Answer: No, it does not violate Plyler vs. Doe, as long as it does not result in parents or students being wary or afraid to enroll in school. Many school districts ask about birth country as part of providing services (and receiving federal funds) under the Title III Immigrant Education Program. Requiring an answer to that question as a condition of enrollment or receiving services may violate Plyler vs. Doe because it may deter immigrant parents and youth from enrolling in school. And of course this information would be part of the student’s educational record and cannot be released without the parent’s consent (unless an exception applies under the Family Educational Rights and Privacy Act).
On our district enrollment forms, families/students are asked what their country of birth is. Does that violate the Supreme Court ruling of Plyler v. Doe, which gives all students living in the United States the right to attend school, regardless of immigration status?
Oct 16, 2017 | Q and A