PJ24 Immigrant Students Regardless of Documented Status

Neither the Constitution of the State of New Mexico nor New Mexico State law establishes citizenship as a requirement for school age children to attend public school in New Mexico. The United States Supreme Court has also ruled that citizenship status cannot be used to deny public school admission to school age children.

Schools shall not:

• Deny admission to a school age child on the basis of known, or suspected, undocumented status.
• Engage in any practice to deter or discourage the right of a student to attend public school.
• Require students or parents/legal guardians to disclose or document their immigration status or make inquiries that would expose their undocumented status.
• Require Social Security numbers.

Administrative Position: Assistant Superintendent of School and Community Support

Department Director: Director of Student, School and Community Service Center

References:

Legal Cross Ref.:

• Plyler, v. Doe, 457 U.S. 202, 102 S. Ct. 2382 (1982)
• State of New Mexico Constitution, Article XII, Section I
• §22-1-4 NMSA 1978

Board Policy Cross Ref.:

• A.03 Nondiscrimination
• JB - Equal Educational Outcomes

Procedural Directive Cross Ref.:Safe Schools and Relations with Law Enforcement Authorities

NSBA/NEPN Classification: JB

Adopted: May 1997
Reviewed: September 24, 2010
Reviewed: October 15, 2010
Reviewed: November 8, 2010
Revised: November 12, 2010

This page was last updated on: December 9, 2009.