Saugus implemented a new school enrollment policy in August 2023, one that advocates believe discriminates against immigrant parents. Two nonprofits are now taking the town to court to get records that show how the town came to the decision to launch the rule, and how it’s been executed when parents violate it.
Lawyers for Civil Rights and Massachusetts Advocates for Children filed suit against the school district in Essex Superior Court over record requests they say are unfulfilled. The groups, represented by Anderson & Kreiger LLP, believe that the policy illegally denies school admission to families who do not fill out the town’s census and imposes overly stringent residency and proof of identity requirements that impact immigrant families, and could launch open-ended investigations into them.
“The school district has essentially refused to turn over any documents that would show why the policy was enacted in the first place and exactly how it’s being used to exclude young children from school,” said Oren Sellstrom, litigation director for Lawyers for Civil Rights.
The groups became aware of the issue when immigrant families reached out earlier this year, and wrote a demand letter to the school committee, asking the school committee to rescind it. They also requested public records to learn more about the policy’s execution in a letter to Saugus’s records officer, Christine Moreschi, in May. The school committee refused to rescind the policy in August, and only shared a copy of the policy in the response to the records request.
The attorneys allege in their complaint that students have “missed months of school, [had an] inability to secure adequate transportation to and from school, and other barriers to entry.”
The policy requires families to fill out a town of Saugus Census to be eligible to register their children. It also notes that immigration records will be sent to the next school the family might have their children attend and mentions civil fines and other penalties if families don’t comply.
“That is entirely illegal, beyond the scope of what Massachusetts law allows and exists as a barrier to all families — but, in particular, immigrant families who are enrolling their children in the Saugus school district,” said Sellstrom.
The superintendent’s office and school district didn’t reply to requests for comment.
Vincent Serino, chairman of the Saugus School Committee, initially had no comment, but then said that Moreschi is no longer with the town and didn’t know who her replacement is. Serino said he gave Lawyers for Civil Rights the policy document.
“With all due respect, we haven’t had one issue. I mean, we haven’t had one issue,” said Serino, when asked if the policy has initiated any calls to parents who are in violation of it.
He said that no parents have gone to the school committee and levied complaints about the policy. Asked if the school district had ever asked for immigration records related to an alleged violation of the policy, Serino asked, “is that our job?”.
Asked again, he said he “doesn’t know about that, everyone’s enrolled, so I guess not. You’re asking me — I’m not at the school enrollment. I am a volunteer.”
He said no one has been turned away, and everyone has been enrolled.
An attorney with Massachusetts Advocates for Children said families impacted by the Saugus policy reached out for help earlier this year.
“The families had initially contacted MAC when they were facing barriers to enrolling their children in school, which is how we became aware of the issue,” said Diana Santiago, MAC’s legal director.
She said the kids are now enrolled in school. “But then this policy — again, just on its face — appears to really be discouraging of immigrant families in the community enrolling their children in school,” she said.
Sellstrom point to a similar situation in Norfolk where the town said students in emergency shelters wouldn’t be educated. The attorney general’s office intervened and the district reversed course, and took the policy off its books. They’re hoping the same result will play out in Saugus.
The attorney general’s office is aware of the lawsuit and is working with the district and coordinating with the Department of Elementary and Secondary Education.
“Federal and state law give all students equal access to a public education, regardless of immigration status. The Attorney General’s Office is in touch with the Saugus School District regarding their school admissions policy,” wrote a spokesperson for Attorney General Andrea Campbell’s office.
The Healey administration has also been in communication with the district.
“Children in Massachusetts have a right to a public education, regardless of circumstances,” said Secretary of Education Patrick Tutwiler on Wednesday in an emailed statement. “The Healey-Driscoll administration condemns any policies or actions that dissuade families from pursuit of that right.”
On Sept. 10, 2024, DESE Acting Commissioner Russell Johnston sent a memo to all Superintendents, Charter School Leaders, the Massachusetts Association of School Committees, and other education leaders noting the state’s policies, and a guidance to support homeless students. The Department of Elementary and Secondary Education is also hosting a webinar for districts in October on “Welcoming and Enrolling Newcomers.”
In cases where newly arrived families do not have the standard enrollment documents, a school district should immediately enroll students and work with families to find alternative means to establish residency and other eligibility requirements, according to the attorney general’s office. Campbell’s office encourages anyone experiencing discrimination to file a complaint with the AGO’s Civil Rights Division online or call 617-963-2917.
Under the federal McKinney-Vento Homeless Education Assistance Act, schools are required to immediately enroll homeless students — including those that are migrants — even if their families are not able to produce the standard residency verification documents.
