Arizona Department of Education says schools can’t require state ID

PHOENIX – A week after a Yuma high school was accused of illegally requiring parents to present a form of state-issued identification, the Arizona Department of Education made it clear the practice violates state and federal regulations.

The department posted residency and enrollment guidelines to its website Friday, specifying that parents didn’t need an Arizona driver’s license or ID card to prove residency while enrolling students.

“ADE really just wanted to ensure that schools with any questions had guidance easily accessible so they didn’t end up in the same situation as Yuma,” department spokesman Stefan Swiat told KTAR News 92.3 FM in an email.

On April 18, the American Civil Liberties Union of Arizona sent a letter to the Yuma Union High School District demanding that San Luis High School end certain enrollment practices.

We recently sent a letter to the Yuma High School District urging them to immediately end San Luis High School’s unlawful pre-enrollment policy and protect a child’s right to an education. Read the letter here 👉 https://t.co/Z8CVtiaMiS pic.twitter.com/MN5aayiKgf

— ACLU of Arizona (@ACLUaz) April 25, 2019

The letter said the ACLU learned that the school was requiring parents or legal guardians to show state ID. In addition, non-parents were being told they needed documentation that they were either legal guardians or actively pursuing legal guardianship.

Kathy Brody, ACLU of Arizona legal director, told KTAR News on Thursday it wasn’t clear if the disputed policies have been enforced at any of the district’s five other schools.

She said such policies have been used “most often when schools are, whether purposefully or not, trying to prevent parents who may be undocumented from enrolling their children in school.”

Brody said her group had not received a response from the district.

In a statement sent to KTAR News on Thursday, the district didn’t deny the practices and said it was working with its attorney, campus administrators and governing board members to address concerns.

“We respect the ACLU’s position as explained in the letter and are working to ensure that we are in adherence with state law as well as all Arizona Department of Education regulations,” the statement said.

“Student safety and fiscal responsibility are the district’s number one priorities and a significant element of that is strictly following those guidelines set forth by the state.”

The policy posted by the education department says parents must provide proof of residency during enrollment using any one option from a 14-item list that includes state IDs, utility bills, bank statements and rental agreements.

Included in the guidelines was a link to federal policy, which says schools can’t require state IDs or ask about the citizenship or immigration status of a child or parent.

KTAR News 92.3 FM’s Griselda Zetino contributed to this report.

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