ACLU sues Northern Valley Regional, but schools chief refutes discrimination charge

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BY MICHAEL OLOHAN
OF NORTHERN VALLEY PRESS

Demarest, New Jersey—The Northern Valley Regional High School District—one of 12 school districts statewide being sued by the American Civil Liberties Union of New Jersey for enrollment policies that allegedly discriminate against immigrants—believes it was wrongly singled out by the organization.

The ACLU lawsuit said the 12 school districts in 10 counties statewide have required that students provide forms of identification, including Social Security numbers or valid immigration status, as a condition of enrollment.

In its suit against Northern Valley Regional High School District, filed July 26 in Superior Court, the New Jersey ACLU alleged the district’s policies of requesting documents, including a parent’s state driver’s license, illegally prevents immigrants who lack such identification from registering a child in a district high school.

Driver’s license ID cited
“In addition to requesting proof of residency, age, current immunizations (all of which are permissible), the Northern Valley Regional High School District … adds an impermissible and discriminatory registration hurdle: a requirement that parents provide a valid driver’s license or photo identification issued by the New Jersey Motor Vehicles Commission,” states the ACLU lawsuit.

“It is not possible for immigrants who lack Social Security numbers or a valid immigration status to obtain such identification. Therefore, these residents and their children are prevented from registering for school and are denied equal protection of the laws,” the lawsuit continues.
‘Properly domiciled’ students

Joseph Argenziano, president of Northern Valley Regional District’s Board of Education, said the district “does not discriminate against any student that is properly domiciled. We do not discriminate and have not discriminated,” said Argenziano, reached July 27.

Argenziano said the district follows the state administrative code and that a driver’s license “is just one document that can be used to show proof of where you live.” He said a student “must be domiciled in one of the region’s towns” for a student to be enrolled and that no specific document, such as a driver’s license, proving proof of residency, is required.
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Two parts: Proving residency
Argenziano said there are two parts to establish proof of residency. First, parents must provide one of these documents: a property tax bill, a deed, a contract of sale, a renter’s lease, mortgage statement, signed letter from a landlord, or other evidence of property ownership, tenancy or residency.

Part two requires parents to provide two of the following documents: utility bills, financial account statements, delivery receipts, driver’s license, or other evidence of attachment to a particular location, said Argenziano.

“We expect to be dismissed from this lawsuit shortly. There is no evidence that we’ve ever implemented anything to deny a student that is properly domiciled an education,” Argenziano said.

‘Baseless charges’
“These allegations are misleading. Northern Valley is committed to complying with all state and federal regulations and we do not discriminate against anyone in any form whatsoever. Rest assured we are going to vigorously defend ourselves against these baseless charges,” emailed Superintendent James Santana July 27, responding to the lawsuit.

Elyla Huertas, an ACLU-NJ staff attorney, said in New Jersey, one in five residents is foreign-born.

With national attention focused on restricting immigration and detaining immigrant families, she said “it’s more important than ever for every school district in New Jersey to meet its obligations, both to New Jersey’s families and to the Constitution.”

Previously, ACLU-NJ conducted audits of the state’s school districts’ enrollment policies in 2008 and 2014.

Over the last four years, according to online news reports, ACLU-NJ sued 13 districts with similar alleged discriminatory enrollment policies. In every case, the districts agreed to change their policies.
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