Answer: No. The district has violated federal law. Schools cannot ask about immigration status, including whether or what kind of visa a student may have. It is illegal for them to do so. Student visas are arranged directly with a school district while a student is still abroad. If a student had a student visa to attend a school, the school would know ahead of time. Any other kind of visa is irrelevant to the right to attend school, and asking about a visa only serves to chill the right to attend school. This is a violation of law and Supreme Court decisions. For a student experiencing homelessness, schools must follow the McKinney-Vento Act and enroll the student regardless of visa status or immigration status. Students here on tourist visas or no visa at all have the legal right to attend school here, and it is illegal for a school to refuse enrollment based on visa or immigration status. This brief might be useful for more information.
I have been trained never to ask students their immigration status. However, a neighboring school district asked if a student had a visa. When they found out the student has a tourist visa, they refused enrollment. Is this right?
Dec 14, 2021 | Q and A