California Families,

It has recently come to our attention that there is misinformation being spread by the California Department of Education regarding the legality of serving undocumented students at charter schools. According to the Plyler v. Doe ruling by the U.S. Supreme Court, undocumented children and young adults have the same right to attend public primary and secondary schools, including charter schools, as do U.S. citizens and permanent residents. Like other children, undocumented students must, under state law, attend school until they reach a mandated age, usually 18. Subsequently, the Proposition 187 provision to deny undocumented students a public education was also struck down by the courts in LULAC v. Wilson.

Below there is infornmation detailing a student's rights as a result of the Plyler ruling. Please post these at your charter schools and respective places of work so that students and parents will be properly informed of their rights.

The National Council of La Raza (NCLR), along with Mexican American Legal Defense and Education Fund (MALDEF), will inform the California Department of Education of this intolerable mistake to ensure that such misinformation does not continue to spread.

• Deny admission to a student during initial enrollment or at any other time on the basis of immigration status.
  
• Treat a student disparately to determine residency.
  
• Engage in any practices to "chill" the right of access to school.
  
• Require students or parents to disclose or document their immigration status.
  
• Ask questions to students or parents that may expose their undocumented status.
  
• Require social security numbers from all students, as this may expose undocumented status.