Students are legally allowed to enroll in public school between the ages of 5 and 21. However, there has been an increase in school districts denying enrollment to youth 16 and up out of suspicion they will “drop out” before graduation.
Additionally, here is a list of everyday school practices that can unintentionally harm undocumented students and families:
ENROLLMENT PRACTICES
Schools may ask for Social Security Numbers, but families are not required to provide them
Schools cannot demand proof of citizenship or immigration status for enrollment
A student cannot be denied initial enrollment based purely on missing health/immunization documents and must be given notice, as well as 30 days to summit the missing items
Learning more about your rights and responsibilities for enrollment
OVER-POLICING AND HARSH DISCIPLINE
School Resource Officers or SROs, are sworn law enforcement officers assigned to schools. There is a long history of SROs enforcing highly punitive disciplinary practices in schools that discriminate 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 share information about students with law enforcement and immigration agencies (like ICE) through “gang databases that collect information about individuals police suspect of gang involvement
Student behavior can be misunderstood due to lack of cultural awareness and training for school personnel
EJA believes schools must implement trauma informed practices to support students and prioritize healing and growth as a way to help students overcome challenges
File a complaint if you have been harmed or mistreated by school police or security guards
DATA COLLECTION & SHARING
Schools are required to notify the student or parent before disclosing records, unless a court has ruled otherwise.
You should know that…
A federal law (FERPA) protects the privacy of student education records and generally prohibits schools from sharing student information without parental consent, with an exception for third-party contractors, such as 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
Schools may also incorporate threat assessments, facial recognition technology, and social media monitoring
Learn more about your data rights and responsibilities when it comes to data collection and sharing
LANGUAGE AND COMMUNICATION BARRIERS
If schools do not communicate in a family’s home language, critical information can be lost, leading to misunderstandings or missed deadlines. This makes it harder for families to advocate for themselves.
Here’s what you need to know…
Schools must provide information in a language you can understand
Schools must provide language assistance if you request it, even if your child is proficient in English
Schools cannot ask students or untrained school staff to translate or provide interpretation
Here’s more information about language services for families
Use this template to ask your local school board or principal about language access policies