Saugus school policy creates 'undue burden' on immigrant families, groups allege

Two Boston-area advocacy groups are demanding the town of Saugus change its public school student enrollment policy before the start of school on August 27, arguing the district's residency requirements are overly restrictive and harmful toward immigrant families.

In a letter sent to Saugus school officials Thursday, Lawyers for Civil Rights and Massachusetts Advocates for Children said two requirements — one that forces families to first complete a town census, and another that restricts which residency documents the schools will accept —are overly burdensome toward immigrant families and could deter them from enrolling.

The policy was unanimously approved and adopted by the Saugus School Committee last year.

"There is nothing in the law that authorizes a school committee to use a town census to bar children from school attendance," the groups wrote in the letter. "Any attempt to do so goes far beyond the legal authority of the school committee and is therefore invalid."

The policy also limits proof of residency to a government-issued ID such as a Massachusetts driver's license, U.S. passport, valid state ID card or other government-issued photo ID, the groups wrote.

"Many families — especially newly arrived migrants — lack this documentation," the demand letter states.

Federal law requires school districts to enroll students even if they cannot show documentation that they legally reside in the United States.

The advocacy groups said they're aware of at least two cases involving immigrant families in which Saugus's registration requirements "impeded children's enrollment" and resulted in lost learning time.

The groups also took issue with a section in the policy that states enrolled kids must be "legal residents whose actual residence is in Saugus."

"We don't really know what it means," said Diana Santiago, legal director at Massachusetts Advocates for Children. "But we do know that many immigrant families are going to read that and presume that it is related to their immigration status which could serve to discourage them from enrolling their children in the schools."

Santiago also expressed concern with a section that states that if a student's family moves from Saugus midway through the school year, "the student and his/her records, including immigration records required by law, shall be transferred immediately to the school in the city or town where they are residing."

Saugus Public School officials did not immediately return a request for comment Thursday.

The policy notes the residency requirements don't apply to students under the McKinney-Vento Homeless Assistance Act — a federal law that says a family has the right to enroll their child in school in the district in which they’re living. But the advocacy groups urge a "change in tone that makes clear all residents of the town are welcome to enroll" in the Saugus school district.

When the Saugus school committee unanimously passed the enrollment policy a year ago, chairman Vincent Serino said requiring families to fill out the town census would reduce the workload for town clerks.

He also addressed why the district would be requiring additional proof of town residency, like a Section 8 agreement, a property tax bill or a lease agreement, prior to school registration.

"In the past, we just accept a letter with a signature which is really very loose," Serino said in the Aug. 10, 2023 school committee meeting. "So really just tightened it up to nothing really hard."

This isn't the first time a Massachusetts district has come under scrutiny for school enrollment policies advocates say are harmful toward migrant children. Earlier this month, the town of Norfolk said children temporarily housed at an emergency assistance shelter could not enroll in the local school districts, before changing its stance after saying it got clarification from the state.

The advocacy groups said legal action could be on the table if Saugus does not revise its enrollment policy before the start of the new school year.

"We hope that other districts see that this is not legal behavior, and this is not appropriate behavior," said Erika Richmond Walton, an attorney with Lawyers for Civil Rights.