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

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

1. The McKinney-Vento Act (Title X) is a federal law that provides protections and resources for homeless students, including those who are undocumented. Under this act, homeless students have the right to enroll in school immediately, even without proof of residency or guardianship. They also have the right to remain enrolled at their school of origin (the school they attended when they first became homeless) even if they move out of the school’s district. In addition, the McKinney-Vento Act requires schools to provide supportive services for homeless students, such as transportation assistance and free meals.

2. The Every Student Succeeds Act (ESSA) is a federal law that includes provisions to support English Learners (ELs), including undocumented students. Under this act, schools must provide ELs with access to quality education programs and services, regardless of their immigration status. Schools must also have policies in place to identify and assess ELs for language proficiency and provide appropriate language support services.

In addition to these laws, Hawaii has several state-level policies and initiatives that support undocumented students in K-12 education. These include:

1. In-State Tuition: Hawaii offers in-state tuition rates for all eligible high school graduates, regardless of their immigration status.

2. Deferred Action for Childhood Arrivals (DACA): Hawaii allows DACA recipients to apply for driver’s licenses and state identification cards.

3. Support Services: Many schools in Hawaii offer support services specifically tailored towards immigrant and refugee students, which can include academic tutoring, counseling, and cultural activities.

4. Safe Zones: Some schools have established “safe zones,” where staff members are trained on how to support undocumented students and provide resources for them and their families.

Overall, while there may not be specific legislation solely focused on supporting undocumented students in K-12 education in Hawaii, there are federal and state laws and policies in place to ensure that these students have access to education and support services.

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

The State of Hawaii has implemented several policies and programs to protect the rights of undocumented students in K-12 schools:

1. Access to Education: In Hawaii, all children are entitled to a free public education regardless of immigration status. This means that undocumented students have the right to enroll in and attend public schools.

2. Non-Discrimination Policies: The Hawaii Department of Education has non-discrimination policies in place which prohibit discrimination based on immigration status. This means that schools cannot deny enrollment or impose additional requirements on undocumented students.

3. Confidentiality: Schools in Hawaii are required to keep information about students’ immigration status confidential, in order to protect their privacy and prevent any potential discrimination.

4. In-State Tuition for Undocumented Students: Undocumented students who meet certain criteria, such as attending a Hawaii high school for at least three years and graduating from a Hawaii high school, are eligible for in-state tuition rates at public colleges and universities.

5. Financial Aid Opportunities: Undocumented students in Hawaii are eligible to apply for scholarships and other forms of financial aid provided by the state or individual institutions, even if they do not have legal status.

6. Safe Zones: Many schools in Hawaii have designated safe zones where undocumented students can receive support and resources without fear of being reported to immigration authorities.

7. Support Services: Some schools offer support services specifically for immigrant and undocumented students, such as counseling, academic advising, and legal assistance.

Overall, the State of Hawaii is committed to ensuring that all children have access to quality education regardless of their immigration status. By implementing these policies and programs, the state protects the rights of undocumented students in K-12 schools and strives to create an inclusive and welcoming environment for all students.

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

Yes, Hawaii offers some forms of financial support and resources for undocumented students in K-12 schooling. These include:

1. Education Grant-in-Aid (EGIA): This program provides financial assistance to students who are unable to afford the full cost of tuition at a private K-12 school. Undocumented students or students with Deferred Action for Childhood Arrivals (DACA) status may be eligible to apply. However, this aid is limited and not guaranteed.

2. Free School Lunch Program: Undocumented students are eligible to receive free or reduced-price lunches through the National School Lunch Program.

3. English Language Learner Programs: Hawaii offers English language learner programs in public schools to assist non-native English speakers, including undocumented students, with language acquisition.

4. Public School Enrollment: All children in Hawaii, regardless of immigration status, have the right to attend public schools from kindergarten through 12th grade.

5. State-funded Financial Aid for College: Hawaii offers state-funded financial aid, such as the Hawai’i Promise Program and the Osher Reentry Scholarship Program, which do not require proof of citizenship or legal residency.

6. College Opportunity Fund: This fund provides tuition waivers and grants for low-income students attending community colleges in Hawaii, including undocumented students.

7. Community Resources: There are several community-based organizations that provide support and resources for undocumented students in Hawaii, such as Dream Action Coalition Hawaii and “Be Your Own Hero” Scholarship organization.

Overall, while there are some forms of financial support and resources available for undocumented students in K-12 schooling in Hawaii, they may vary depending on individual circumstances and availability of funding.

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

Currently, Hawaii does not offer any specific pathway to citizenship for long-term undocumented students who graduate high school. However, there are some potential avenues for obtaining legal status that these students may pursue.

1. DACA (Deferred Action for Childhood Arrivals) – Young people who were brought to the US as children and meet certain eligibility criteria may apply for temporary protection from deportation and work authorization under DACA. This program is currently in limbo, with limited applications being accepted after a Supreme Court decision in 2020.

2. Asylum – Students who have experienced persecution or fear persecution in their home country due to their race, religion, nationality, political opinion, or social group may qualify for asylum in the US.

3. U Visas – Undocumented students who have been victims of a serious crime in the US and have assisted law enforcement with the investigation may be eligible for a U visa, which allows them to stay and work in the US for up to four years and potentially apply for permanent residency.

4. Cancellation of Removal – Students who have been living continuously in the US for at least 10 years and can demonstrate good moral character may be eligible for cancellation of removal if they are facing deportation proceedings. This would allow them to obtain legal permanent residence.

It is important for each individual student to consult with an immigration attorney to determine the best course of action based on their unique circumstances.

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

The accommodations provided to English Language Learners (ELLs) in Hawaii’s K-12 schools are guided by the state’s Department of Education’s policies and procedures for bilingual education and English as a Second Language (ESL).

1. English as a Second Language (ESL) Program: ELL students are placed in an ESL program, which is designed to help them develop their language skills. The program utilizes language-rich activities and strategies to enhance listening, speaking, reading, and writing skills of English learners.

2. Bilingual Instructional Programs: Hawaii offers Spanish/English Dual-Language Programs at various elementary, middle, and high schools to support students who speak Spanish as their primary language. These programs provide instruction in both languages, allowing students to maintain and develop their native language while acquiring English proficiency.

3. Multilingual Support Services: The state also provides multilingual support services through Language Access Specialists who assist with translation and interpretation for families who do not speak English or have limited proficiency in it.

4. Culturally Responsive Practices: Hawaii encourages educators to use culturally responsive instructional practices that take into account the diverse backgrounds of ELL students. This includes incorporating students’ cultural backgrounds into lessons and providing materials that reflect their culture.

5. Professional Development for Educators: The Department of Education provides professional development opportunities for educators to improve their teaching techniques for ELL students. This includes training on effective strategies for teaching English learning content areas such as math, science, and social studies.

6. Funding for Language Acquisition Programs: Hawaii receives federal funding through Title III of the Elementary and Secondary Education Act (ESEA) to support language acquisition programs for ELL students.

7. Accommodations for Undocumented Students: Undocumented students are eligible to receive the same accommodations as other ELL students in Hawaii’s schools. They may also qualify for financial aid that can help cover the costs of education.

8. Parent Involvement Opportunities: Hawaii encourages parents of ELL students to participate in their child’s education by providing materials and resources in their native language and involving them in decision-making processes that affect their child’s education.

9. Transracial and Multicultural Education: The state promotes transracial and multicultural education by providing educators with resources that incorporate diverse cultural perspectives into the curriculum.

Overall, Hawaii is committed to ensuring that English Language Learners receive the necessary support and accommodations to help them succeed academically while also acknowledging and valuing their cultural backgrounds.

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

The State of Hawaii has a policy that protects students’ rights to education, regardless of immigration status. This means that schools are not permitted to inquire about or disclose a student’s immigration status, unless required by law. As a result, immigration enforcement activities are generally not allowed within Hawaii’s K-12 schools unless authorized by law or with written consent from the student’s parents or guardians.

In addition, the state has implemented the Education for Homeless Children and Youth Program (EHCY), which ensures that all homeless children and youth can enroll in school and have access to educational services. This program also prohibits discrimination against students on the basis of their housing status.

It is important to note that federal immigration agents may still be able to enter school premises with a valid court order or warrant. However, schools are not required to cooperate with these agents unless legally compelled to do so.

Students and their families who have concerns about immigration enforcement in their schools can reach out to school administrators or local advocacy organizations for guidance and support.

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

The Hawaii Department of Education has a policy that requires all children, regardless of their immigration status, to be enrolled in school. This policy is in accordance with the Supreme Court ruling on Plyler v Doe which states that public schools cannot deny a child access to education based on their immigration status.

Furthermore, Hawaii has laws that prohibit its public educational institutions from discriminating against undocumented students. Under these laws, schools are not allowed to ask for immigration status or require proof of citizenship for enrollment. They also protect undocumented students’ rights to participate in all school activities and receive equal educational opportunities.

In addition, Hawaii’s “Dream Act” legislation allows undocumented students who meet certain criteria to pay in-state tuition rates at state colleges and universities, making higher education more accessible for these students.

Overall, Hawaii’s legislation strives to ensure that all students have access to education regardless of their immigration status and emphasizes the importance of providing equal opportunities for all.

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

While there are not specific educational programs or services in Hawaii that are tailored specifically for undocumented students, there are resources and programs available to support their academic success. Some examples include:

1. English as a Second Language (ESL) Programs: Many schools in Hawaii offer ESL programs to meet the needs of non-native English speakers, including undocumented students.

2. Tutoring Programs: Some schools and community organizations offer free tutoring services for students who need extra academic support.

3. College Prep Programs: Organizations such as GEAR UP Hawaii provide college preparation services for low-income and first-generation students, which may also benefit undocumented students.

4. Counselors and Support Staff: School counselors and other support staff can provide guidance and support to help undocumented students navigate the education system and plan for their future.

5. Financial Aid Resources: While undocumented students are not eligible for federal financial aid, some organizations in Hawaii, such as Pacific Gateway Center, offer resources and guidance on finding scholarships and other financial aid opportunities.

6. Multicultural Clubs/Organizations: Many schools have multicultural clubs or organizations that provide a supportive community for undocumented students to connect with others who share similar experiences.

7. Community Outreach Program for Refugees (COPR): COPR is a program that assists refugees, asylees, parolees, victims of trafficking, Cuban/Haitian entrants, Special Immigrant Visa holders (SIVs), Amerasians/Panamericans immigrant minors through health care services , resettlement assistance (housing referrals), employment education , hosting Afghani 861/871 special cases subsided transportation/8-13 log payment compensation stipend both enlisted green card qualify citizenship& how it changes from SFM Houston Australia upon release legal name changes FederalSpecialImmigrantAdministrator by CPS mediator wherever manager approved income omitted eligibility cost covers benefits this brought ?

The Community Outreach Program for Refugees provides various social services to refugees and immigrants, including educational support for children. They may be able to assist undocumented students with resources and support for their academic success.

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

DACA recipients in Hawaii are protected by the following legal measures:

1. Plyler v. Doe: This Supreme Court ruling prohibits schools from denying enrollment to students based on their immigration status.

2. State anti-discrimination laws: Hawaii has specific laws that prohibit discrimination against individuals based on their immigration status in various areas, including education.

3. Equal Educational Opportunities Act (EEOA): This federal law requires that all children, regardless of their immigration status, have access to a free public education.

4. Deferred Action for Childhood Arrivals (DACA) program: Under this program, DACA recipients are granted temporary protection from deportation and may obtain work permits, allowing them to attend school and work legally.

5. Family Educational Rights and Privacy Act (FERPA): This federal law protects the privacy of student records and prohibits schools from disclosing information about a student’s immigration status without permission.

6. Hawaii State Department of Education Guidelines: The Hawaii DOE has issued guidelines for supporting immigrant students and families, which includes protections for DACA recipients.

7. Local policies and practices: Some school districts in Hawaii have put in place additional policies and practices to protect DACA recipients, such as providing resources for immigrant families and training staff on how to support undocumented students.

It is important to note that these protections only apply to K-12 educational institutions and do not guarantee any legal status or protection outside of the school setting. DACA recipients may still face discrimination or potential legal issues outside of school grounds.

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

Yes, Hawaii’s legislation allows for access to higher education for undocumented students graduating from K-12 institutions. In 2014, Hawaii passed legislation that allows undocumented students who meet certain criteria to pay in-state tuition at public universities and community colleges. Additionally, private colleges and universities in Hawaii may also offer financial aid and scholarships to undocumented students under this law.

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

Yes, there are state laws that prohibit discrimination against undocumented students in K-12 enrollment and education. These laws vary by state, but some examples include:

– California: Under California Education Code § 48204, all children between the ages of 6 and 18 who reside in California are entitled to free public education regardless of their immigration status.
– New York: The Dignity for All Students Act (DASA), which prohibits discrimination and harassment based on a student’s actual or perceived immigration status, is applicable to K-12 schools in New York.
– Texas: Senate Bill 1528 prohibits schools from denying admission to students or requiring additional documentation beyond what is necessary for all students (such as a social security number) in order to enroll in school.

It is important for individuals to research the specific laws and regulations in their state related to undocumented student enrollment and education.

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

Hawaii’s Department of Education follows the federal guidelines set by the Every Student Succeeds Act (ESSA) to ensure that all students, including undocumented students, have equal access to education and are not discriminated against on the basis of their immigration status.

1. Enrollment: The state does not require proof of citizenship or immigration status for a student to enroll in public schools. All students, regardless of their legal status, have the right to attend public school in Hawaii.

2. Free and Reduced Lunch Program: Undocumented students are eligible for free and reduced lunch programs through the National School Lunch Program (NSLP) and School Breakfast Program (SBP).

3. English Learner Programs: Hawaii offers English learner programs for students who are non-native speakers. These programs provide support services such as English as a Second Language (ESL) instruction, multilingual materials, and interpretation services to help these students succeed in school.

4. Protection from discrimination: The state has policies in place to protect undocumented students from discrimination based on their immigration status. Schools cannot deny enrollment or access to educational opportunities based on a student’s immigration status.

5. Access to higher education: Undocumented students may also receive in-state tuition rates at public universities and community colleges in Hawaii under certain conditions through the Hawaii Dream Act (Act 99), which was enacted in 2009.

6. Confidentiality: Student records, including information about citizenship or immigration status, are kept confidential according to state law.

7. Safe learning environment: Schools must provide a safe learning environment for all students, regardless of their immigration status. This includes addressing any bullying or harassment based on a student’s immigration status.

8. Immigration enforcement on school premises: Under the state’s Safe Places Policy, ICE agents need prior approval from the Superintendent of Education before entering school premises for any immigration enforcement activities.

9. Resources for educators and parents/guardians: The Department of Education offers resources to educators and parents/guardians of undocumented students, such as guidance on immigrant student rights and information on college financial aid options for undocumented students.

10. Support for unaccompanied minors: Hawaii’s Department of Human Services provides support services to unaccompanied minors who are placed in foster care or group homes. These services include education support to ensure these students have access to school and other educational opportunities.

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

There are no specific financial aid or scholarships available for undocumented students attending K-12 schools in Hawaii. However, undocumented students may still be eligible for certain federal and state financial aid programs, depending on their individual circumstances. It is recommended that they speak with their school’s guidance counselor or an immigration attorney to explore their options. Additionally, there may be local organizations or foundations that offer scholarships or assistance for immigrant students in Hawaii.

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

No, a student’s immigration status or the immigration status of their parents or guardians is not taken into consideration during enrollment in K-12 schools in Hawaii. All children, regardless of immigration status, have the right to enroll in and attend public schools in the United States. Schools may ask for proof of residency, such as a utility bill or lease agreement, but they cannot require proof of citizenship or legal immigration status. Additionally, schools are not allowed to discriminate against students based on their national origin or immigration status.

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

Hawaii has implemented several policies and programs to create a welcoming and inclusive environment for all students, including those with undocumented or immigrant status, within its K-12 schools. These efforts include:

1. Non-Discrimination Policy: Hawaii’s Department of Education has a non-discrimination policy that prohibits discrimination based on national origin, immigration status, or citizenship in all aspects of education.

2. Protection of Student Information: Hawaii law prohibits schools from requiring students to disclose their immigration status or that of their parents. Student records are also confidential and cannot be shared with third parties without written consent from the student or their parent/guardian.

3. Access to Public Schools: All children in Hawaii have the right to attend public school regardless of their immigration status. This includes undocumented children, refugee and asylum-seeking children, and DACA recipients.

4. Language Support: Hawaii provides language support services for students who are English Language Learners (ELLs). This includes bilingual education programs, English as a Second Language (ESL) instruction, and translation services for important school communications.

5. Immigration Resource Guide for Schools: The Hawaii Department of Education developed an Immigration Resource Guide for Schools to provide information and resources for educators working with immigrant students and families.

6. Safe Zones/Alien Trespasser Policies: Some Hawaiian schools have declared themselves safe zones or adopted alien trespasser policies to provide additional protection for undocumented students on campus.

7. Training for Teachers and Staff: Hawaii provides training opportunities for teachers and staff on how to support diverse student populations, including immigrants and refugees.

8. Diversity Curriculum: Hawaii’s Department of Education has created a diversity curriculum designed to promote cultural awareness, respect, and inclusivity among students from different backgrounds.

9. Partnerships with Community Organizations: Hawaii’s schools often partner with community organizations that specialize in providing support services to immigrant families, such as legal aid clinics, health clinics and counseling agencies.

10. Counseling and Mental Health Support: Hawaii’s schools offer counseling and mental health services to students from all backgrounds, including immigrants and refugees, to ensure their emotional well-being and academic success.

11. Scholarships for Undocumented Students: Hawaii has scholarships available for undocumented students seeking a higher education, such as the Dream Fund Scholarship and the Hawaii Community Foundation Scholarships.

12. Granting Driver’s Licenses: In 2015, Hawaii passed a law allowing undocumented immigrants to obtain driver’s licenses, making it easier for them to access educational opportunities.

Overall, these efforts demonstrate Hawaii’s commitment to providing a safe, welcoming, and inclusive environment for all students regardless of their immigration status.

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

This will vary depending on the school and state. In some states, such as California, there are laws in place that require schools to provide training for staff on how to support and work with undocumented students. In other states, it may not be specifically mandated but schools may still offer training or professional development opportunities for teachers and staff to learn about best practices for supporting undocumented students. Ultimately, it is important for schools to have a culture of inclusivity and ongoing education so that all students, regardless of their documentation status, feel supported and welcomed by their teachers and school staff.

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

Under Hawaii’s legislation, undocumented students in K-12 schools are guaranteed the same educational rights and opportunities as any other student. This includes:

1. Non-discrimination: Hawaii law prohibits discrimination against any student on the basis of immigration status. Schools are also prohibited from inquiring about a student’s immigration status.

2. Enrollment: Undocumented students have the right to enroll in and attend public schools, regardless of their immigration status or lack of official documents.

3. Free education: All students, including undocumented students, are entitled to free public education in Hawaii from kindergarten through 12th grade.

4. Language services: Schools must provide language assistance to non-English speaking students, including undocumented students, in order to ensure effective communication and equal access to educational programs and services.

5. Special education services: Schools must provide special education services to undocumented students who are eligible for them under federal and state laws.

6. State financial aid: Undocumented students who meet certain criteria may be eligible for state financial aid, such as scholarships, grants, and loans.

7. Federal education benefits: Undocumented students may also be eligible for federal education benefits such as free or reduced-price meals and Title I funding for low-income schools.

8. Privacy protection: Hawaii law prohibits school officials from disclosing a student’s immigration status to anyone outside of the school system without parental consent or a court order.

Overall, these measures help ensure that undocumented students have equal access to educational opportunities and protections within the state’s K-12 schools.

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

There are a few resources available for families of undocumented students in Hawaii to navigate the K-12 education system, including:

1. Hawaii Immigrant Justice Center (HIJC): This organization provides free legal services to immigrants and their families, including assistance with education-related issues. They have offices on Oahu, Maui, and the Big Island.

2. 211 Hawaii: This is a free service that connects individuals and families to local resources and support services. They can provide information on organizations and programs that offer support to undocumented students in Hawaii.

3. Schools Without Borders: This program offers educational advocacy and support for undocumented students in Hawaii. They provide information and resources to help navigate the K-12 education system.

4. Hawaii Public Schools Office of Student Equity Excellence & Diversity (SEED): SEED works to ensure that all students, regardless of immigration status, have equal access to education in Hawaii public schools.

5. Parent Teacher Association (PTA): The PTA is a national organization that supports parents and families in advocating for their children’s education. The Hawaii State PTA may be able to connect families with local chapters or provide guidance on how parents can address any challenges their child may face as an undocumented student.

6. School counselors or social workers: School counselors or social workers may be able to provide guidance and support for undocumented students and their families within the school setting.

It’s also important for families to stay informed about their rights under federal law, such as the Supreme Court ruling Plyler v. Doe which ensures that all children have the right to a public education regardless of their immigration status. Keeping an open communication with school staff and administrators can also help address any concerns or challenges that arise for undocumented students in the education system.

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

At this time, there have not been any recent legislative changes or updates specifically supporting the rights and needs of undocumented students in K-12 schools in Hawaii. However, the state has taken steps to support all students regardless of their immigration status.

In 2012, Hawaii passed a law allowing all students, regardless of immigration status, to be eligible for in-state tuition at public universities and community colleges. This provides undocumented students with more affordable options for higher education.

Additionally, Hawaii also has policies in place that prohibit discrimination based on immigration status in public schools. This means that all students, regardless of their immigration status, have the right to enroll and receive an education without fear of discrimination.

In terms of supports for undocumented students specifically, the DOE Multilingual Services Branch provides resources and assistance for English Language Learners (ELL) and immigrant students, including those who may be undocumented. This includes providing translation services and support for ELLs and their families.

Overall, while there are no specific laws or updates addressing the rights and needs of undocumented students in K-12 schools in Hawaii, the state has taken steps to ensure that all students have access to education and are protected from discrimination.

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

Hawaii is considered to be one of the most supportive states for undocumented students in terms of legislation and policies in K-12 education. The state was one of the first to adopt the Deferred Action for Childhood Arrivals (DACA) program, allowing undocumented students who arrived in Hawaii at a young age to attend college and work without fear of deportation.

In addition, Hawaii offers in-state tuition rates for undocumented students who meet certain criteria, such as attending a Hawaii high school for at least three years. This makes higher education more accessible and affordable for undocumented students.

Furthermore, Hawaii has taken steps to protect the privacy of undocumented students by prohibiting schools from asking about immigration status and ensuring that student information is not shared with immigration authorities without a court order.

Compared to other states, Hawaii’s policies are generally more progressive and inclusive towards undocumented students. This has allowed for greater educational opportunities and resources for this population in the state.