All children in the U.S. have the right to attend free public school and have access to a meaningful education, regardless of their immigration status, language, country of origin, or prior formal education.

The resources in this section will help providers better understand and educate unaccompanied children and their sponsors about their educational rights, and can serve as tools for providers to advocate for families’ equal access to educational services in their communities.

• Educational Services for Immigrant Children and Those Recently Arrived to the United States (U.S. Department of Education)
• Legal Protections for K-12 English Learner and Immigrant-Background Students (Migration Policy Institute)
• Know Your K-12 Educational Rights (MALDEF)
• Welcoming Immigrant Students in School (IDRA)
• Know Your Rights: Pregnant or Parenting? Title IX Protects You from Discrimination at School (U.S. Department of Education)

Rights of English Learner (EL) Students and Limited English Proficient (LEP) Caregivers

Under Title VI of the Civil Rights Act of 1964 and the Equal Educational Opportunities Act (EEOA) of 1974, public schools must ensure that English Learner (EL) students can participate meaningfully and equally in educational programs.

The following documents from the U.S. Department of Justice and U.S. Department of Education’s Office for Civil Rights outline the rights of EL students and Limited English Proficient parents/caregivers in schools:

• Dear Colleague Letter: Rights of English Learner Students and Limited English Proficient Parents
• Ensuring English Learner Students Can Participate Meaningfully and Equally in Educational Programs
• Information for Limited English Proficient (LEP) Parents and Guardians and for Schools and School Districts that Communicate with Them
• Combating National Origin Discrimination in Schools

Reporting Discrimination:

• How to File a Discrimination Complaint with the Office for Civil Rights (U.S. Department of Education)
• Submit a Discrimination Complaint (U.S. Department of Justice)

In Plyler v. Doe (1982), the Supreme Court held that schools may not deny enrollment based on a student or family’s immigration status, nor engage in practices that may “chill” or discourage participation, or lead to the exclusion of students based on their or their parents’/caregivers’ actual or perceived immigration status. 

The following are documents issued by the U.S. Department of Justice and U.S. Department of Education’s Office for Civil Rights outlining guidance for acceptable school enrollment procedures, including regarding required documents for enrollment. Providers working with UCs can use these as advocacy tools to help facilitate an unaccompanied child’s school enrollment.

• Fact Sheet: Information on the Rights of All Children to Enroll in School
• Questions and Answers for States, School Districts, and Parents
• Plyler Dear Colleague Letter: School Enrollment Procedures
• Information on the Rights of Unaccompanied Children to Enroll in School and Participate Meaningfully and Equally in Educational Programs
• Protecting Access to Education for Unaccompanied Children

Other school enrollment resources:

• 50-State Comparison: Free and Compulsory School Age Requirements (Education Commission of the United States)
• Starting School in the United States: A Guide for Newcomer Students’ Families (REL Northwest)

The Individuals with Disabilities Education Act (IDEA) is a federal law that ensures that all children with disabilities are entitled to a free and appropriate public education to meet their unique needs and prepare them for further education, employment, and independent living.

When a student between the ages of 3 and 21 is believed to have a disability that has a substantial impact on their learning or behavior, the student is entitled to an evaluation in all areas related to the suspected disability, leading to the creation of an Individualized Education Plan (IEP).

Who is Eligible for Special Education Services?

• Definition of Child with a Disability (IDEA)

Types of Special Education Supports and Services

• Services for Children with Disabilities (ACF)
• The Difference Between IEPs and 504 Plans (Understood)
• The Difference Between Accommodations and Modifications (Understood)

Steps for Getting Special Education Assistance (resources from the Center for Parent Information & Resources)

• Requesting an Initial Evaluation for Special Education Services 
• Evaluating School-Aged Children for Disability
• All About the IEP

Rights of Families

• The Center for Appropriate Dispute Resolution in Special Education
• IDEA Special Education Written State Complaints – A Guide for Parents 

The McKinney-Vento Act is a federal law that establishes educational rights and services for homeless youth. The McKinney-Vento definition of homelessness includes a child who lacks a fixed, regular, and adequate nighttime residence. This may include youth and families who share housing due to a loss of housing, economic hardship, or other crisis. 

McKinney-Vento services for students include immediate school enrollment, transportation to their local school or school of origin, academic assistance, referral to community services, free school meals, fee waivers, and counseling for higher education.

The law also requires every school district to appoint a local homeless education liaison.

The National Center for Homeless Education (NCHE) operates the U.S. Department of Education’s technical assistance center for homeless education and has a wealth of resources for providers on this topic:

• The McKinney-Vento Homeless Assistance Act
• Determining Eligibility for McKinney-Vento Rights and Services
• Supporting the Education of Unaccompanied Students Experiencing Homelessness
• Best Practices in Homeless Education – Guiding the Discussion on School Selection
• McKinney-Vento Homeless Liaison Contacts

Are you an educator looking to learn more about how to support your students? Explore the resources below for more information.

• Welcoming Immigrant Students in School (IDRA)
• FAQ for Educators on Immigrant Students in Public Schools (ACLU)
• How to Support Unaccompanied Immigrant Children & Youth Students in US Schools (KIND)
• Supporting Students from Immigrant Families (Learning for Justice)
• Immigrant and Refugee Children: A Guide for Educators and School Support Staff  (AFT)
• Supporting Unaccompanied Minors in the Classroom  (The Immigrant Learning Center)
• Promoting Cultural Competency in Teaching  (University of Delaware)
• Beyond Teaching English: Supporting High School Completion by Immigrant and Refugee Students (MPI)
• Colorín Colorado – a bilingual site for educators and families of English language learners
• Bilingual Glossaries and Cognates (NYS Statewide RBERN)

Our UC Resource Center offers videos and handouts in Spanish for families on the topic of Education. Click the link to browse the resources and share them with your Spanish-speaking clients!

• Información Escolar

Other resources for families from the Center for Parent Information & Resources:

• Centro de Información y Recursos para Padres 
• Directory of Parent Centers for education, advocacy, and support