School Registration: ELLs and Immigrant Students

a man with two boys in a school office

All students have a correct to a public One thousand-12 education regardless of immigration status. Learn more than well-nigh registration and enrollment policies for ELLs and immigrant students in U.S. public schools from the following resources.

^{Photo credit: Condign Bilingual (PBS Launching Young Readers).}

FAQs

Does clearing status affect whether students tin enroll in U.South. public schools?

No. Every kid has a constitutional correct to a free public K-12 education, regardless of immigration condition or parents' immigration status.

Can schools ask almost a student's clearing status during enrollment?

No. Public schoolhouse districts have an obligation to enroll students regardless of their immigration condition and without discrimination on the footing of race, color or national origin. Some teachers worry that, similar mandated reporting for criminal offenses, they are supposed to report undocumented condition. This is not true. In fact, schools are meant to exist prophylactic spaces in which students cannot be deterred from accessing their correct to public schooling. Requesting, sharing, or reporting a family's documentation status could serve as a deterrant, every bit explained in this video featuring ESL teacher Lori Dodson. In addition, all families are protected under the Family Educational Rights and Privacy Act (FERPA) regardless of immigration status. (See this tip sheet from the American Federation of Teachers for more data.)

If you are concerned that front office staff are non aware of these policies, or are not implementing them correctly, keep in heed that it may be a question of not having the correct data. If speaking to an administrator does not accept an touch on how these policies are implemented, you may wish to consult with your teachers' wedlock or local immigration advocates who are familiar with relevant policies. Community or legal organizations may also be able to assist provide the necessary training for staff. You can learn more about this outcome in these news articles:

Conn. District Prepare Enrollment Barriers for Families With Limited English
Some schools in California asked parents for Social Security numbers. Now schools are on country'due south radar

Which documents are schools allowed to request during enrollment?

Schools are immune to asking proof of residency in the school commune and proof of age. Even so, the district may not forbid or discourage a child from enrolling based on the documentation presented, such as a foreign nativity certificate. For detailed information on what is and is not acceptable, run across the following guide published by the California School Board Association: Legal Guidance: Providing All Children Equal Admission to Education, Regardless of Immigration Status.

Let The states Learn: Schools for Every Child

For more information, see these FAQ for Educators on Immigration from Let U.s.a. Learn: Schools for Every Child, an initiative of the Lawyers' Commission for Civil Rights Under Law to "protect the constitutional right of all children, regardless of their immigration status, to nourish public school in the United states of america." This grouping sent letters to all state attorneys general in the fall of 2022 reminding them that all students can enroll in K-12 students regardless of immigration status. The above FAQ includes data on:

students' rights to a G-12 public education regardless of clearing status
extracurricular activities and gratis- and reduced-meals
information that cannot be requested during schoolhouse enrollment
documents that can and cannot be requested during school enrollment
recommended resources

Recommended Resources

Laws and Policies: Immigrant Students in U.Due south. Schools

Dear Colleague Letter: Joint Letter from the U.Due south. Department of Education and U.S. Department of Justice (2014): Under Federal police, States and local educational agencies are obligated to provide all children – regardless of clearing condition – with equal access to public education at the elementary and secondary level. This includes children such equally unaccompanied children who may be involved in immigration proceedings. The U.S. Departments of Education and Justice published a joint guidance alphabetic character [PDF, 171KB], a fact sheet [PDF, 568KB] and a prepare of Questions and Answers [PDF, 311KB] on this topic.
Educational Services for Immigrant Children: What Schools Demand to Know: The U.Southward. Departments of Education and Justice released fact sheets, FAQs, and enrollment guidance related to the educational services for immigrant children and families in January 2015. These fact sheets (also available in Castilian) and the Civil Rights information provide a summary of what schools need to know.

Plyler vs. Doe: A Landmark Supreme Court Example

Plyler vs. Doe is the court case that guaranteed undocumented students a correct to a gratis public education in U.S. schools. Learn more than from the following fact sheets and from our interview with Attorney Roger Rosenthal.

Fact Sheet: Public Education for Immigrant Students: Understanding Plyler 5. Doe (American Immigration Council)
Plyler v. Doe: However Guaranteeing Unauthorized Immigrant Children's Right to Attend U.S. Public Schools (Migration Policy Institute)

Notation: Plyler was cited in the court cases that ruled that California's Proffer 187 (1994) was unconstitutional and that blocked many provisions of Alabama's H.B. 56 (2011).

Roger Rosenthal explains its significance for U.S. schools

bennettovelly1984.blogspot.com

Source: https://www.colorincolorado.org/school-support/school-registration-ells-and-immigrant-students

School Registration: ELLs and Immigrant Students