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Affidavit of Identity

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The Kentucky Legislative Research Commission’s Program Review and Investigations Committee issued a report in April 2009 in which it made the following recommendation:
“Recommendation 3.1: The Kentucky Department of Education should identify the information public schools may legally require or request of first-time enrollees. The department should facilitate and monitor compliance by all Kentucky school districts.”
In response, Kentucky Department of Education (KDE) is providing the following guidance regarding acceptable forms of identification for students upon initial enrollment in a school in Kentucky.
Kentucky law guarantees that every child satisfying the age requirements and residing within the state can attend a public elementary or secondary school.[1] KRS 158.030 (emphasis added) provides:
“Common school” means an elementary or secondary school of the state supported in whole or in part by public taxation. No school shall be deemed a “common school” or receive support from public taxation unless the school is taught by a certified teacher for a minimum school term as defined by KRS 158.070 and every child residing in the district who satisfies the age requirements of this section has had the privilege of attending it….
Statutory requirements for initial enrollment: KRS 158.032 (3) includes the only requirements under Kentucky law for proof of age and identity for a student’s initial enrollment in a school in Kentucky:
Upon enrollment of a student for the first time in any elementary or secondary school, the school shall notify in writing the person enrolling the student that within thirty (30) days the person shall provide either:
(a) A certified copy of the student's birth certificate; or
(b) Other reliable proof of the student's identity and age, and an affidavit of the inability to produce a copy of the birth certificate.

Examples of “other reliable proof”: Types of “other reliable proof of a student’s identity and age” may include but not be limited to:

Social Security card; passport; military identification or immigration card; baptismal certificate; copy of the record of baptism – notarized or duly certified and which reflects the date of the student’s birth; recording of student’s name and birth in a family Bible or other religious text; notarized statement from the parents or another relative or guardian as to the date of the student’s birth; prior school record indicating the date of the student’s birth; driver’s license or learner’s permit; adoption record; any religious record authorized by a religious official; affidavit of identity and age; any government document or court record reflecting the date of the student’s birth; oral proof when the native language of a parent or guardian is not a written language.

The list of examples is not all-inclusive: It is imperative that schools note that this list is not all-inclusive, but it will help guide schools in determining the types of proof that would meet the statutory requirement for proof of identify and age of the student. In the case of a student who is an unaccompanied homeless youth, appropriate staff of emergency shelters, transitional shelters, independent living programs and street outreach programs may offer proof of age and identity of a student for initial enrollment purposes. When another form of identification, not listed in the statute or in the list above, is offered as proof of the student’s age and identity, the school principal may make an adjudication of whether the offered identification is “reliable proof of student’s identity and age.” Principals may contact the KDE Office of Legal, Legislative and Communications Services at (502) 564-4474 with questions regarding any other forms of “reliable proof of student identity and age.”

Providing the student’s Social Security number is optional. Though a Social Security card is an acceptable form of identification for enrollment, a school shall not request or require a parent or guardian to provide one for enrollment. A school shall inform the parent or guardian of the types of proof of identity and age listed in this guidance and the procedures for approval of any other form of proof. Schools are prohibited from asking for documentation of immigration status for enrollment. School personnel shall not ask any questions during enrollment that cause or could cause a “chilling effect” on the student’s right to education. If a school enrollment form lists Social Security card as a form of identification it will accept, then the form should clearly state that providing the student’s Social Security number is optional, not required. KRS 156.160 created the Statewide Student Identification (SSID) number system because some students do not have a Social Security number or their parents or guardians choose not to disclose the Social Security number of the student to the school.

Exact birth date not required: Proof of the age of the student (e.g., 6 years old by October 1) is sufficient for this requirement for initial enrollment. A student’s exact date of birth (month, day and year) is not required for initial enrollment.

Right to enrollment independent of immigration status: Each school is responsible for notifying its staff that a student’s right to enrollment does not depend on his/her or the parent/guardian’s immigration status. The U.S. Supreme Court, in Plyler v. Doe, 457 U.S. 202 (1982), held it was unconstitutional for a school to deny free public education to students who were not legally residing in the U.S., and schools could not ask any questions during the enrollment process which would have a “chilling effect” on a student’s right to education.

Homeless children and youths: Pursuant to the McKinney Vento Homeless Education Assistance Improvement Act of 2001 as amended by the American Recovery and Reinvestment Act of 2009, the term “homeless children and youths” means individuals who lack a fixed, regular and adequate nighttime residence and includes: those sharing the housing of other persons due to loss of housing, economic hardship or a similar reason; are living in motels, hotels, trailer parks or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; are awaiting foster care placement; have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations or similar settings; and migratory children who are living in the previously described circumstances.

Pursuant to 704 KAR 7:090, all school districts are required to have a homeless student coordinator who shall “obtain all necessary records, including birth certificates and immunization records … and place the student in appropriate programs. In cases where records are not readily available, the coordinator shall contact the school district(s) of last attendance for verbal confirmation of essential information. The coordinator shall assist the homeless student to obtain essential records which are not in existence in order that enrollment shall not be delayed or denied.” In the case of a student who is an unaccompanied homeless youth, appropriate staff of emergency shelters, transitional shelters, independent living programs and street outreach programs may offer proof of age and identity of a student for initial enrollment purposes.

Schools must ensure understanding of requirement: Each school should notify the parent or guardian of the requirements for proof of the student’s identity and age and what are acceptable forms of identification and the reasons for any refusal to enroll a student. This notice should be written in language understandable to the general public and provided in the native language or other mode of communication of the parent to the extent possible with documentation of the attempt. If the native language of the parent is not a written language, the school should take steps to ensure that the notice is translated orally or by other means so that the parent understands the content of the notice and that there is written evidence of the translation to the extent possible with documentation of the attempt.[2] School districts should include the information of this guidance, and the URL for KDE’s information on this guidance, in their handbook: http://www.education.ky.gov/KDE/HomePageRepository/New+to+KY/Frequently+Asked+Questions+About+Kentuckys+School+Enrollment+Requirements.htm.

Schools must train enrollment staff to prevent a “chilling effect”: School superintendents are responsible for conveying the information contained in this guidance to their local schools, and school principals are responsible for ensuring personnel entrusted with enrollment duties are properly instructed as to these parameters of the identification requirement. A public primary or secondary school should not engage in any practice that would inhibit or discourage an unauthorized alien student or any other student from attending. In general, only minimal information, such as name and age, can be required to enroll a student in school.

Any refusal to enroll and reporting requirements: Any school that refuses to enroll a student, based on a determination that the student does not have proof of identity and age, should provide the parent or guardian with a copy of this guidance in a language or manner that the parent or guardian understands. Schools may want to seek the services of a qualified interpreter from local entities with these resources. Any parent or guardian of a student who has been refused for enrollment based on the proof of age and identification requirement shall have a right to report the refusal to the KDE Office of Legal, Legislative and Communications Services at (502) 564-4474. Schools that refuse to enroll a student based on this requirement also shall report the refusal to the KDE Office of Legal, Legislative and Communications Services at (502) 564-4474 before the close of the following business day.

Student and parent/guardian immigration information is confidential: Any information relevant to the immigration status of a student, parent or guardian contained in an educational record is protected by FERPA and KFERPA, and schools are prohibited from causing a “chilling effect” on a student’s access to education.[3] School personnel who report suspicions regarding the legality of a student or the parent or guardian’s presence in the United States are violating FERPA, KFERPA and the Plyler preclusion of a “chilling effect.”

Only require KRS 158.032 proof for initial enrollment: KRS 158.032 only requires proof of identification and age at a student’s initial enrollment in a school in Kentucky. KRS 156.160 created the SSID system because some students do not have a Social Security number or their parents or guardians choose not to disclose the Social Security number of the student to the school. After a student’s initial enrollment, the student’s SSID shall be used to identify the student. A student transferring from another district or school in the state shall be identified with his/her SSID.


[1] Federal law prohibits a state from “deny[ing] equal educational opportunity to an individual on account of his or her race, color, sex, or national origin….” 20 U.S.C.A. 1703. “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” 42 U.S.C.A. 2000d.
Federal law also prohibits discrimination against any student who is homeless. Each state with a compulsory residency requirement must take steps “to ensure that homeless children and youths are afforded the same free, appropriate public education as provided to other children and youths….” 42 U.S.C.A. 11431.
[2] Equal Educational Opportunities Act of 1974 (EEOA). Section 1703(f) of the EEOA requires state educational agencies (SEAs) and school districts to take action to overcome language barriers that impede English Language Learner (ELL) students from participating equally in school districts’ educational programs. The U.S. Department of Justice, Civil Rights Division has interpreted this EEOA requirement to have been violated by “a school which fails to communicate meaningfully with non-English-speaking or limited-English-speaking parents and guardians of ELL students by not providing such parents and guardians with written or oral translations of important notices or documents.”
[3] 20 U.S.C.A. § 1232g; 34 CFR 99.3; KRS 160.700 et seq.; Plyler v. Doe, 457 U.S. 202 (1982).
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