Department of
Education: Unaccompanied Illegal Immigrant Minors 'Entitled to' Public
Education
by Caroline May 11 Aug 2014, 12:10 PM PDT
The Department of Education released a fact sheet Monday about the availability of public
school education for undocumented immigrant children — specifically the tens of
thousands unaccompanied minors who have recently entered the U.S.
illegally.
“We have begun to receive inquiries regarding educational
services for a specific group of immigrant children who have been in the news –
children from Central America who have recently crossed the U.S. - Mexico border,” the Department of Education explains.
“This new fact sheet provides information to help education
leaders better understand the responsibilities of States and local educational
agencies (LEAs) in connection with such students, and the existing resources
available to help educate all immigrant students – including children who
recently arrived in the United States,” it adds.
The fact
sheet lays out the basics about the undocumented immigrant children’s
rights and what communities can do to help with enrollment.
“All children in the United States are entitled to equal
access to a public elementary and secondary education, regardless of their or
their parents' actual or perceived national origin, citizenship, or immigration
status,” the fact sheet explains. “This includes recently arrived unaccompanied
children, who are in immigration proceedings while residing in local
communities with a parent, family member, or other appropriate adult sponsor.”
Since October more than 62,900 unaccompanied minors have
been detained illegally entering the U.S., the vast majority of who have been
from Central America. As the fact sheet explains, the unaccompanied,
undocumented minors are placed in the care of the Department of Health and Human Services
(HHS) where HHS offers
“educational services.”
HHS then releases the children into the United States into
the custody of a family member or other “sponsor,” while in their care the undocumented
immigrant children “have a right” to attend public school.
“While residing with a sponsor, these children have a right
under federal law to enroll in public elementary and secondary schools in their
local communities and to benefit from educational services, as do all children
in the U.S.,” the sheet explains.
Read the full fact
sheet from the Department of Education:
Educational Services for Immigrant Children and Those
Recently Arrived to the United States
Schools in the United States have always welcomed new
immigrant children to their classrooms – according to the most recent data,
there were more than 840,000 immigrant students in the United States, and more than
4.6 million English learners. We have begun to receive inquiries regarding
educational services for a specific group of immigrant children who have been
in the news – children from Central America who have recently crossed the U.S.
- Mexico border. This fact sheet provides information to help education leaders
better understand the responsibilities of States and local educational agencies
(LEAs) in connection with such students, and the existing resources available
to help educate all immigrant students – including children who recently
arrived in the United States.
Background
All children in the United States are entitled to equal
access to a public elementary and secondary education, regardless of their or
their parents' actual or perceived national origin, citizenship, or immigration
status. This includes recently arrived unaccompanied children, who are in
immigration proceedings while residing in local communities with a parent,
family member, or other appropriate adult sponsor.
Under the law, the U. S. Department of Health and Human
Services (HHS) is required to provide for the care and custody of unaccompanied
children apprehended while crossing the border. While in care at a temporary
shelter, such children are not enrolled in local schools but do receive
educational services and other care from HHS providers who run temporary
shelters.
Recently arrived unaccompanied children are later
released from federal custody to an appropriate sponsor – usually a parent,
relative, or family friend – who can safely and appropriately care for them
while their immigration cases proceed. While residing with a sponsor, these
children have a right under federal law to enroll in public elementary and
secondary schools in their local communities and to benefit from educational
services, as do all children in the U.S.
Existing Resources
Existing resources that may be helpful to communities
enrolling immigrant children, including newly arrived immigrant children,
include:
• Services for Educationally Disadvantaged Children
(Title I): Title I, Part A of the Elementary and Secondary Education
Act (ESEA) provides funds to raise the achievement of children who attend
high-poverty schools. To the extent that newly arrived immigrant children
attend Title I schools, they may be eligible to receive Title I, Part A
services. Additional information about Title I, Part A programs is available here.
• Individuals with Disabilities Education Act (IDEA):
IDEA funds may be used by LEAs to evaluate children of any background who are
suspected of having a disability under IDEA. Once a child is found to be a
child with a disability under IDEA, the funds may be used to provide special
education and related services to the child consistent with the child's
individualized education program and subject to IDEA's notice and consent
provisions. Additional information about IDEA is available here.
• English Language Acquisition Programs:
States are required to set aside up to 15 percent of their Title III funds
under the ESEA for subgrants to LEAs that have experienced a significant
increase in immigrant students. Such funds can be used for a broad range of
activities including improving instruction, providing tutoring and intensified
instruction, and conducting community participation programs. Such funds may be
used to serve newly arrived immigrant children regardless of whether such
children are English Learners. Additional information about Title III is
available here and here.
• McKinney-Vento Act: The McKinney-Vento
Homeless Assistance Act delineates educational rights and support for children
and youth experiencing homelessness, including guaranteeing immediate access to
a free, appropriate public education. Federal law identifies a number of living
arrangements such as sharing the housing of others, in which inhabitants would
qualify for purposes of the Act. Under McKinney-Vento, school districts must
appoint a local liaison to ensure, among other things, that (1) children and
youth eligible under McKinney Vento are identified; (2) that they immediately
enroll in, and have a full and equal opportunity to succeed in, the schools of
the district; and (3) they receive educational services for which they are
eligible, and referrals to health care services, dental services, mental health
services, and other appropriate services.
Unaccompanied children who are in HHS shelters would not
be eligible for McKinney-Vento services, but children who are released to live
with a sponsor may be eligible on a case-by-case basis under the law's broad
definition, which includes youth who are living with family members in
"doubled-up" housing, i.e., sharing the housing of other persons due
to economic hardship or a similar reason. School districts should refer
children they believe may qualify to the district's local liaison for further
consideration and a determination of McKinney-Vento eligibility. More
information about McKinney-Vento eligibility is available here [PDF,
1.4MB] Disclaimer
and more information about the rights and services available under the
McKinney-Vento Act is available here
[PDF, 742KB] Disclaimer.
• Migrant Education Programs (MEP): MEP
funds are awarded to States under the authority of Title I, Part C of the ESEA.
The MEP provides educational and supportive services to children who are
migratory agricultural workers or fishers or who move with a parent or guardian
who is a migratory agricultural worker or fisher. Newly arrived immigrant
children may qualify as eligible migratory children on a case-by-case basis—
provided they meet the program requirements and fit the program-specific
definition of migratory child. Additional information about migrant education
programs is available here.
• National Clearinghouse for English Language
Acquisition: This Clearinghouse provides non-monetary assistance in
research-based strategies and approaches such as academic language development,
and can also share data and models for the creation of Newcomer Centers to
serve recently arrived immigrant students and English language learners.
Additional information about the Clearinghouse is available here.
Frequently Asked Questions
Q1. Do States and school districts have an obligation to
educate children who arrived as unaccompanied children to the United States?
A1. Yes. Under Federal law, States and
local educational agencies are obligated to provide all children – regardless
of immigration status – with equal access to public education at the elementary
and secondary level. This includes children such as unaccompanied children who
may be involved in immigration proceedings. The U.S. Departments of Education
and Justice published a joint guidance letter on this topic that is available here
[PDF, 171KB] and a fact sheet that is available here
[PDF, 568KB].
Q2. Where are unaccompanied children housed while in
temporary custody?
A2. The Department of Health and Human
Services operates about 100 short-term shelters throughout the nation for
unaccompanied children that care for the children until they are released to
sponsors, on average within 35 days. Shelters are operated by non-profit
organizations, generally as group homes. HHS pays for and provides all services
for the children while they are in care at a shelter. This includes providing
food, clothing, education, medical screening, and any needed medical care to
the children. The children at these shelters do not attend local public
schools, do not integrate into the local community, and remain under staff
supervision at all times. Additional information about HHS custody is available
here.
Q3. Are children provided with basic education services
while in temporary custody at HHS shelters?
A3. Yes. The children are provided with
basic education services and activities by HHS grantees. Thus, these children
do not enroll in local schools while living in HHS shelters.
Q4. Are children who arrived as unaccompanied children
ever enrolled in local schools?
A4. While students are in HHS custody at
HHS shelters, they will not be enrolled in the local school systems. When
students are released to an appropriate sponsor, typically a parent, relative
or family member, or other adult sponsor, while awaiting immigration
proceedings, they have a right – just like other children living in their
community – to enroll in local schools regardless of their or their parents'
actual or perceived immigration or citizenship status. State laws also require
children to attend school up to a certain age.
Q5. Are immunization records available for children who
arrived as unaccompanied children to the United States?
A5. While at HHS shelters, the children
receive vaccinations. When a child is released from HHS custody to a sponsor,
the sponsor is given a copy of the child's medical and immunization records
compiled during their time in custody. If a sponsor does not have a copy of the
child's medical or immunization records, the sponsor can request a new copy
from HHS via e-mail at Requests.DUCS@acf.hhs.gov.
Q6. Are children who arrived as unaccompanied children
eligible for Deferred Action for Childhood Arrivals?
A6. Deferred Action for Childhood Arrivals,
or "DACA," does not apply to children who arrive now or in the future
in the United States. To be considered for DACA, individuals must have
continually resided in the U.S. since June 2007.
Q7. Do districts have the ability to use Federal
education funds to address the needs of unaccompanied children who enroll in
the district?
A7. States and LEAs have the ability to use
various Federal education funds for this purpose. For example, to the extent
that such children attend Title I schools, they may be eligible to receive
Title I, Part A services. In addition, as discussed above, States can reserve
up to 15% of their Title III formula grants for immigrant subgrants, and if a State
has previously reserved a lesser amount, it could increase that amount for next
year's subgrants.
Q8. Is there a place to ask additional questions about
immigrant children who enroll in the district?
A8. For help with additional questions
regarding resources for unaccompanied children, please call the U.S. Department
of Education at 1-800-USA-LEARN or visit answers.ed.gov.
The Department of Education
Diane S. Ravitch was the assistant secretary
for the U.S. Department of Education,
and a senior fellow at the Brookings
Institution (think tank).
Note:
Carlos Pascual
was a VP for the Brookings Institution
(think tank), and a U.S. ambassador for Mexico.
Ernesto Zedillo was
the president of Mexico, and a board
member for the International Crisis
Group.
George Soros
is a board member for the International
Crisis Group, and was the chairman for the Foundation to Promote Open
Society.
Foundation
to Promote Open Society was a funder for the Brookings Institution
(think tank).
Lee H. Hamilton is
an honorary trustee at the Brookings
Institution (think tank), and a co-chair for the Independent Task Force on Immigration and America's Future.
Mark B. McClellan
was a senior fellow at the Brookings
Institution (think tank), and an administrator of Medicare and Medicaid for
the U.S. Department of Health and Human
Services (HHS).
Donna E. Shalala was
a fellow at the Brookings Institution
(think tank), and the secretary for the U.S. Department of Health and Human Services (HHS).
Harold H. Koh was a
trustee at the Brookings Institution
(think tank), a director at Human
Rights First, the legal adviser at the U.S.
Department of State for the Barack
Obama administration, and is Howard
K. Koh’s brother.
Howard K. Koh is Harold H. Koh’s brother, and the assistant
secretary at the U.S. Department of
Health and Human Services (HHS) for the Barack Obama administration.
Kathleen Sebelius
was the secretary at the U.S. Department
of Health and Human Services (HHS) for the Barack Obama administration, and Dora Hughes was her counselor for the U.S. Department of Health and Human Services (HHS).
Dora
Hughes was Kathleen Sebelius’s
counselor for the U.S. Department of
Health and Human Services (HHS), and is a senior policy adviser for the Sidley Austin LLP.
James
D. Zirin is a senior counsel at Sidley
Austin LLP, and was a director at Human
Rights First.
Mark
A. Angelson was a director at Human
Rights First, a partner at Sidley
Austin LLP, and is a trustee at the Institute
of International Education.
Michelle
Obama was a lawyer at Sidley Austin
LLP.
Barack
Obama was an intern at Sidley Austin
LLP
R.
Eden Martin is counsel at Sidley
Austin LLP, and the president of the Commercial
Club of Chicago.
Newton N. Minow
is a senior counsel at Sidley Austin LLP,
and a member of the Commercial Club of
Chicago.
No comments:
Post a Comment