While students are legally allowed to enroll in public school between the ages of 5 and 21, there has been an increase in school districts denying enrollment to youth 16 and up out of suspicion they will “drop out” before they graduate. Additionally, certain everyday school practices can unintentionally make things more dangerous for undocumented students and families.

Enrollment Practices

You should know that..

• In North Carolina, the maximum age for enrolling in public schools is 21 years old on the first day of school. To enter kindergarten, a child must be 5 years old on or before August 31st. 
• Schools may wrongly ask for Social Security Numbers. Families are not required to provide them.
• Schools cannot demand proof of citizenship or immigration status for enrollment.
• School districts are not allowed to delay enrollment after being provided the required documentation.
• School districts must allow students 30 days to obtain the necessary documentation to enroll if the parent/guardian fails to provide any of the required documents at the time of enrollment

Want to learn more about your rights and responsibilities for enrollment? Click here

Over-Policing and Harsh Discipline

School Resource Officers or SRO’s, are sworn law enforcement officers assigned to schools with the responsibility of ensuring the safety and security of students and staff. The truth is, there is a long history of SRO’s enforcing highly punitive disciplinary practices in schools, which continues to enforce a system that discriminates against Black and Brown students.

You should know that..

• Schools with SROs are more likely to involve law enforcement for minor issues.

• Black, Brown, and immigrant students are more likely to be suspended, expelled, or referred to the police — all of which increase exposure to ICE.

• Some police departments maintain “gang databases” that track individuals they suspect of gang involvement, sometimes based on small details like clothing (e.g., specific sneaker brands/colors).

• Student behavior can also be misunderstood due to a lack of cultural awareness and training for school personnel, leading to higher numbers of students being placed in “gang databases”. 

• Gang databases are often shared with law enforcement and immigration agencies (like ICE). Being listed can lead to severe consequences, including students being pushed out of schools and into the criminal justice or deportation systems.

• School safety must be proactive rather than reactive and it should intentionally engage the whole school community in the implementation of it. It should address the socioemotional and developmental needs of students by creating an environment that emphasizes the physical and emotional safety of the student. 
• Schools must implement trauma informed practices to support students who have experienced harm. These practices should prioritize healing and growth as a way to help students overcome challenges. All students benefit In a school that prioritized mental health services.

These factors contribute to a system that pushes students out of schools. Students who miss school can face truancy charges. Court involvement — even for a minor issue — can reveal immigration status and trigger enforcement.

• Have you been harmed or mistreated by school police officers or security guards? Click here to learn more about filing a complaint.
• If your rights have been violated based on immigration status. Click here
• If you would like to request a training, click here. 

Data Collection & Sharing

Schools are required to notify the student or parent before disclosing records, unless a court has ruled otherwise. Schools should never disclose more information than they are required to and should avoid collecting information that is not needed to serve students. 

You should know that..

• FERPA is a federal law that protects the privacy of student education records and generally prohibits schools from sharing student information without consent. However, exceptions allow schools to share data with third-party contractors, such as private companies that provide surveillance technologies. 
• Schools collect sensitive data like addresses and contact information. This information can reach ICE via police and public records if the information is not well protected. 
• Any sharing of this information without proper consent or legal justification is a major risk.
• Aside from data sharing agreements, schools may also incorporate threat assessments, facial recognition technology, and social media monitoring. While these initiatives are meant to enforce safety, they are more likely to foster fear in students, making it more challenging for teachers and staff to develop healthy relationships with students. 

Want to learn more about your rights and responsibilities when it comes to data collection and sharing? Click here

Language and Communication Barriers

Education Justice Alliance believes in creating and maintaining multilingual spaces where families can feel free and comfortable expressing themselves in the language that they choose, including their native language, and not in the language that is imposed by white supremacist ideas. We recognize that in order to build collective power we must be able to show up as our full selves which includes being able to speak in our native languages. This will allow us to understand and respect each other fully.

• State and federal laws require school districts to ensure all children, regardless of their native language, have the opportunity to succeed. 
• Your school must provide information in a language you can understand.
• Your school must provide language assistance if you request it even if your child is proficient in English.
• Your school cannot ask your child, other students, or untrained school staff to translate or interpret for you.
• If schools don’t communicate in families’ home languages, critical information can be lost, leading to misunderstandings or missed deadlines.This makes it harder for families to advocate for themselves and increases their risk.
• School board meetings are an important place to advocate for the rights of your student.  Unfortunately, interpretation services continue to be highly inconsistent across counties in North Carolina; creating an unnecessary barrier between non-English speaking families and their school community.

Click here for more information and guidance for families.
Email your local school board or principal asking what language access policies they have in place. Need a template? Click here to download one.