Saugus Public Schools adopted an admissions policy last fall that “impermissibly” denies entry for migrant children, the advocacy group Lawyers for Civil Rights wrote in a letter addressed to members of the town’s School Committee on Thursday.
The letter claims that the committee, which adopted the new policy last August, “exceeded its statutory authority by impermissibly denying enrollment to children whose families do not complete” the town’s census. The policy requires all students attending the town’s public schools to be “legal residents whose actual residence is in Saugus” and requires families that move to the town to complete the town census prior to registering their children.
But Lawyers for Civil Rights and Massachusetts Advocates for Children say the committee went too far, writing the policy’s “overly-stringent residency and proof-of-identity requirements place an undue burden on immigrant and mixed-status families.”
School Committee Chair Vincent Serino told MassLive the policy is in place to ensure students in Saugus Public Schools are residents of the town, not other surrounding communities.
“This policy states, very clearly, that no child who actually resides in Saugus will be denied access to school due to immigration status, nor by law would it apply to homeless students who are entitled to an education here,” he wrote in a statement. “This is both our policy and practice.”
The advocacy groups are asking the committee to immediately revise the policy, particularly with the 2024-25 school year on the horizon. Saugus begins school on Aug. 27, according to its official calendar.
On Thursday, the Department of Elementary and Secondary Education weighed in on the policy, asking Saugus to clarify its policy, a spokesperson confirmed.
“All school districts in Massachusetts are required to ensure students have equal access to a free public education regardless of their or their parents’ immigration status,” the department said in a statement.
In 2023-24, while the policy was in place, Saugus admitted 23 students living in the state’s emergency shelter system, according to the department.
When the committee adopted the policy last fall, Serino said it was simply formalizing the process for families moving into the district, and called it “more of a state thing.”
“In the past, people would move into town and just come right in and register their kid and the town had no information, all the information was coming from the schools,” Serino said during a July 27, 2023 meeting. “Really all it is is cleaning up that they go to the town hall, meet with them first, and then they come here and register.”
In the letter, Lawyers for Civil Rights and Massachusetts Advocates for Children say the policy “disproportionately harms immigrant and mixed-status” families. And, they go on to write, they are aware of “at least two cases—both involving immigrant families— where SPS’s illegal requirement impeded children’s enrollment and resulted in substantial time out of school.”
The policy also requires families to provide proof of identification, such as a driver’s license or passport, which the letter notes many migrant families would not have.
The groups call for Saugus to remove specific language from the policy to avoid legal action, including references to “legal residents” and “immigration records required by law.” But also, more broadly, they call for “a change in tone” that “makes clear that all residents of the Town are welcome to enroll in the Saugus Public Schools.”
Serino said the committee has not yet discussed if it will change the specific language in the policy. The committee does not have any upcoming scheduled meetings, according to the town website, but Serino indicated they would discus the policy at a coming meeting.
