1. The Rights of Immigrant Children and English Language Learners in the Public Schools TESOL 2011 Annual Convention New Orleans, Louisiana March 18, 2011 © 2011 Migrant Legal Action Program, Inc.

4. Migrant ≠ immigrant ≠ undocumented

8. Anti-Immigrant Legislation Arizona Oklahoma Hazelton, PA Farmers Branch, TX

9. "Congress hasn't moved forward with the legislation that the administration envisioned, which puts ICE in the middle of the fray. The only thing happening with immigration in the country is enforcement.” Doris Meissner - Former Commissioner of the Immigration and Naturalization Service (INS) in the 1990's, and currently a senior fellow at the Migration Policy Institute, quoted in a Washington Post story entitled, "Immigration policies sparking tensions within ICE" by Andrew Becker, August 27, 2010, page B3.

10. Raids and Deportations

11. Employer Audits

12. E-Verify

13. Secure Communities Program

16. Clearly, all school districts receiving F-1 visa students know that such students are arriving in the district. The F-1 visa program does NOT give a district any reason to inquire of the students about their visa documents or to demand that such visas be produced. Information on the F-1 Visa program is found at: http://travel.state.gov/visa/temp/types/types_1269.html

18. Part 5. Signature and Social Security Number (Adult must sign) An adult household member must sign the application. If Part 4 is completed, the adult signing the form must also list his or her Social Security Number or mark the “I do not have a Social Security Number” box. (See Privacy Act Statement on the back of the page I certify (promise) that all information on this application is true and that all income is reported. I understand that the school will get Federal funds based on the information I give. I understand that school officials may verify (check) the information. I understand that if I purposely give false information, my children may lose meal benefits, and I may be prosecuted. Sign here: X_________________________Print name:________________________Date: ______________ Address:_____________________________________________ Phone Number:______________________ Social Security Number: __ __ __ - __ __ - __ __ __ __ I do not have a Social Security Number

19. Privacy Act Statement: This explains how we will use the information you give us. The Richard B. Russell National School Lunch Act requires the information on this application. You do not have to give the information, but if you do not, we cannot approve your child for free or reduced price meals. You must include the social security number of the adult household member who signs the application. The social security number is not required when you apply on behalf of a foster child or you list a Food Stamp Program, Temporary Assistance for Needy Families (TANF) Program or Food Distribution Program on Indian Reservations (FDPIR) case number or other FDPIR identifier for your child or when you indicate that the adult household member signing the application does not have a social security number. We will use your information to determine if your child is eligible for free or reduced price meals, and for administration and enforcement of the lunch and breakfast programs. We MAY share your eligibility information with education, health, and nutrition programs to help them evaluate, fund, or determine benefits for their programs, auditors for program reviews, and law enforcement officials to help them look into violations of program rules.

21. The U.S. Supreme Court held (1) that discrimination on the basis of language proficiency is discrimination on the basis of national origin under Title VI of the Civil Rights Act of 1964 and (2) that treating people with different needs in the same way is not equal treatment. In Lau , the U.S. Supreme Court stated, in part, “Basic English skills are at the very core of what these public schools teach. Imposition of a requirement that, before a child can effectively participate in the educational program, he must already have acquired these basic skills, is to make a mockery of public education. We know that those who do not understand English are certain to find their classroom experiences wholly incomprehensible and in no way meaningful.”

26. Translators/Interpreters provided by the district must be competent! It is illegal and inappropriate for a school district to use children/students to do the translation/interpretation!

27. Placement /Retention Placement cannot be made based on English language proficiency. Placement should be age appropriate. For example, if the child is 9 years old, the child should be placed in fourth grade.

28. Retention cannot legally be made based on lack of English language proficiency.

30. Testing ELLs for Special Education

32. XII. Access to Post Secondary Education: DREAM Act Immigrant children in almost all states are not barred from enrolling in any public institution of higher learning (except South Carolina and Alabama).

33. Undocumented students have to pay out-of-state tuition except in: California Illinois Kansas Nebraska New Mexico New York Oklahoma Texas Utah Washington Wisconsin

34. Children who are undocumented do not have a right to federal grants or loans.

35. The proposed legislation generally called the DREAM Act, which has been introduced for many years, but has not yet passed both houses of Congress, would provide access to some forms of federal financial assistance for these students and give them a path to a form of legal status.

36. XIII. Finding Allies

37. XIV. Conclusion/Questions

38. Roger C. Rosenthal Migrant Legal Action Program 1001 Connecticut Avenue, N.W. Suite 915 Washington, D.C. 20036 202-775-7780 [email_address] www.mlap.org