroll?

No. Districts must exempt all homeless children and youth under the McKinney-Vento Act from residency requirements, even if documentation normally required cannot be produced.

Oct 15, 2026

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