Policy 7140


Although not required by law, the District may take a census of all children from birth to 18 years of age. Census data will be reported as required by law.

Count of Immigrant Children and Youth

The District is required to count the number of "immigrant children and youth" enrolled in the public and nonpublic schools in the geographic area under the jurisdiction of, or served by, the District. The results of this count have important implications for the receipt of supplemental federal funds to the District for services to recently arrived immigrant children and youth.

For purposes of this count, the term "immigrant children and youth" will include those individuals who:

a) Are ages three through 21;
b) Were not born in any state or from the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the U.S. Virgin Islands, the Northern Mariana Islands, or the Trust Territory of the Pacific Islands; and
c) Have not been attending schools in any one or more States for more than three full academic years.

Each nonpublic school within District boundaries will report its data to the District. It is the responsibility of the District to report its immigrant count as well as the counts for all nonpublic schools within its jurisdiction.

In accordance with law, the District will conduct its survey and submit the information electronically to the SED by the specified deadline date. The District must also maintain on file a list of the immigrant students counted, their countries of origin, dates of arrival, and the public or nonpublic school in which they are registered as well as copies of the letter to each of the nonpublic schools in its jurisdiction regarding the count.

Policy References:

20 USC § 6811
Education Law §§ 3240-3243 and 4402(1)(a)
8 NYCRR § 200.2(a)

NOTE:  Refer also to 
Policy 7650 - Identification and Register of Children with Disabilities (Child Find) 

Adopted: 6/22/99
Revised: 9/6/22

Policy 7140