Teenage Immigrant Illegally Barred From Attending New York School, Family Claims
MAMARONECK, N.Y. (CBSNewYork) -- The family of a teenage immigrant student claims he has been illegally barred from attending Mamaroneck High School, according to a petition filed Wednesday by the New York Civil Liberties Union.
The student, referred to by the initials C.M. in documents provided to WCBS 880, is originally from Guatemala. His family lived in New Rochelle, where he was enrolled in high school with no problem until moving to Larchmont on April 1, the NYCLU said. Larchmont is within the Mamaroneck Union Free School District.
When C.M.'s mother Aura Melgar attempted to enroll him in the local high school, she received a letter denying him admission: "Based on the information you provided it appears that [C.M.] has previously graduated from the highest level of compulsory education offered in Guatemala. According, [C.M.] is not entitled to attend Mamaroneck High School tuition free."
But that "highest level," according to NYCLU Executive Donna Lieberman, is only the equivalent of ninth grade.
"It's so bizarre," Lieberman told WCBS 880's Alex Silverman. "In New York, every child is allowed to go to school until they get a high school diploma or reach the age of 21, and Mamaroneck is flagrantly violating that."
Mamaroneck Superintendent Dr. Robert Shaps told WCBS 880 he is confident the district's determination in C.M's case is in line with state protocol.
"If a student has completed the equivalent education, they are not entitled," Shaps said, noting that C.M.'s two younger siblings were admitted.
The appeal petition notes that "the Equal Protection Clauses of the United States and New York Constitutions prohibit discrimination on the basis of national origin or alienage."
Asked if NYCLU is suggesting a motive for the denial, Lieberman said, "It really doesn't matter what the motive is. The law doesn't say students only have a right to admit students that will be easy or make their scores go up. Civic lesson number one is you have to apply the law equally. You cannot deny the student entry to your public high school supported by taxpayer dollars simply because he's an immigrant."
"We pride ourselves in the fact that we take the process seriously," said Shaps, the superintendent, insisting C.M.'s transcript was evaluated "against the educational law of Guatemala."
For now, C.M. is attending New Rochelle High School on a "temporary basis," Lieberman said.
