State Legislation Supporting Undocumented Students in K-12 in New Hampshire

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

There is no specific legislation in New Hampshire that solely focuses on supporting undocumented students in K-12 education. However, there are state and federal laws that protect the right of all students, including undocumented students, to access public education.

2. What is the Plyler v. Doe case?
Plyler v. Doe was a landmark 1982 Supreme Court case that established the right for all children, regardless of their immigration status, to receive a free public education in the United States. The case challenged a Texas law that denied funding to local school districts for educating undocumented children and charged a $1,000 annual fee for each undocumented student attending school. The Supreme Court ruled that this law violated the Equal Protection Clause of the 14th Amendment and firmly established that all children have a fundamental right to an education.

3. How does Plyler v. Doe affect undocumented students in New Hampshire?
Plyler v. Doe applies to all states in the United States, including New Hampshire. This means that all public schools in New Hampshire are required to provide equal access to educational opportunities for all students, regardless of their immigration status.

4. Are undocumented students eligible for financial aid in New Hampshire?
Undocumented students are generally not eligible for federal financial aid such as grants and loans from the FAFSA (Free Application for Federal Student Aid). However, some states like New Hampshire may offer state-funded financial aid or scholarships to undocumented students who meet certain eligibility criteria.

5. Can undocumented students attend college in New Hampshire?
Yes, undocumented students can attend college in New Hampshire as long as they meet admission requirements set by the institution and can afford tuition costs without federal financial aid.

6. What resources are available for undocumented students pursuing higher education in New Hampshire?
There are several organizations and resources available for undocumented students pursuing higher education in New Hampshire:

– The University of New Hampshire has a Undocumented Student Resource Guide which provides information on financial aid, scholarships, and other resources for undocumented students.
– The Granite State Organizing Project (GSOP) has a Youth Education Fund that provides scholarships and support to undocumented students pursuing higher education in New Hampshire.
– The New Hampshire Bar Association offers a guide on “Higher Education Opportunities for Undocumented Students in New Hampshire” which provides information on scholarships and resources for undocumented students.
– The New Hampshire Dream Coalition is a statewide organization that advocates for the rights of undocumented immigrants and provides support to undocumented students pursuing higher education.
– The Community College System of New Hampshire also has resources available for undocumented students, including financial aid options.

7. How can educators and school staff support undocumented students?
Educators and school staff can support undocumented students by:

– Providing a safe, inclusive, and welcoming environment for all students regardless of their immigration status
– Being aware of the challenges that undocumented students may face and offering resources and support when needed
– Familiarizing themselves with policies and laws regarding the rights of undocumented students, such as Plyler v. Doe
– Advocating for policies that promote equity and access to education for all students, including those who are undocumented
– Connecting with community organizations that provide resources and support for undocumented students

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


In New Hampshire, undocumented students are protected by state and federal laws that guarantee equal access to education for all children regardless of their immigration status. This includes the following protections:

1. Plyler v. Doe: This is a Supreme Court case that established that all children, regardless of immigration status, have a right to enroll in public schools and receive a free public education.

2. New Hampshire State Law: Under state law, children between the ages of 6 and 18 are required to attend school. This applies to all children living in New Hampshire, including those who are undocumented.

3. Non-Discrimination Policy: All public schools in New Hampshire have policies in place that prohibit discrimination against any student based on their immigration status.

4. Protection from Harassment and Bullying: Undocumented students have the right to be protected from harassment or bullying based on their immigration status. Schools are required to take immediate action if they become aware of any such incidents.

5. English Language Learner Support: Undocumented students who are not fluent in English have the right to receive support services, such as language classes or translation services, to help them succeed academically.

6. Privacy: Schools must protect the privacy of undocumented students and their families, including their immigration status and any personal information that could put them at risk.

7. In-State Tuition Rates: Undocumented students who meet certain requirements may be eligible for in-state tuition rates at public colleges and universities in New Hampshire under the DACA program (Deferred Action for Childhood Arrivals).

In summary, New Hampshire ensures that undocumented students have access to a safe and supportive learning environment where they can receive an education without fear of discrimination or harassment based on their immigration status.

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


Yes, undocumented students in New Hampshire may be eligible for financial support and resources through several programs in K-12 schooling, including:

1. Title VI of the Elementary and Secondary Education Act (ESEA), also known as the McKinney-Vento Homeless Assistance Act: This federal program provides funding for schools to support the education of homeless students, including undocumented students who may not have a stable or permanent housing situation.

2. The New Hampshire Special Education Program: Undocumented students with disabilities may receive special education services and accommodations under this program.

3. English Learners Programs: Undocumented students who are English language learners (ELLs) may receive additional support and resources through their school’s ELL program.

4. School Counselors: School counselors may provide support to undocumented students by helping them navigate the college application process and identifying financial aid opportunities.

5. Private Scholarships: Some private organizations offer scholarships specifically for undocumented students in New Hampshire, such as TheDream.US scholarship program.

6. Statewide Tuition Waivers for Undocumented Students: Under a 2018 state law, undocumented students who meet certain criteria, like attending high school in New Hampshire for at least three years, can pay in-state tuition rates at public colleges and universities.

7. Local Non-Profit Organizations: There are local non-profit organizations that provide resources and support to undocumented students in New Hampshire, such as the Granite State Organizing Project.

It is important to note that each district within New Hampshire may have different policies and resources available for undocumented students. It is recommended that families reach out to their local school district or a community organization for more information about specific resources available in their area.

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

There is currently no clear pathway to citizenship for undocumented students who graduate from high school in New Hampshire. However, there are some potential paths that individuals could pursue:

1. DACA: The Deferred Action for Childhood Arrivals (DACA) program allows certain undocumented individuals who came to the United States as children to apply for a work permit and protection from deportation. This program does not provide a pathway to citizenship, but it does allow individuals to temporarily remain in the country and work legally.

2. Military Service: Undocumented immigrants may be eligible to enlist in the U.S. military through the Military Accessions Vital to National Interest (MAVNI) program. Under this program, individuals who have certain skills or language abilities can join the military and potentially become eligible for citizenship after one year of active duty service.

3. Special Immigrant Juvenile Status (SIJS): Undocumented minors who have been abused, abandoned, or neglected by their parents may be able to apply for SIJS, which grants them legal status in the U.S. They can then potentially apply for citizenship after five years of lawful permanent residency.

4. Marriage: In some cases, an individual who marries a U.S. citizen may be able to obtain legal status through their spouse and eventually apply for citizenship.

5. Comprehensive Immigration Reform: There have been efforts in the past to pass comprehensive immigration reform that would provide a pathway to citizenship for undocumented immigrants who meet certain criteria, such as graduating high school and passing background checks.

It is important to note that these options are not guarantees and each case is unique. It is best to consult with an immigration lawyer or advocate for personalized advice on potential pathways to citizenship.

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


In New Hampshire, accommodations are provided to English Language Learners (ELLs) in K-12 schools through the following measures:

1. English as a Second Language (ESL) Programs: Many school districts offer ESL programs designed specifically for ELL students to help them improve their English proficiency. These programs may include instruction in areas such as speaking, listening, reading, and writing.

2. Sheltered Instruction: Some schools also implement a sheltered instruction approach where ELL students are placed in mainstream classes but receive additional support from ESL teachers who use modifications and adaptations to help them understand content material and participate in class activities.

3. Bilingual Education: In some cases, bilingual education programs are available for ELL students to maintain and develop their native language while also learning English.

4. Cultural Support: Schools may provide cultural supports for ELL students, such as culturally responsive teaching practices and cultural sensitivity training for teachers and staff.

5. Individualized Learning Plans (ILPs): ILPs are developed for each ELL student to address their specific language development needs. This may include setting goals and tracking progress towards English proficiency.

6. Modified Assessments: Accommodations can be made for ELL students on standardized tests, such as allowing more time or providing translators or interpreters if needed.

7. Translation Services: Schools must provide translated materials or interpreters if necessary for effective communication with parents of ELL students who do not speak English fluently.

Undocumented students in New Hampshire also have access to these accommodations provided to ELLs. Federal law requires that all children have equal access to public education regardless of their immigration status.

Overall, the accommodations provided to ELLs and undocumented students in New Hampshire’s K-12 schools aim at promoting their academic success while respecting their linguistic and cultural diversity.

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


Yes, in 2018, the New Hampshire legislature passed a law (HB1545) that prohibits state and local law enforcement agencies from providing information about a student or their family’s immigration status to federal immigration authorities without a court order. This law also prohibits school officials from asking about a student’s or their family members’ immigration status.

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


New Hampshire’s legislation does not specifically address the enrollment of undocumented students in K-12 schools. However, the state allows all children, regardless of their immigration status, to enroll in school and receive a public education.

Under state law RSA 193-E:5,I, children are considered eligible for enrollment if they are between the ages of 6 and 18 and have not yet finished high school. This applies to all children, including those who may be undocumented.

Additionally, New Hampshire follows the federal law outlined in Plyler v. Doe which prohibits discrimination against undocumented children in public education. This means that schools cannot deny enrollment or charge fees based on a student’s immigration status.

Overall, New Hampshire’s legislation ensures that all children have access to a public education regardless of their immigration status.

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


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

1. English Language Learner (ELL) Programs: Many public schools in New Hampshire offer ELL programs for students who are learning English as a second language, including undocumented students. These programs provide language instruction and support to help students succeed academically.

2. Migrant Education Program (MEP): The MEP is a federally-funded program that provides educational and support services to children of migrant workers, including undocumented students. Services may include tutoring, counseling, and other academic support.

3. Multicultural Resource Center (MRC): Some schools in New Hampshire have MRCs that provide resources and support for immigrant and refugee students, including undocumented students. These centers often offer cultural competency training for staff and can connect families to community resources.

4. School Counseling: School counselors can play an important role in supporting the academic success of undocumented students by providing individualized counseling, academic advising, and connecting them with resources both within the school and in the community.

5. Nonprofit Organizations: There are a number of nonprofit organizations in New Hampshire that provide educational programs and services specifically for undocumented students. These may include college access programs, mentoring programs, or scholarships for undocumented youth.

6. College for America: This is a free program offered by Southern New Hampshire University which provides online courses and degrees to adult learners without traditional high school credentials, including undocumented immigrants.

7. Undocumented Student Allies Network (USAN): USAN is a statewide network of educators and advocates working to improve the educational opportunities for undocumented students in New Hampshire. They offer resources and trainings for educators on how to best support these students.

8. Statewide Parent Information Center (PIC): PIC is an organization that offers information, training, and support to families of children with disabilities or special education needs, including those who are undocumented. They can connect families with resources and help navigate the education system.

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


DACA recipients attending K-12 schools in New Hampshire are protected by a number of legal provisions, including:

1. Equal Protection Clause: The Equal Protection Clause of the 14th Amendment of the U.S. Constitution guarantees that all individuals, regardless of their immigration status, are entitled to equal protection under the law.

2. Plyler v. Doe: In this Supreme Court case from 1982, it was ruled that states cannot deny undocumented children access to public education based on their immigration status.

3. Title VI of the Civil Rights Act of 1964: This federal law prohibits discrimination based on race, color, or national origin in any program or activity receiving federal financial assistance. This includes public schools.

4. Family Educational Rights and Privacy Act (FERPA): This federal law protects the privacy of students’ educational records, including information about their immigration status.

5. New Hampshire state laws: New Hampshire has several state laws in place to protect the rights and education of all students, regardless of their immigration status. These include:

– RSA 193-E: This law prohibits discrimination based on citizenship or immigration status in employment and public accommodations.
– RSA 189-N: This law prohibits discrimination against students based on their national origin.
– RSA 193-B: This law guarantees equal access to public education for all children in New Hampshire.
– Regulation ED 306.01(a)(2): This regulation states that public schools in New Hampshire must provide enrollment regardless of a student’s immigration status.

Ultimately, DACA recipients have the same legal rights and protections as any other student attending K-12 school in New Hampshire and should not face discrimination based on their immigration status.

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


Yes. In 2018, New Hampshire passed legislation (HB 1297) that allows undocumented students who have graduated from a New Hampshire high school to qualify for in-state tuition at public colleges and universities. These students must meet certain criteria, including having attended school in New Hampshire for at least three years and signed an affidavit stating their intent to apply for permanent residency as soon as they are eligible. It also allows them to access financial aid through the NH Charitable Foundation’s General Scholarship Fund.

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

There are no state laws that specifically prohibit discrimination against undocumented students in K-12 enrollment and education. However, the Supreme Court has ruled in Plyler v. Doe (1982) that it is unconstitutional to deny a student a public education based on their immigration status. This means that all students, regardless of their immigration status, have the right to enroll and participate in K-12 education. Additionally, many states have laws or policies that explicitly state that immigration status cannot be used as a basis for denying access to public education.

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


New Hampshire has specific laws and policies in place to support undocumented students in the K-12 education system. These include:

1. Equal Access to Education:
New Hampshire law states that all children, regardless of their immigration status, are entitled to a free public education. This means that undocumented students have the right to attend public schools in the state.

2. Non-Discrimination:
The state also has laws prohibiting discrimination against students based on their immigration status. This means that schools cannot deny enrollment or access to services based on a student’s documentation status.

3. In-State Tuition for Undocumented Students:
In 2018, New Hampshire passed a law allowing undocumented students who attended high school in the state for at least three years and graduated to qualify for in-state tuition at public colleges and universities.

4. Protection of Student Information:
New Hampshire does not collect information on students’ immigration status, and school officials are not allowed to ask about it unless required by federal law or court order.

5. Bilingual Education Programs:
The state offers bilingual education programs for English language learners (ELLs), including undocumented students who may require extra support to learn English.

6. Special Education Services:
Undocumented students with disabilities are entitled to special education services under federal law, including Individualized Education Plans (IEPs) and accommodations.

7. LGBTQ+ Inclusive Curriculum:
In 2019, New Hampshire passed legislation requiring schools to include LGBTQ+ history and contributions in their curriculum, ensuring that undocumented LGBTQ+ students feel included and represented.

8. Safe Schools Policies:
Many schools in New Hampshire have adopted safe schools policies that protect undocumented students from harassment and bullying related to their immigration status.

Overall, New Hampshire’s legislation aims to ensure equal access and opportunities for all children regardless of their documentation status in the K-12 education system.

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

Unfortunately, we were unable to find any financial aid or scholarships specifically for undocumented students attending K-12 schools in New Hampshire. However, there are several organizations and programs that offer general scholarships and resources for undocumented students, such as the Dream.US, Hispanic Scholarship Fund, and Golden Door Scholars. In addition, some schools may have their own scholarship opportunities for undocumented students so it may be worth reaching out to your school’s guidance counselor or financial aid office.

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


No, parents’ or guardians’ immigration status is not taken into consideration during enrollment of their children into K-12 schools in New Hampshire.

However, schools may require documentation to establish a student’s eligibility for enrollment, such as proof of residency and birth certificate. Schools are also required to ask for the student’s social security number for identification purposes, but they cannot deny enrollment if the student does not have one. Immigration status is not a factor in determining a student’s eligibility for enrollment in public schools in New Hampshire.

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


New Hampshire has made several efforts to create a welcoming and inclusive environment for all students, regardless of their immigration status, in its K-12 schools. These efforts include:

1. Protecting all students’ access to education: New Hampshire has a state law that guarantees all children, regardless of their immigration status, the right to attend public school.

2. Promoting diversity and cultural proficiency: The New Hampshire Department of Education encourages schools to celebrate diversity and promote cultural proficiency through programs such as the Diversity Conference for Educators and the English Language Learner (ELL) Summer Institute.

3. Providing support for English language learners (ELL): New Hampshire offers ELL programs in schools to assist students whose first language is not English. These programs provide language instruction and support services to help non-native English speakers succeed academically.

4. Communicating with parents/guardians in multiple languages: Schools in New Hampshire strive to communicate with parents or guardians in their preferred language whenever possible, providing interpretation services and translated materials when needed.

5. Prohibiting discrimination based on immigration status: The state of New Hampshire prohibits discrimination against anyone based on their immigration status in any aspect of public education, including admission, enrollment, participation in school activities, or treatment by school staff.

6. Providing resources for undocumented students: The New Hampshire Department of Education offers guidance and resources to support undocumented students who may face unique challenges in accessing higher education.

7. Training educators on issues related to immigration: The state provides training and professional development opportunities for educators on issues related to immigration and supporting immigrant students.

8. Collaborating with community organizations: Schools in New Hampshire work closely with community organizations, such as refugee resettlement agencies, legal assistance groups, and immigrant advocacy groups, to support immigrant students and families.

9. Creating safe spaces: Some schools have established safe spaces where immigrants can seek help or find information without fear of being reported or discriminated against based on their immigration status.

10. Addressing bullying: New Hampshire has anti-bullying laws in place that explicitly protect students from bullying based on their immigration status. Schools are required to have a policy and procedures in place for addressing and preventing bullying of any kind.

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


This may vary depending on the state and school district. However, it is becoming increasingly important for schools to provide training and resources for staff on how to support and work with undocumented students under current legislation. Many states have passed laws that protect the rights of undocumented students in education, and it is necessary for teachers and staff to understand these laws and their implications.

Some schools or districts may offer specific training workshops or programs for staff on how to support undocumented students, while others may include this information as part of ongoing cultural competency training. In addition, some schools may have designated counselors or staff members who are trained specifically to provide support and resources for undocumented students.

It is important for educators to have a basic understanding of federal immigration policies, such as Deferred Action for Childhood Arrivals (DACA) program, as well as state laws that impact undocumented students’ rights in education, such as access to in-state tuition or financial aid. This can help teachers better advocate for their students and ensure they receive the appropriate support and services.

Overall, while there may not be a specific answer that applies uniformly across all states and school districts, it is crucial that schools take steps to train teachers and staff on how to support undocumented students under current legislation in order to create a safe and inclusive learning environment for all students.

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


New Hampshire has a number of laws and policies in place to ensure that undocumented students have access to equal educational opportunities in K-12 schools. These include:

1. Non-Discrimination Laws: New Hampshire’s non-discrimination laws prohibit any form of discrimination in education based on a student’s immigration status or national origin. This means that undocumented students must be treated the same as other students in terms of enrollment, participation in activities, and access to school services.

2. In-State Tuition: Undocumented students who have attended at least three years of high school in New Hampshire are eligible for in-state tuition rates at public colleges and universities.

3. Access to Public Education: Under the state’s compulsory education law, all children between the ages of 6 and 18, regardless of their immigration status, are entitled to attend public schools.

4. English Language Learner (ELL) Services: Undocumented students who are non-native English speakers may be eligible for ELL services to help them learn English and succeed academically.

5. Educational Records Privacy: New Hampshire has strict laws protecting the privacy of student records, including immigration status. School personnel are not allowed to disclose any information about a student’s immigration status without written permission from the student or their parent/guardian.

6. Immigration Enforcement Buffer Zones: Schools are designated as sensitive locations where federal immigration enforcement actions cannot take place without prior approval from school officials or local law enforcement.

Overall, these measures ensure that undocumented students have access to an equitable education free from discrimination and fear of deportation.

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


There are several resources available for families of undocumented students in New Hampshire to navigate the K-12 education system:

1. Schools: Families can speak directly with their child’s school or district administration to inquire about policies and practices for supporting undocumented students. Schools are required to provide equal educational opportunities to all students, regardless of immigration status.

2. Undocumented Student Resource Center: The University System of New Hampshire has an Undocumented Student Resource Center that provides information and resources for undocumented students and their families, including those in K-12 education.

3. New Hampshire Legal Assistance: This non-profit organization offers free legal aid for low-income individuals, including undocumented immigrants. They may be able to provide guidance on navigating the K-12 education system.

4. Immigrant Legal Advocacy Project (ILAP): ILAP is a non-profit legal services organization that provides free and confidential legal assistance to Maine’s immigrant community, including undocumented individuals and families. They have a helpline and offer consultations by appointment.

5. American Civil Liberties Union of New Hampshire (ACLU-NH): The ACLU-NH offers resources and support for immigrant rights, including educational rights for undocumented students. They also have a hotline for reporting civil rights violations.

6. Educators for Fair Consideration (E4FC) Toolkit: E4FC is a California-based organization that works towards equal access to higher education for all regardless of immigration status.They offer a comprehensive online toolkit with information on educational resources, financial aid, and other support services.

7. Community Organizations: There may be local community organizations or advocacy groups that specifically focus on supporting immigrant families in your area. These groups can provide valuable information and resources on navigating the K-12 education system as an undocumented family in New Hampshire.

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


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

In 2018, House Bill 1259 was signed into law, which allows undocumented students who meet certain qualifications to pay in-state tuition at public universities and community colleges in New Hampshire. This bill also prohibits discrimination based on immigration status when determining eligibility for state financial aid.

Additionally, in 2019, Governor Chris Sununu issued an executive order prohibiting discrimination based on immigration status in state agencies and programs, including K-12 schools. This ensures that all students, regardless of their immigration status, are able to attend school without fear of discrimination.

Furthermore, the New Hampshire Department of Education has guidance for schools on how to support immigrant students and families. This includes ensuring equal access to education and protecting the privacy of student information.

Overall, these legislative changes demonstrate a commitment to providing equal educational opportunities for undocumented students in K-12 schools in New Hampshire.

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


New Hampshire is relatively supportive of undocumented students in K-12 education compared to other states. It is one of only 21 states that offers in-state tuition for undocumented students at public colleges and universities. Additionally, the state allows undocumented students to qualify for state financial aid if they meet certain requirements, such as attending a New Hampshire high school for at least three years and graduating or receiving a high school equivalency certificate.

In terms of protections for K-12 students, New Hampshire permits undocumented students to enroll in public schools and does not require proof of immigration status during enrollment. The state also prohibits discrimination in education based on race, color, national origin, or citizenship status.

However, compared to other states with more comprehensive policies, New Hampshire may be considered less supportive. For example, while some states offer specific scholarships or grants for undocumented students, New Hampshire does not have any dedicated funding opportunities for these students. Additionally, New Hampshire does not have a statewide policy protecting the privacy of student records regarding immigration status.

Overall, while New Hampshire has taken some steps to support undocumented students in K-12 education, there is room for improvement and further action by the state government.