Pursuant to the New York State Education Law, children over five and under twenty-one years of age who have not received a high school diploma are entitled to attend the public schools in the school district in which they reside without paying tuition. Moreover, school districts must ensure that all students within the compulsory school age attend upon full-time instruction.1 Undocumented children, like U.S. citizen children, have the right to attend school full time as long as they meet the age and residency requirements established by state law. Indeed, the U.S. Supreme Court held decades ago, in Plyler v. Doe, that school districts may not deny students a free public education on the basis of their undocumented or non-citizen status, or that of their parents or guardians.
–N.Y. State Attorney General Eric Schneiderman