


State officials warned New York school districts Monday that any policy they institute to block — or even make difficult — the enrollment of migrant kids could lead to lawsuits and fines.
The threat of legal action from Attorney General Letitia James and State Education Commissioner Betty Rosa was triggered by their discovery of discriminatory practices in some districts, such as requiring a voter ID from parents registering their kids, as schools across the state prepare for the new year and a flood of asylum-seeking children, they said.
“The [Office of the Attorney General] and [State Education Department] have recently learned that some districts employ enrollment policies that make it difficult or impossible for noncitizens, undocumented students, and people who rent their homes without a formal lease to register for school,” the pair’s letter released Monday reads, adding, “several registration policies are of particular concern.”
The questionable practices — which also include requiring a student’s residency to be more than 30 days old or providing proof of where they live on a regular basis — may “violate constitutional and statutory protections, exposing school districts to lawsuits and liability,” the state officials said.

“The law is clear: every New Yorker is entitled to a free public education, and anyone who lives in our state is a New Yorker,” said James in announcing the warning.
Under state law, all kids between ages 5 and 21, including any migrant or undocumented students, are guaranteed a public education in New York.
Since the spring of last year, more than 100,000 migrants — adults and children — have surged into New York City after coming over the US southern border.
New York City alone expects nearly 19,000 kids to attend its public schools this upcoming year, but it has still not announced any plans on how to handle the influx, with just days until the school year starts.
It is unclear how many kids statewide are expected to enroll in New York’s schools.
“All school and district leaders must continue to faithfully carry out their duty to accept and provide educational support services for these students and their families,” schools Commissioner Rosa warned in a statement.
The warning comes on the heels of Gov. Kathy Hochul pinning part of the blame for the crisis on fellow Democrat and President Biden, urging his administration to step up and do more by providing shelters and funding to the state as well as fast-tracking work authorizations for migrants.
Mayor Eric Adams slammed the governor for not going far enough in her remarks, imploring her to ask the president to declare a state of emergency, which would quickly free up federal funds.