Denied Enrollment in Public School? Know Your Rights

Congruence Law, P.C. Represents Families Challenging Unlawful School Enrollment Barriers

Public schools are funded by taxpayers—and your child has a right to attend without facing unnecessary or illegal obstacles. When schools deny enrollment based on residency disputes, immigration status, custody issues, or special education needs, they may be violating federal and state law.

At Congruence Law, P.C., we help families challenge improper enrollment denials, demand fair access, and ensure that every child receives the education they’re entitled to—regardless of background, address, or circumstance.

The Right to Public Education: What the Law Says

Under the U.S. Constitution and state education laws, public schools must provide a free public education to all children residing in the district, typically from ages 5 to 21. Additional legal protections include:

➤ Plyler v. Doe (1982)The U.S. Supreme Court held that immigration status cannot be used to deny enrollment in public schools.

➤ McKinney-Vento Homeless Assistance ActGuarantees school access for children who are homeless, doubled-up, or temporarily displaced.

➤ IDEA and Section 504Students with disabilities cannot be excluded or delayed from enrollment while awaiting evaluations or services.

Common (But Illegal) Reasons Schools Deny Enrollment

• Claiming residency isn’t proven, despite sufficient documentation

• Rejecting enrollment because of special education needs

• Refusing access due to language barriers or immigrant status

• Delaying enrollment until immunizations or records are “complete”, without temporary admittance

• Requiring both parents’ documentation in shared or nontraditional custody situations

• Using discipline history to deny access, in violation of due process and reentry rights

What Documents Can Be Required?

While schools may ask for reasonable proof of residency, they cannot:

• Demand a lease or utility bill if other credible documentation exists (e.g., affidavit, employer letter, shelter verification)

• Require a social security number, green card, or proof of citizenship

• Insist on custody papers if the student resides with a responsible adult in the district

• Deny enrollment while waiting for health or academic records

Schools must provide clear, non-discriminatory enrollment policies and cannot create barriers that disproportionately affect low-income, immigrant, or disabled families.

What We Do at Congruence Law, P.C.

We advocate for students unjustly kept out of school by red tape or discrimination. Our legal services include:

• Challenging unlawful denials or delays in school enrollment

• Assisting with residency affidavits or appeals to district officials

• Filing complaints under McKinney-Vento, IDEA, or Title VI

• Ensuring immediate enrollment for students with disabilities, in foster care, or facing housing instability

• Advising parents in joint custody situations, including disputes over school choice and transportation

• Litigating enrollment discrimination cases when necessary

We move quickly—because lost school days mean lost learning and lost rights.

What Schools Say—and Why It Often Doesn’t Hold Up

“We need more documents before we can enroll your child.”→ Enrollment cannot be denied based on unavailable or nontraditional documentation when other proof exists.

“You don’t live in our district full-time.”→ Many state laws allow enrollment based on primary residence, even if the student moves between households.

“We can’t enroll until we get the IEP or immunization record.”→ Schools must provisionally enroll and support the student while records are obtained.

“We don’t enroll students with pending legal issues.”→ Blanket exclusions violate due process and state education laws.

Pitfalls to Avoid

• Not asking for the enrollment denial in writing. Verbal denials are hard to challenge without documentation.

• Delaying action. Every day a child is kept out of school could support a legal claim.

• Assuming immigrant or non-custodial parents have fewer rights. They don’t.

• Failing to invoke McKinney-Vento or IDEA rights. Immediate enrollment may be guaranteed under federal law.

Why Choose Congruence Law, P.C.

We believe that public education is not a privilege—it’s a right. When schools create barriers for children who need access the most, we take action. We know the laws, the timelines, and the pressure points that get results.

If your child has been denied enrollment, delayed, or redirected without legal basis, contact us today:

education@congruencelaw.com or at 202-630-8141

Let us help you open the school doors—and keep them open—no matter your family’s background or circumstance.