Foreign Students Enrolled in Public School Districts
Every child residing in Michigan is entitled to a free public education without regard to immigration status of the child or the child’s parents. In Plyler v Doe, 457 U.S. 202 (1982), the U.S. Supreme Court ruled that the U.S. Constitution prohibits states from denying equal access to public elementary and secondary schools to undocumented school-age children. A school district should determine whether a student is a resident of the school district without regard to the student’s visa status. As a result of the Supreme Court decision, public schools MAY NOT:
- Deny admission to a student on the basis of undocumented status.
- Treat students differently to determine residency.
- Require students or parents to disclose or document their immigration status.
- Make inquires of students or parents that may expose their undocumented status.
Student and Exchange Visitor Information System (SEVIS)
The federal Illegal Immigration Reform and Immigrant Responsibility Act, the USA Patriot Act and the Enhanced Border Security and Visa Entry Reform Act established new legal requirements for admitting nonimmigrant students and exchange visitors to the United States and tracking them while they are here. School districts are required to provide information on international students and exchange visitors in the Student and Exchange Visitor Information System (SEVIS). For questions regarding SEVIS requirements, please contact the SEVIS Help Desk at 1-800-892-4829 or the Student Exchange Visitor Program at 1-202-305-2346. For questions regarding Reinstatement of Student Status please contact the United States Citizenship and Immigration Services (USCIS), Department of Homeland Security at 1-810-982-0493, email CHARLES.May@dhs.gov or www.ice.gov.
Please note that SEVIS is a federal requirement that has no impact on pupil accounting issues. All foreign students residing in the district are considered residents and are entitled to enroll in the district (Plyler v. Doe). A resident student that has met the age requirements and has not obtained a high school diploma may be counted in membership for purposes of state aid and cannot be denied a right to attend the resident district. The FTE for foreign students and migrant students are calculated in the same manner as all other students.
Add your own comment
- Kindergarten Sight Words List
- The Five Warning Signs of Asperger's Syndrome
- First Grade Sight Words List
- 10 Fun Activities for Children with Autism
- Graduation Inspiration: Top 10 Graduation Quotes
- What Makes a School Effective?
- Child Development Theories
- Should Your Child Be Held Back a Grade? Know Your Rights
- Why is Play Important? Social and Emotional Development, Physical Development, Creative Development
- Smart Parenting During and After Divorce: Introducing Your Child to Your New Partner