Susan Loyer

@SusanLoyerMyCJ

Seven districts sued by ACLU-NJ all require government-issued photo identification as a condition of enrollment, contrary to clearly established law, according to the lawsuit.

The New Jersey chapter of the American Civil Liberties Union is suing seven school districts — including three in Middlesex County — claiming they discriminated against immigrant families attempting to enroll their children in school.

But since the filing of the complaints Monday morning, at least two of those school districts — Old Bridge and Galloway — have changed their policies, ACLU-NJ senior staff attorney Alexander Shalom said Monday afternoon.

The North Brunswick Board of Education, meanwhile, is expected to adopt a new policy this month.

Perth Amboy, Audubon, Gloucester Township and Somerdale Park also are among the districts that the ACLU-NJ claimed required government-issued photo identification as a condition of enrollment.

State and federal law forbids school districts from excluding children based on their or their parents' immigration status. However, the registration requirements in the seven school districts include proof of identification that can be obtained only by people who have lawful immigration status.

The ACLU-NJ's lawsuits ask the courts to halt the "unconstitutional school registration requirements immediately."

"In the two months since the ACLU-NJ warned dozens of school districts about their unconstitutional policies, more than 100 of them responded commendably by scrapping such policies," Shalom said. "In contrast, the districts we're suing today decided to keep their restrictive policies, even after being notified about potential legal action. These seven districts impose policies that not only ignore clearly established law, but worse, discriminate. We won't stand by and allow districts to continue these unlawful practices."

According to Shalom, Old Bridge requested a driver's license, but that has been changed.

"As far as Old Bridge schools and the matter with the ACLU, the matter has been addressed and closed," said Old Bridge Superintendent of Schools David Cittadino, who would not elaborate further on the matter.

Shalom said North Brunswick requires either a valid driver's license or valid passport, while Perth Amboy requires a driver's license or state issued ID, Shalom said.

"It's very disappointing," North Brunswick schools Superintendent Zychowski said Monday. "We are not trying to keep anyone out. In practice, we've already made the change. Our attorney has reached out to the ACLU-NJ."

Calls to Perth Amboy school officials were not returned by press time.

In March, the ACLU-NJ discovered that 136 school districts imposed illegal barriers to immigrant student enrollment. In early April, the ACLU-NJ sent letters to all 136, warning them that they would face the prospect of litigation if they did not comport with the law. As of late May, 109 changed their policies and 27 others did not.

Although Franklin Township (Somerset County) was not among the districts' sued, it was listed as not being in compliance. The district requires a photo identification for the parent or guardian registering the child, Shalom said.

Calls to Franklin Township school officials were not returned Monday.

While the policies of the remaining districts range in degree of noncompliance with the law, the ACLU-NJ chose those with the most overtly discriminatory policies for the initial seven lawsuits.

"It is deeply troubling that in New Jersey today, public schools discriminate against immigrant families, and do so despite repeated warnings to come into compliance with clearly established law," ACLU-NJ Executive Director Udi Ofer said. "Immigrant children have an equal right to access a public school education, and schools must not erect barriers that prevent the exercise of this right. The ACLU of New Jersey will not rest until all children in New Jersey are treated equally, regardless of their immigration status."

New Jersey has two requirements that families must meet when attempting to enroll a child in public school: proof of age and proof of in-district residency. Federal and state law and regulations dictate that schools cannot ask about a students' immigration status, or, further, discriminate based on national origin or immigration status.

In May, the Justice and Education departments jointly issued a letter reminding schools that their enrollment processes must provide all children with equal access to an education. The guidance specified that requiring driver's licenses during the enrollment process is impermissible.

The ACLU-NJ began investigating the enrollment policies of New Jersey school districts in March, when residents of Butler brought their restrictive enrollment policy to the organization's attention. The ACLU-NJ filed a lawsuit when the school district refused to end its policy, and the district ultimately agreed to drop the restrictions.