Latino children at one-in-five New York State school districts are being barred from receiving an education because of their immigrant status, the New York Civil Liberties Union said on Thursday.

In reviewing just 20 percent of New York school districts, surveyors found the majority of schools were preventing dozens of Latino children from receiving an education.

"All children have an equal right to a public school education, regardless of their immigration status," said Donna Lieberman, executive director of New York Civil Liberties Union (NYCLU).

The survey of policies at 139 district schools was carried out following complaints of restrictive enrollment happening at Long Island school districts.

Newsday reported that more than 30 Latino students in Hempstead had been signing in for attendance and then told to go home. The Nassau County chapter NYCLU held a press conference on Oct. 14. 

"These kids need to be in school now. They haven't been in school since it opened," said Diane Goins, Long Island president, New York Communities for Change. "They come, they sign in, and then they go home. They say there's no room for them. I don't even know how they are chosen to go home. But we all know these kids are Hispanic. But we don't know how they were chosen."

The state attorney general's office and State Education Department said they would investigate the school district to see if students were being denied their constitutional right to an education.

After hearing about students being denied access to a free public education, the NYCLU carried out its survey. What they discovered was a shocking widespread violation of the federal laws. The 139 school districts they surveyed were in the counties of Albany, Columbia, Erie, Jefferson, Monroe, Nassau, Orange, Suffolk and Westchester.

The survey shows 73 school districts, including 25 in New York City, require birth certificates for enrollment. Nineteen specified the "original" birth certificate. Twenty-two, including 13 districts in New York City, asked students for date of entry into the United States at enrollment. Sixteen wanted students' immigration status for enrollment, and 10 districts required social security cards for enrollment. Nine districts asked if students were American citizens.

This is not the first time the NYCLU has found enrollment barriers. It first alerted the New York State Education Department in 2010 about the same problem. They written again to SED again about the same violation and demanded the creation of a model universal enrollment form and list of permissible documents.

Under the Supreme Court ruling of Plyler vs. Doe in 1982, the court ruled that states are in violation of the 14th Amendment of the Constitution when they deny undocumented children the chance to get an education. New York State Education Law guarantees children older than five and younger than 21 a free public education. Schools may ask about a student's age and address, but they cannot under law inquire about a student's immigration status or require birth certification.