SOCIAL SECURITY NUMBERS ARE NOT REQUIRED TO ENROLL BUT ASKING FOR THEM INVADES PRIVACY AND MAY BE DETERRING IMMIGRANT ADMISSIONS
CONTACT:ACLU of Florida Media Office, (786) 363-2737 or media@aclufl.org
May 23, 2012
ORLANDO – The American Civil Liberties Union (ACLUFL) today released grades on all 67 county school districts on their compliance with federal law and court rulings requiring notice that Social Security numbers (SSN) are not required for enrollment of a child in public schools and other provisions.
The 1982 United States Supreme Court case Plyler v Doe held that undocumented children living in the United States cannot be barred from public elementary or secondary schools based on immigration status. In May of 2011, the Civil Rights Division of the U.S. Department of Justice and the Office for Civil Rights of the U.S. Department of Education advised school districts:
“A district may not deny enrollment to a student if he or she (or his or her parent or guardian) chooses not to provide a social security number.” The advice also included, “If a district chooses to request a social security number, it shall inform the individual that the disclosure is voluntary.”
Overall, nearly half of Florida’s districts had deficiencies, different policies or did not comply with the required disclosure that providing SSN is voluntary. Eleven districts received “F” grades while thirty-four (34) districts received “A”s for including the required disclosures.
“Every Florida child has a constitutional right to an education, and having a Social Security number is not required to attend a public school,” said Howard Simon, Executive Director of the ACLU of Florida. “We cannot allow districts to give the false impression that Social Security numbers are required for enrollment and run the risk that children could be hidden from view and out of the classroom simply because their parents fear a legal review of their status.”
Central Florida fared poorly with two large districts – Orange and Osceola – receiving “F”s while Seminole County received a “D.”
“The failure of districts in central Florida are especially troubling given the rapid growth of the Hispanic Community,” said Sister Ann Kendrick of the HOPE Community Center which provides services to Central Florida’s immigrant communities. “Enrollment forms in Osceola, for example, are in English and Spanish, but the forms improperly ask for Social Security numbers in both languages.”
According to U.S. Census estimates, Orange County’s Hispanic population grew from 168,361 in the 2000 Census to 308,244 in 2010. In Osceola, it more than doubled – going from 50,727 to 122,146.
In addition to the federal advice and court case, the Florida Department of Education agreed in a 1990 case (LULAC v. Fla. Bd. of Educ.) to ensure that, “No student shall be required to have or obtain a federal SSN as a precondition or condition subsequent to admission…”
On April 12, 2012, the ACLUFL wrote to the Florida Department of Education (DOE) requesting a meeting and demanding action to bring non-compliant school districts in line with federal and state requirements. The letter asked the DOE to issue a formal directive to school districts regarding SSN, monitor district compliance, require training for school personnel and revise district enrollment forms including those posted on websites. From the letter:
“All children in Florida have a right to a public education – regardless of their citizenship status. However, the ACLU-FL has learned that schools in at least 26 districts request a student’s SSN for enrollment purposes, without any clear indication that producing a SSN is optional and not a prerequisite for enrollment.”
“Parents should not have to worry about whether sending a son or daughter to school will trigger an investigation into their citizenship status,” said Julie Ebenstein, ACLUFL Policy and Advocacy Counsel who sent the April, 2012 letter. “That’s why we asked to meet with the Department of Education about this – to make it clear they have a duty to act.”
Three school districts allow different enrollment forms for each school. When forms varied and at least some of the schools asked for Social Security information without the needed disclosures, the districts received a “Needs Work” grade. Pinellas County was the largest district receiving a “Needs Work” designation.
Only two districts (Highlands and Glades) provided incomplete data on their enrollment forms and processes – both received “Incomplete” grades. In addition to the “A” and “F” grades, 12 districts earned “D”s, four earned “C”s, and there was one “B” (Columbia County).
The ACLUFL announced the grades at the Hope Community Center in Apopka, Florida in Orange County and sent letters today to the 31 districts which need to revise their enrollment forms and procedures.
“No one wins when kids are not in school,” Simon said. “It’s sad and surprising that so many school districts would disregard the law and, as a result, fail to keep an open door on the schoolhouse.”
A copy of the report card with school grades is here: http://www.aclufl.org/pdfs/2012-05-ACLUSSNReportCard.pdf
A copy of the ACLUFL’s April 12 letter to the Florida DOE is here: http://www.aclufl.org/pdfs/2012-04-ACLUSSNLetter.pdf
Vea una copia del informe de las calificaciones de las escuelas en Español en: http://www.aclufl.org/pdfs/2012-05-23-SSNTarjetadeReporte.pdf
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