Immigration

Should undocumented students be afraid? These are their rights.

PHOTO: Dylan Peers McCoy

For many who have immigrated to the United States, President Donald Trump’s call for the U.S. to build a wall at the Mexican border, cut off funding for “sanctuary” cities and ban refugees have ignited fear and uncertainty.

For undocumented students, or those who have undocumented relatives, these fears are particularly salient.

At a Indianapolis Public Schools board meeting last week, Manuel Martinez, an IPS parent, called on the district to support families and help them learn about their rights. Parents and grandparents of IPS students are afraid they will be deported, he said.

“This is producing a toxic environment that doesn’t allow for kids to learn or succeed academically. Many parents are worried about being separated from their children,” Martinez said. “There is a sense that this could happen at any time.”

Here are some basics on the rights of undocumented students and what the district could do to support their families.

What is a “sanctuary” city, university or district?

Some U.S. cities and counties that have adopted policies meant to protect undocumented immigrants are known as sanctuaries. These areas often have policies that discourage law enforcement from asking about immigration status or prevent jails from holding people at the request of Immigration and Customs Enforcement.

But the term “sanctuary” is ambiguous, and its use is different in the context of schools and universities, where it typically focuses on limiting ICE access to student information and campuses.

Could IPS become a “sanctuary” district?

Amid growing fear for the rights of immigrants, school districts joined cities and universities across the country in declaring themselves sanctuaries for undocumented students.

The National Immigration Law Center prepared a model resolution for school boards that includes a range of policies to protect the rights of immigrant families. The resolution aims to limit federal immigration authorities from gaining access to student information and campuses. It also provides resources for undocumented families.

Last week, board member Kelly Bentley suggested IPS should consider joining their ranks.

“We’ve got some families that probably feel quite vulnerable right now,” Bentley said. “We need to do everything we can to let our families know they are welcome in this district and that we are going to do everything we can do protect them.”

Some of the policies from the National Immigration Law Center, however, might be illegal in Indiana. Under a 2011 state law, a governmental body may not have a policy barring employees from communicating with federal officials about immigration status.

Even if the district does not adopt new policies, however, students already have protections.

Do undocumented students have a right to an education in K-12 schools?

Children are entitled to a free, public education regardless of their immigration status. That was decided more than three decades ago in the U.S. Supreme Court case Plyler vs. Doe, according to Michael Olivas, a professor at University of Houston Law Center and acting president of University of Houston Downtown.

“A student is a student is a student,” he said. “The protections are exactly the same.”

In fact, undocumented students are required by truancy laws to attend school, said Olivas, who wrote a book on the influence of Plyler.

While school districts occasionally hinder undocumented students from enrolling, those issues are typically resolved when attorneys step in, he said.

“As confusing as the system is,” Olivas said, “there have been no recent governmental actions that would affect K-12 students who may be out of status or whose parents may be out of status.”

Can school officials ask about immigration status?

School officials are not allowed ask students about their immigration status as a condition of enrollment or require children to provide Social Security numbers. Officials may ask students about their immigration status, however, if they have a legitimate reason, such as if a student is eligible for a scholarship they can only receive if they are in the country legally, Olivas said.

Can ICE agents get information from schools or come to a campus to detain students?

The Family Educational Rights and Privacy Act forbids schools from sharing identifiable student records without parental permission, and undocumented students have the same privacy rights as their peers. But law enforcement officers, including ICE agents, can still access student information in some situations.

“As long as a legitimate law enforcement claim is issued, than a school district or for that matter a college or university, must turn over data,” Olivas said.

Law enforcement officers could also detain children while they are at school if they have a tangible government interest, Olivas said. Although there have been some ICE raids of parents at schools, ICE policy discourages action at sensitive locations, including schools.

“School districts are not the place where we play out these pageants,” Olivas said. “Children are off limits.”

Chalkbeat reporter Shaina Cavazos contributed to this story.

language learning

Westminster district signs agreement to better serve students learning English

Students work on an English assignment at M. Scott Carpenter Middle School in Westminster. (Photo by Nic Garcia)

Teachers in Westminster schools will get new training for educating students who are learning English as a second language, and the district will have to create a way to evaluate how they are providing that education.

Those are just two of a long list of changes the district will make after the superintendent signed a settlement agreement with the U.S. Department of Justice to change the way Westminster Public Schools educates students who are identified as English language learners.

The settlement agreement is the result of a federal investigation in which the U.S. Department of Justice claimed the district was in violation of non-discrimination laws. According to a brief summary online, federal officials, “examined whether the district was identifying and serving its English learner students in compliance with the Equal Educational Opportunities Act,” and entered into the agreement “to resolve the District’s noncompliance” and “ensure that (English learner) students receive the support they need to succeed.”

The original complaint was not immediately available. The agreement also notes that the district disputed the claims and argued its schools were in compliance with the law.

School district officials were not available to comment on the agreement.

Other districts in the region have had issues with the federal government related to educating English learners. Adams 12 officials signed a settlement agreement with the U.S. Department of Justice in 2010. The Adams 14 district reached a settlement agreement in 2014 after an investigation by the U.S. Department of Education. Denver Public Schools has been under a court-ordered agreement for more than 30 years.

In the current school year, about 40 percent of Westminster’s almost 9,500 students are identified as English learners. The agreement, however, suggests that the district might not have properly identified all the students who need English language services.

As a whole, the Westminster district has struggled academically on state criteria. The district was one of the first to face state accountability hearings last year and was put on a state-ordered plan to show improvement.

In the latest round of state test data, the Westminster district was one of the only districts in the metro area where English language learners had worse growth scores than native English speakers in both math and English. In the previous round, there was no gap in growth scores on English tests.

When it comes to graduation rates, the district’s English learners outpace the district overall. In 2017, for instance, 59.3 percent of students who speak limited English graduated in four years, compared to 57.8 percent of all district students. Looking at six-year graduation rates, the district’s English learners also outpace the state’s English learners.

Among the most detailed changes in the settlement agreement are changes to how teachers are trained to work with students who speak a language other than English.

The agreement states that “all English language development instruction will be provided by a CLDE-endorsed teacher or one who is “on-track” to complete” the state certification.

According to data provided by the district in December, 83 district staff members at that point had that state certification to teach culturally or linguistically diverse students. The district has more than 1,000 staff members including about 500 teachers. The agreement lays out a timeline for when teachers must complete the certifications, when the district must revise their internal training for new teachers and when they must complete their training program for existing teachers.

The training materials for those programs must be submitted to the federal government for review within 60 days of the agreement.

Some of the other requirements laid out in the agreement:

  • Within 45 days, the district must identify students who after five years of services have not yet become fluent in English, and must ask the parents whether they want their children to get additional help.
  • The district will have to train employees to review whether parents need translation services, and will train them on how to explain to parents how they may get access to qualified interpreters.
  • Except in an emergency, the district is not to use students, family, or friends of parents for interpretation or translation services.
  • The district must review its procedures for identifying students who are English learners — including students who are new to the country, and students who are long-term English learners — and must review files of all students enrolled in the district during the last four years to find students who might have qualified as English learners and who weren’t tested or identified.
  • The district must also staff each school with a specialist with a state endorsement for teaching culturally and linguistically diverse students, including at the district’s Colorado STEM Academy and Westminster Academy for International Studies, in order to “provide an equal and meaningful opportunity for (English learners) to apply” and participate in the schools.

Read the full agreement below.



pre-k for all

New York City will add dual language options in pre-K to attract parents and encourage diversity

PHOTO: Christina Veiga
Schools Chancellor Carmen FariƱa, back right, visits a Mandarin pre-K dual language program at P.S. 20 Anna Silver on the Lower East Side.

Education Department officials on Wednesday announced the addition of 33 dual language pre-K programs in the 2018-19 school year, more than doubling the bilingual opportunities available for New York City’s youngest learners.

The expansion continues an aggressive push under the current administration, which has added 150 new bilingual programs to date. Popular with parents — there were 2,900 applications for about 600 pre-K dual language seats last year — the programs can also be effective in boosting the performance of students who are learning English as a new language.

Another possible benefit: creating more diverse pre-K classrooms, which research has shown are starkly segregated in New York City.

Schools Chancellor Carmen Fariña said the new programs reflect the city’s commitment to serving all students, even as a national debate rages over immigration reform.

“It’s important to understand that immigrants or people who speak a second language are an asset,” Fariña said. She called bilingual education “a gift that I think all schools should have.”

Included in the expansion are the city’s first dual language pre-K programs in Bengali and Russian, which will open in Jamaica, Queens, and the Upper West Side, Manhattan, respectively. The other additions will build on programs in Spanish, Mandarin and Italian. Every borough is represented in the expansion, with 11 new programs in Manhattan, nine in Brooklyn, six in Queens, five in the Bronx, and two on Staten Island.

In the dual-language model, students split their time between instruction in English and another language. At P.S. 20 Anna Silver, where the recent expansion was announced, pre-K students start the morning in English and transition to Mandarin after nap time. Experts say the model works best when the class includes an equal mix of students who are proficient in each language so they can learn from each other as well as the teacher, though it can often be difficult to strike that balance.

Officials and some advocates view dual-language programs as a tool for integration by drawing middle-class families eager to have their children speak two languages into neighborhood schools that they otherwise may not have considered. Research has shown that New York City’s pre-K classrooms tend to be more segregated than kindergarten. In one in six pre-K classrooms, more than 90 percent of students are from a single racial or ethnic background. That’s compared with one in eight kindergarten classrooms, according to a 2016 report by The Century Foundation.

Sharon Stapel, a mother from Brooklyn, said she knew early on that she wanted her daughter to learn another language and strike relationships across cultures. So she travels to the Lower East Side with her four-year-old, Finch, to attend the Mandarin dual-language pre-K program at P.S. 20 Anna Silver. On Wednesday, the city announced it will add a Spanish dual language program at the school.

“We really see it as how you build community with your neighbors and your friends,” Stapel said. “It was also an opportunity for Finch to become involved and engage in the cultures and in the differences that she could see in the classrooms — and really celebrate that difference.”

Citywide, about 13 percent of students are learning English as a new language. That number does not include pre-K since the state does not have a way to identify students’ language status before kindergarten. However, based on census data, it is estimated that 30 percent of three- and four-year-olds in New York are English learners.

Dual-language programs can benefit students who are still learning English — more so than English-only instruction. Nationally and in New York City, students who are learning English are less likely to pass standardized tests and graduate from high school. In one study, students who enrolled in dual-language courses in kindergarten gained the equivalent of one year of reading instruction by eighth grade, compared with their peers who received English-only instruction.

The city has been under pressure to improve outcomes for English learners. Under the previous administration, New York City was placed on a state “corrective action plan” that required the education department to open 125 new bilingual programs by 2013. Though the city fell short of that goal, the current administration has agreed to place every English learner in a bilingual program by the 2018-19 school year.

Among the greatest barriers to achieving that is finding qualified teachers, Fariña said. In some cases, it can be hard to find teachers who are fluent in the target language. In others, teachers who are native in a foreign language may only be certified in their home country, and it can be hard to transfer that certification to New York.

In order to open an Urdu program recently, Fariña said, the teacher, who holds a degree from another country, went through Teaching Fellows, an alternative certification program that usually caters to career-changers or recent college grads.

“I think the biggest challenge we have right now is ensuring our teacher preparation courses are keeping up with our need and demand for teachers who can teach another language,” she said.