State Legislation Supporting Undocumented Students in K-12 in Colorado

1. What legislation exists to support undocumented students in K-12 education in Colorado?


There are two main pieces of legislation in Colorado that support undocumented students in K-12 education:

1. The Colorado ASSET Bill: This bill was passed in 2013 and allows undocumented students who have attended at least three years of high school in Colorado to pay in-state tuition rates at public colleges and universities.

2. The Colorado ASSET Directory Act: This act, also passed in 2013, allows undocumented students who meet the requirements for in-state tuition under the ASSET bill to receive financial aid from state-funded programs.

Additionally, there are also several local policies and resolutions that support undocumented students in K-12 education, such as the Denver Public Schools resolution “Educational Opportunities for Undocumented Students”. These policies aim to ensure that all students, regardless of immigration status, have access to a quality education.

2. How does Colorado protect the rights of undocumented students in K-12 schools?


Colorado has several policies and laws in place to protect the rights of undocumented students in K-12 schools.

1. Equal Access to Education: Colorado, like all other states, is required by federal law to provide equal access to education for all children regardless of their immigration status. This means that all children, including undocumented students, have the right to enroll and attend public schools without fear of discrimination or retaliation.

2. Plyler v. Doe: In addition to federal law, Colorado also follows the precedent set by the Supreme Court case Plyler v. Doe. This ruling established that states cannot deny undocumented students access to a public education based on their immigration status.

3. Deferred Action for Childhood Arrivals (DACA): Undocumented students who have been granted DACA status are eligible to pay in-state tuition at public colleges and universities in Colorado.

4. Educational Opportunities for Undocumented Students Act: This state law, passed in 2013, allows undocumented students who have graduated from a Colorado high school and meet certain criteria to receive in-state tuition at public colleges and universities.

5. Protection from Disclosure of Immigration Status: The Family Educational Rights and Privacy Act (FERPA) protects the privacy of student educational records, including immigration status. Schools are not allowed to disclose this information without consent from the student or parent/guardian.

6. Language Access: Schools must provide language services or interpreters for parents or guardians who do not speak English proficiently, ensuring they are able to participate fully in their child’s education.

7. Safe Schools Policy: Colorado has a Safe Schools policy that prohibits discrimination and bullying based on a student’s actual or perceived immigration status.

Overall, Colorado is committed to providing equal educational opportunities for all students regardless of their immigration status while also protecting their privacy and safety in school settings.

3. Does Colorado offer any financial support or resources for undocumented students in K-12 schooling?


Yes, Colorado offers a variety of programs and resources for undocumented students in K-12 schooling. These include:

1. In-state tuition: Undocumented students who have attended a Colorado high school for at least three years and graduated or received a GED are eligible for in-state tuition at Colorado public colleges and universities.

2. Institutional aid: Many colleges and universities in Colorado offer institutional aid, such as scholarships or grants, to undocumented students who meet certain criteria.

3. Student support services: Several colleges and universities in Colorado have created specific programs and services to support the academic success of undocumented students.

4. Deferred Action for Childhood Arrivals (DACA): DACA is a federal program that allows undocumented individuals who came to the United States as children to obtain temporary protection from deportation and work authorization. Colorado has joined other states in supporting DACA, making it easier for eligible students to apply for this program.

5. Access to financial aid: Undocumented students are not eligible for federal financial aid, but some states, including Colorado, have created their own state-based financial aid programs specifically for undocumented students.

6. The Mexican Cultural Center scholarship program: This program provides renewable college scholarships to undocumented students of Mexican descent who reside in Denver County.

7. Nonprofit organizations: There are several nonprofits in Colorado that provide resources and support specifically for undocumented students, including education advocacy, legal assistance, mentorship programs, and scholarship opportunities.

8. The Tuition Equity Program: This program allows eligible undocumented students to pay in-state tuition rates at participating private higher education institutions in Colorado.

9. State-funded adult education programs: Adults over age 17 who have not completed high school can enroll in state-funded adult education classes across Colorado regardless of immigration status.

10.The Office of Migrant Education’s High School Equivalency Program (HEP) grant: HEP provides free educational services to migrant or seasonal farmworkers so they can obtain the equivalent of a high school diploma and gain employment or be admitted to postsecondary education or training. Undocumented students are eligible for HEP.

4. Is there a pathway to citizenship for long-term undocumented students in Colorado who graduate high school?


Currently, there is no specific pathway to citizenship for long-term undocumented students in Colorado who graduate high school. However, these students may be eligible for certain forms of legal status or protection, such as Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS). In addition, they may be able to apply for permanent residency (green card) through a family member or employer sponsorship. It is important for undocumented students to consult with an immigration lawyer to determine the best options for their individual circumstances.

5. What accommodations are provided to English Language Learners, including undocumented students, in Colorado’s K-12 schools?


Colorado schools are required to provide appropriate accommodations and support to English Language Learners (ELLs), including undocumented students, in order to ensure that they have access to quality education and are able to meet academic standards.

1. Language Instruction Program: Colorado offers a variety of language instruction programs for ELLs, such as English as a Second Language (ESL) classes, bilingual education programs, and dual language programs. These programs provide specialized instruction in English language development and academic content in the student’s native language.

2. Qualified Teachers: Schools must ensure that there is an adequate number of qualified teachers who are trained to work with ELLs and understand their unique needs.

3. Individualized Education Plan (IEP): For ELLs who also have a disability or special learning needs, schools are required to develop an Individualized Education Plan (IEP) that addresses both their language development and educational needs.

4. Cultural Competency Training: Teachers and school staff receive training on cultural competency and best practices for working with ELL students.

5. Translators/Interpretation Services: Schools must provide translators or interpretation services for qualified parents of ELL students to facilitate communication between parents and school personnel.

6. Inclusion in General Education Classes: ELL students have the right to participate in general education classes, alongside their non-ELL peers, with appropriate modifications and support.

7. Assessment Accommodations: Colorado allows for accommodations on state assessments for ELL students, such as extended time or oral administration of the test in their native language.

8. Bilingual Instruction/Biliteracy Seal: The state offers a Biliteracy Seal on high school diplomas for students who demonstrate proficiency in two or more languages at graduation.

9. Support for Undocumented Students: Colorado has policies in place that allow undocumented students to attend public schools without providing proof of immigration status or residency. These students are also eligible for state financial aid and in-state tuition at public universities.

Overall, Colorado recognizes the importance of supporting English Language Learners and provides a variety of accommodations to ensure their academic success.

6. Are there restrictions on immigration enforcement activities within Colorado’s K-12 schools?


In Colorado, schools must comply with state and federal laws that protect the rights of all students regardless of their immigration status. This means that schools are not allowed to discriminate against or deny enrollment to students based on their immigration status.

Additionally, there are restrictions on immigration enforcement activities within Colorado’s K-12 schools. The state has enacted laws and policies to limit collaboration between local law enforcement and federal immigration authorities. For example, under the Colorado Trust Act, state and local law enforcement are prohibited from arresting or detaining someone based solely on an immigration hold request from the federal government.

Furthermore, a 2019 law in Colorado prohibits school resource officers (SROs) from asking about or sharing information regarding students’ immigration status unless required by court order. SROs also cannot participate in any federal immigration enforcement activities while on school grounds.

Overall, Colorado prioritizes creating a safe and inclusive learning environment for all students, regardless of their immigration status. Schools in the state are expected to comply with these laws and policies to ensure that all students feel welcome and respected in the education system.

7. How does Colorado’s legislation address the enrollment of undocumented students in K-12 schools?


Colorado’s legislation, specifically Senate Bill 08-170, addresses the enrollment of undocumented students in K-12 schools by guaranteeing them the right to attend public school regardless of their immigration status. The bill prohibits school districts from denying enrollment to students based on their immigration status and requires schools to treat all students equally regardless of their legal status.

Additionally, the legislation also includes provisions for confidentiality and privacy of undocumented students’ personal information, including immigration status. Schools are prohibited from collecting or sharing information regarding a student’s immigration status without written consent from the parent or guardian.

Furthermore, SB 08-170 also allows undocumented students to receive state financial aid for higher education and gain eligibility for in-state tuition rates at Colorado colleges and universities.

In summary, Colorado’s legislation ensures that all K-12 students have access to education regardless of their immigration status and protects the privacy of undocumented students while promoting educational opportunities for higher education.

8. Are there any specific educational programs or services available to support the academic success of undocumented students in K-12 schools in Colorado?


Yes, there are several programs and services available to support the academic success of undocumented students in K-12 schools in Colorado, including:

1. The Deferred Action for Childhood Arrivals (DACA) program: This program allows certain undocumented students who came to the United States as children to receive temporary protection from deportation and work authorization. It also makes them eligible for in-state tuition at Colorado colleges and universities.

2. In-State Tuition for Undocumented Students: Under Colorado law, undocumented students who have attended a Colorado high school for at least three years and graduated or obtained a GED are eligible for in-state tuition rates at public colleges and universities.

3. Access College Early (ACE) Scholarship: This scholarship is available to qualifying low-income students, including undocumented students, who wish to enroll in concurrent enrollment courses at participating community colleges while still attending high school.

4. Denver Scholarship Foundation: This organization provides college access and scholarship opportunities to qualifying Denver Public Schools graduates with demonstrated financial need, regardless of immigration status.

5. Educational Opportunity Center (EOC): Funded by the U.S. Department of Education, EOCs provide free information on the college admissions process, scholarships and financial aid options to low-income individuals, first-generation college students, and individuals with disabilities – including undocumented students – in Boulder County.

6. Dreamer Resource Center (DRC): The DRC is located within Metro State University in Denver and provides resources for undocumented students seeking higher education such as DACA renewal clinics, legal consultations, career development workshops, mentoring programs and mental health support services.

7. Advocacy Organizations: There are several non-profit organizations advocating for the rights of undocumented youth in Colorado that can provide assistance with navigating the education system and accessing resources such as Scholarships A-Z, Together We Count!, The Rocky Mountain Immigrant Advocacy Network (RMIAN), Rocky Mountain Immigrant & Refugee Health Program (RMIRHP), The Dream.US, and the Colorado Immigrant Rights Coalition.

8. School Counselors: Undocumented students can also seek support from school counselors who can provide guidance on college admissions, financial aid, and other resources available to them.

It is important for undocumented students and their families to research and reach out to these resources to learn about their options and rights in pursuing education in Colorado.

9. What legal protections are in place for DACA recipients attending K-12 schools in Colorado?


1. In-State Tuition: Colorado’s ASSET law allows DACA recipients to pay in-state tuition rates at public colleges and universities.

2. Financial Aid: DACA recipients are eligible for state financial aid, including the Colorado Opportunity Scholarship Initiative and the Denver Scholarship Foundation.

3. Non-Discrimination Laws: Colorado has laws that prohibit discrimination based on immigration status in educational settings.

4. Confidentiality: Schools are not allowed to collect information about a student’s immigration status, except in certain circumstances when required by federal or state law.

5. Educational Privacy: Schools must follow federal laws, such as the Family Educational Rights and Privacy Act (FERPA), to protect the privacy of all students’ educational records, including DACA recipients.

6. Free Public Education: Under the Supreme Court ruling in Plyler v. Doe, all children have a right to a free public education regardless of their immigration status.

7. Access to Services: DACA recipients have access to school services such as counseling and extracurricular activities on the same basis as other students.

8. Safe Spaces Declaration: In 2019, Governor Jared Polis signed the Safe Spaces Declaration reaffirming Colorado schools’ commitment to providing safe and inclusive learning environments for all students regardless of their immigration status.

9. Legal Resources: Many schools have partnered with legal organizations to provide resources and support for undocumented students, including those with DACA status.

10. Does Colorado’s legislation allow for access to higher education for undocumented students graduating from K-12 institutions?

Yes, Colorado’s legislation allows for access to higher education for undocumented students graduating from K-12 institutions. In 2013, the Colorado state legislature passed the ASSET (Advancing Students for a Stronger Economy Tomorrow) bill, which allows undocumented students who have attended at least three years of high school in Colorado to pay in-state tuition rates at public universities and colleges. This makes higher education more affordable and accessible for undocumented students who may not have been eligible for federal financial aid.

11. Are there any state laws that prohibit discrimination against undocumented students in K-12 enrollment and education?


There are no explicit state laws that prohibit discrimination against undocumented students in K-12 enrollment and education. However, many states have laws or policies that protect all students from discrimination based on race, religion, national origin, or immigration status. Additionally, federal law (such as the Equal Educational Opportunities Act and Plyler v. Doe) prohibits schools from denying enrollment based on immigration status and requires them to provide equal educational opportunities to all students regardless of their citizenship or immigration status.

12. How does Colorado’s legislation address the unique needs and challenges of undocumented students in the K-12 education system?


Colorado’s legislation has several provisions in place to address the unique needs and challenges of undocumented students in the K-12 education system.

1. In-state tuition for undocumented students: Colorado allows undocumented students who meet certain criteria to pay in-state tuition at public colleges and universities, making higher education more affordable and accessible.

2. Undocumented students are eligible for state financial aid: The state offers financial aid programs that do not require proof of legal status, making it possible for undocumented students to receive financial assistance for college.

3. Access to English language instruction: Undocumented students have a right to access English language instruction through the state’s bilingual and multicultural education act. This helps ensure that they receive the necessary support to succeed academically.

4. Education records confidentiality: The state’s Student Data Privacy Act prohibits school districts from disclosing personally identifiable information, including immigration status, without parental consent or a court order. This ensures that undocumented students’ privacy is protected.

5. Special services for English language learners: Colorado provides additional resources and support for schools with a high population of English language learners, including those who are undocumented. This helps ensure these students have access to quality education and can overcome language barriers.

6. Professional development for educators: The state offers professional development opportunities for teachers and administrators on how to best serve undocumented students and their families. This helps create a more inclusive and supportive environment within schools.

7. Safe schools policies: Colorado has policies in place that prohibit discrimination based on immigration status in schools, ensuring that undocumented students feel safe and welcome in their learning environments.

8 . Deferred Action Childhood Arrival (DACA): In 2013, Colorado passed a law allowing DACA recipients to obtain professional licenses, making it possible for them to work as teachers or other professionals in the education system.

Overall, Colorado’s legislation aims to provide equal educational opportunities for all students, regardless of their immigration status, and supports the academic success of undocumented students in the K-12 education system.

13. Is there any financial aid or scholarships available specifically for undocumented students attending K-12 schools in Colorado?

There may be some private scholarships available for undocumented students attending K-12 schools in Colorado, but they may be limited. We recommend reaching out to local community organizations or advocacy groups for potential resources and assistance. Additionally, some K-12 schools in Colorado may provide financial assistance for undocumented students, so it’s worth contacting your school’s office or counseling department to inquire about any available aid.

14. Are parents’ or guardians’ immigration status taken into consideration during enrollment of their children into K-12 schools in Colorado?


No, the immigration status of parents or guardians is not taken into consideration during enrollment of their children into K-12 schools in Colorado. All children have a right to a free public education regardless of their immigration status. Schools are not allowed to ask about the immigration status of students or their families and are prohibited from discriminating based on immigration status.

15. What efforts has Colorado made to create a welcoming and inclusive environment for all students, regardless of their immigration status, within its K-12 schools?


Colorado has made significant efforts to create a welcoming and inclusive environment for all students, regardless of their immigration status, within its K-12 schools. Some of these efforts include:

1. The state passed the ASSET Bill in 2013, which allows undocumented students who have attended a Colorado high school for at least three years to pay in-state tuition at state universities and colleges.

2. In 2014, the Colorado Department of Education issued a guidance document that clarified that all students are entitled to enroll in public schools regardless of their immigration status.

3. The Colorado School Finance Act ensures that funding is provided based on student enrollment, regardless of immigration status.

4. The Colorado Department of Education provides resources and trainings for educators on supporting undocumented students and understanding their legal rights.

5. Many school districts in Colorado have adopted policies and procedures that specifically address the needs and rights of undocumented students, such as ensuring confidentiality of student records and prohibiting discrimination based on immigration status.

6. The state also has several programs, like Migrant Education Services and English language learner programs, that support immigrant students and help them succeed academically.

7. In 2019, Governor Jared Polis signed HB19-1194 into law, which prohibits schools from sharing information with federal immigration authorities about a student’s immigration status or participating in any voluntary program by federal immigration authorities.

8. The state has also established the Office of Children’s Affairs (OCA) which works towards promoting equity and inclusivity in education for all children, including those from immigrant families.

Through these efforts and initiatives, Colorado has created an environment where undocumented students can thrive academically without fear or barriers due to their immigration status.

16. Are teachers and school staff trained on how to support and work with undocumented students under current state legislation?


It depends on the state and location. Some states have passed legislation or provided guidance for schools on how to support undocumented students, and in those cases, teachers and school staff may receive training on how to provide a safe and inclusive learning environment for these students. However, there is currently no federal law requiring such training, so it may vary from school to school. It is important for educators to educate themselves on the rights of undocumented students and seek out resources or training opportunities if they are unsure how to support them.

17. How does Colorado’s legislation ensure that undocumented students in K-12 schools have access to equal educational opportunities?


Colorado’s legislation ensures that undocumented students in K-12 schools have access to equal educational opportunities in the following ways:

1. Equal access to public schools: Under Colorado law, all children between the ages of 6 and 16 are required to attend school, regardless of immigration status. This means that undocumented students have the same right to attend public school as any other child.

2. In-state tuition for college: Undocumented students in Colorado are eligible for in-state tuition at state colleges and universities, making higher education more affordable and accessible.

3. Financial aid for college: The Colorado ASSET Bill allows undocumented students who meet certain requirements to apply for and receive financial aid at public institutions of higher education.

4. Equal opportunity employment laws: Colorado has laws in place that prohibit discrimination based on immigration status, ensuring that undocumented students have equal opportunity for employment after completing their education.

5. Access to resources and supports: Schools are required to provide support services, such as English language instruction, for students who need it regardless of immigration status. Additionally, schools cannot deny enrollment or services to a student based on their immigration status.

6. Confidentiality of records: State law prohibits schools from reporting or disclosing a student’s immigration status without consent from the student or their parents/legal guardians.

7. Non-discrimination policies: Most K-12 schools in Colorado have policies in place that prohibit discrimination based on race, ethnicity, national origin, or immigration status.

8. Access to special education services: Undocumented students who qualify for special education services are entitled to them under federal law (Individuals with Disabilities Education Act). This includes assessments, individualized education plans (IEPs), and other necessary accommodations.

9. Protections against bullying and harassment: Schools are required by state law to take action against bullying and harassment based on a student’s actual or perceived race, ethnicity, national origin, or actual or perceived citizenship/immigration status. This provides protection for undocumented students who may face discrimination or bullying in school.

10. Foster care services: Undocumented students who are placed in foster care in Colorado have access to the same services and benefits as documented students, including education and healthcare.

Overall, Colorado’s legislation ensures that undocumented students have equal access to educational opportunities and support services as their peers, regardless of their immigration status.

18. What resources are available for families of undocumented students in Colorado to navigate the K-12 education system?


1. Colorado Immigrant Rights Coalition (CIRC): This organization provides resources and support to undocumented families, including assistance with navigating the K-12 education system. They offer workshops, trainings, and one-on-one consultations with experts.

2. Padres & Jóvenes Unidos: This organization focuses on supporting low-income and Latino families in Denver Public Schools. They provide resources for navigating the K-12 education system, as well as advocating for immigrant rights and inclusion in schools.

3. Fostering Opportunities Scholarships (FOS): FOS provides scholarships to undocumented students who are pursuing higher education in Colorado. They also offer workshops on college readiness and financial aid for undocumented students.

4. Metro Organizations for People (MOP) Education Program: MOP offers a variety of services to undocumented families, including assistance with enrolling children in school and navigating the education system. They also provide tutoring and mentorship programs for students.

5. Colorado Parental Information and Resource Center (CPIRC): CPIRC offers information, resources, and training on parental involvement in schools, including resources specifically for non-English speaking parents.

6. Immigrant Pathways Colorado: This organization provides resources, advocacy, and legal support to immigrant families living in Colorado, including assistance with navigating the education system.

7. State Advisory Council for Parent Involvement in Education: This council provides guidance and recommendations to the Colorado Department of Education on ways to improve parent engagement and involvement in schools.

8. School District Family Resource Centers: Many school districts in Colorado have family resource centers that offer support to families with various needs, including navigating the education system.

9.. Immigrant Legal Defense (ILG): ILG offers free legal consultations to immigrant families in Colorado on their rights within the education system.

10.. National Association of Hispanic/ Latino Studies Educators (NAHLE): NAHLE works to promote educational equity for Hispanic/Latino students in Colorado. They offer resources and support for families navigating the education system.

11.. Colorado Department of Education: The CDE website has a section specifically for undocumented students and their families, including information on enrollment, rights, and resources.

12.. Colorado Statewide Parent Coalition (CSPC): CSPC is a multicultural organization that supports immigrant families by providing education, resources, and advocacy for human rights. They also assist with navigating the education system.

13.. Rocky Mountain Immigrant Advocacy Network (RMIAN): RMIAN provides free legal services to immigrant children and families in Colorado. They also offer tools and resources to help immigrants understand their rights within the education system.

14.. School counselors and social workers: Many schools have counselors or social workers who can provide support to undocumented students and their families, including connecting them with resources to navigate the K-12 education system.

15.. Community centers and churches: Community centers or churches may offer services or programs specifically for immigrant families, including assistance with navigating the education system.

16.. Local nonprofits: There may be local nonprofits in your area that offer resources or support to undocumented families. These organizations can include legal aid services, counseling services, educational programs, or advocacy groups.

17.. K-12 school staff: Teachers, school administrators, and other staff members can be valuable sources of information and support for families of undocumented students. They can help connect families with resources within the school district or community.

18.. UndocuLifeline: This online resource provides information on educational opportunities available to undocumented students in each state, including scholarships and financial aid options. It may also have additional resources specific to Colorado.

19. Has there been any recent legislative changes or updates to support the rights and needs of undocumented students in K-12 schools in Colorado?


Yes, there have been recent legislative changes or updates to support the rights and needs of undocumented students in K-12 schools in Colorado.

1. ASSET (Advancing Students for a Stronger Economy Tomorrow) Law: In 2013, Colorado passed the ASSET law, which allows undocumented students who meet certain criteria to pay in-state tuition rates at public colleges and universities. This law helps make higher education more accessible and affordable for undocumented students.

2. Undocumented Student Financial Aid: In 2020, Colorado passed Senate Bill 20-170, which allows undocumented students to access state-funded financial aid for college. This includes both need-based and merit-based scholarships.

3. In-State Tuition Eligibility for Certain Groups: Under House Bill 18-1023, certain groups of undocumented students are eligible to receive in-state tuition rates at public colleges and universities in Colorado regardless of their residency status. This includes DACA recipients, U visa holders, TPS holders, and other designated categories of individuals.

4. Equal Access to Education: Colorado has laws that prohibit discrimination based on immigration status in school enrollment and participation in educational programs or activities.

5. Confidentiality of Student Records: Schools in Colorado are prohibited from disclosing any personally identifiable information about a student’s immigration status without written consent from the student or their parent/guardian.

6. Language Access Services: Schools are required by federal law to provide language access services to limited English proficient families, including those who may be undocumented.

7. Protection Against Immigration Enforcement Actions: Senate Bill 42 provides protections for students if immigration agents come onto school grounds or attempt to take action against a student while they are attending school or participating in school-related activities.

8. Promotion of Diversity and Inclusivity: House Bill 19-1192 requires the state Board of Education to promote cultural competency among educators and encourages schools to adopt inclusive policies that support diversity and inclusivity.

Overall, Colorado has implemented various legislative changes to support the rights and needs of undocumented students in K-12 schools and help create a welcoming and inclusive environment for all students.

20. How does Colorado compare to other states in terms of legislation and policies supporting undocumented students in K-12 education?


Colorado has relatively strong legislation and policies supporting undocumented students in K-12 education compared to other states. In 2013, Colorado passed the ASSET (Advancing Students for a Stronger Tomorrow) bill, which allows undocumented students who meet certain criteria to pay in-state tuition at public colleges and universities. This makes higher education more accessible and affordable for undocumented students.

Additionally, Colorado is one of 21 states that allows undocumented students to receive state financial aid for college. This further helps to support these students in pursuing higher education.

In terms of K-12 education, Colorado also has several policies in place to support undocumented students. The state provides access to free public education for all children regardless of immigration status. Additionally, laws prohibit schools from asking about or disclosing the immigration status of their students.

Furthermore, Colorado has established policies that ensure equal access to educational opportunities and resources for all students, regardless of their immigration status. These include English language learners (ELL) programs and cultural competency training for teachers and staff to better support immigrant and refugee student populations.

While there are certainly areas where Colorado could still improve its support for undocumented students in K-12 education, overall it ranks relatively high compared to other states with similar laws and policies in place.