Tales from the Field: Recently Arrived Students from Outside of the United States
Many of our helpline calls involve cases with students who have recently arrived from outside of the United States. The role of the district liaison is to work collaboratively with the enrollment office/registrar in the district to assist the family with enrollment, school selection, and transportation. Often, the front office staff does not realize or understand the family/student(s) are doubled up and living in temporary housing. This tale is based on several calls we’ve fielded on the helpline over the past several months.
The Tale
A family with three children recently arrived from a country in South America. The family spoke no English and did not have an interpreter with them when they went to enroll the two oldest children in school. The district found a staff member who spoke their language and they were asked to provide a letter from the landlord attesting they could live there as well as numerous other documents required to prove their immigrant status. The family could not produce any of those records so left the school upset, frustrated, and ashamed. A family member found them an advocate who called us to inquire if they were McKinney-Vento eligible and asked for assistance in working with the district to smooth out the enrollment process.
Questions to ask:
Is the Family McKinney-Vento eligible?
Can a school district decline enrollment based on a lack of immigrant status documentation?
What does a family need to provide to the district to register their children under McKinney-Vento?
Resources:
Review the McKinney-Vento Act and New York State guidance regarding families and McKinney-Vento eligibility. As always, you can find a wealth of resources on eligibility right here on our Determining Eligibility for M-V | NYSTEACHS and Immigrant Students | NYSTEACHS
Review the SED memo from 2022: Educational Services for Recently Arrived Evacuees, Refugees, Immigrants and/ or Unaccompanied Children
After reviewing the rules on eligibility, if you’re still unsure of what to advise, you are absolutely encouraged to call the helpline for assistance: 1-800-388-2014.
Question 1: Is the Family McKinney-Vento eligible?
Answer: Yes, based on the family living in temporary housing doubled up with another family, this family is McKinney-Vento eligible.
The McKinney-Vento Act defines “homeless children and youths” as individuals who lack a fixed, regular, and adequate nighttime residence. The term includes children and youths who are: sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason (sometimes referred to as “doubled-up”); living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate accommodations; living in emergency or transitional shelters; or abandoned in hospitals; (Education Law §3209(1)(a); 8 NYCRR §100.2(x)(1); see also 42 USC §11434A(2)(B)(i); U.S. DOE’s Non-Regulatory Guidance, Question A-2,)
The McKinney-Vento Act provides a means to determine children's and youth’s eligibility. While this is a case-by-case determination, it is typical that students and families who have fled violence or natural disasters experience homelessness upon arrival to the United States. They may stay with family or acquaintances at first due to the loss of their housing and/or economic hardship. Even those living situations often collapse over time. Many families who receive resettlement services upon arrival also cannot sustain housing when that support ends in a few weeks or months.
As with all McKinney-Vento eligibility determinations, each situation should be evaluated individually, considering whether the student has a fixed, regular, and adequate nighttime residence.
Both immigrant and migrant children and youth are eligible for all McKinney-Vento services, including free school meals, if they lack fixed, regular, and adequate nighttime residence. Immigration or documentation status does not affect McKinney-Vento eligibility.
The right to public education for immigrant children, including undocumented children, extends to preschool programs run by LEAs and/or state agencies. Families may enroll their children in Head Start and Early Head Start programs regardless of their immigration status.
Question 2: Can a school district decline enrollment based on lack of immigrant status documentation?
Answer: No, a school district may not decline to enroll a student based on missing immigration status documentation.
Under the McKinney-Vento Act, schools must enroll homeless children and youths regardless of whether they have the required documents for enrollment (including immunization records and proof of age) or have missed application or enrollment deadlines (see, e.g., section 722(g)(3)(C)). Enrollment includes attending classes and participating fully in any services, programs, and extracurricular activities that the school offers to students. (See section 725(1)). Providing families with information about the McKinney-Vento Act upon initial identification, allows them to be aware and informed if they seek to enroll elsewhere in the future.
Children and youth living in the United States have the right to attend public schools, regardless of their immigration status. In fact, schools cannot ask about a student’s or family’s immigration status or take other actions that could discourage students from seeking enrollment. Schools cannot require Social Security numbers or immigration or citizenship documentation. They also cannot contact ICE or other law enforcement officials about students or families who may be undocumented.
Question 3: What does a family need to provide to the district to register their children under McKinney-Vento?
Answer: The family would need to provide accurate responses regarding their living situation on the housing questionnaire to document McKinney-Vento eligibility and if there are medical records (physicals and immunizations) they can be provided. The children are entitled to enroll and attend classes immediately while the district gathers all necessary paperwork required for enrollment even if they need more immunizations (those appointments can be set up and the family would have 30 days).
Since language can often be a major barrier for immigrant students and their families, LEAs should provide translation services, including translations of key documents, and ensure documents are written at an accessible reading level. Children, youth, and families also may speak indigenous languages as a primary language, or lack literacy skills in their native languages, so it is important to offer translation services beyond written documents. For example, consider verbally interviewing families for more information on their housing status, instead of requiring the completion of a housing questionnaire. Make sure information about McKinney-Vento and other rights is provided in a way that is understandable, rather than simply handing out a brochure. Districts should make a concerted effort to ensure that appropriately trained interpreter is used and one who will maintain confidentiality. Keep in mind that some families may fear being reported to immigration and deportation, be careful in communicating the student’s rights to an education.