Ask an Expert: Judy Goddess
Using California School Law To Advocate For Your Kids

My son will be starting high school this fall. The school's registration packet asks for a copy of his birth certificate and for his Social Security number. Is this legal?

The 1982 Supreme Court decision in Plyler v. Doe states that schools may not require a Social Security number as a condition of enrollment. If the school chooses to distribute an application form that requires a Social Security number, the Plyler decision requires that it inform parents that this information is voluntary and this section of the form does not need to be completed. The case arose because of a challenge to a Texas school district that denied school-age children admittance to public school if they could not prove that they were U.S. citizens or legal residents.

Students aren't admitted to high school on the basis of their date of birth, but on whether they have completed eighth grade or middle school, and passed the state exam given all eighth graders. While birth certificates are required for students entering kindergarten, they are not required for students entering high school unless, perhaps, the child appears to be older than 18. In that case the school is not required to admit the student.

If the school gives you trouble, you may want to contact an advocacy group such as Mexican American Legal Defense and Education Fund (MALDEF), on the Web at www.maldef.org or (916) 443-7531; or the American Civil Liberties Union (ACLU), at www.aclu.org or (415) 621-2488 in northern California or (213) 977-9500 in southern California. You can also contact the legal department at the California Department of Education by going to its Web site, www.cde.ca.gov, and clicking the "Contact Us" button.

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