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

In North Carolina, undocumented students in K-12 education are protected by the following legislation:

1. Plyler v. Doe (1982): This Supreme Court ruling states that it is unconstitutional for states to deny undocumented students access to public education based on their immigration status.

2. North Carolina HB 664 (2015): This law requires school districts to provide information on how undocumented students can access higher education and financial aid.

3. North Carolina HB 1079 (2001): This law allows undocumented students who meet certain criteria (such as attending a NC high school for at least two years) to pay in-state tuition rates at public colleges and universities.

4. North Carolina SB 463 (2018): This law prohibits community colleges from discriminating against students based on their immigration status and allows them to receive in-state tuition rates if they meet certain criteria.

5. McKinney-Vento Homeless Assistance Act: This federal law ensures that homeless youth have equal access to education, regardless of their immigration status.

6. Title VI of the Civil Rights Act of 1964: This federal law protects the rights of all students, regardless of their immigration status, to receive an equitable education free from discrimination.

7. Every Student Succeeds Act (ESSA) (2015): This federal law allows undocumented students to participate in state assessments and grants equal access to federally funded educational programs and services.

Overall, these laws aim to protect the rights of undocumented students in K-12 education in North Carolina and ensure they have access to a quality education without discrimination based on their immigration status.

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

In North Carolina, undocumented students are entitled to receive a free public education in K-12 schools. The state follows the guidelines set forth by the Supreme Court ruling in Plyler v. Doe, which prohibits public schools from denying access to education based on immigration status.

Additionally, in 2014, North Carolina passed a law known as the Tuition Equality Act, which allows undocumented students who have attended at least three years of high school in the state and graduated or obtained a GED to pay in-state tuition rates at community colleges and universities.

The North Carolina Department of Public Instruction also provides resources and support for undocumented students through its English as a Second Language/Bilingual Education program, which assists with language development and academic achievement for English language learners. This program also offers cultural sensitivity training for educators to ensure that undocumented students are not discriminated against due to their immigration status.

Furthermore, in 2019, North Carolina passed the Education Protection Act (HB 200), which prohibits local governments and law enforcement agencies from sharing information about a student’s immigration status with federal immigration authorities without a court order. This was put in place to protect students from potential deportation or other negative consequences.

Overall, North Carolina strives to provide equal educational opportunities and protections for all students, regardless of their immigration status.

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

Yes, North Carolina offers some financial support and resources for undocumented students in K-12 schooling.

One resource is the State Assistance Program for Undocumented Students (SAF), which provides financial assistance for tuition and some fees to eligible undocumented students attending certain universities, community colleges, and technical schools in North Carolina. To be eligible for this program, students must have lived continuously in North Carolina for at least 12 months before applying and submit a complete application demonstrating financial need.

Additionally, some school districts in North Carolina have implemented programs or policies to support undocumented students. For example, the Wake County Public School System has a Dreamers Advisory Council that offers resources and support specifically for DACA (Deferred Action for Childhood Arrivals) students. The Charlotte-Mecklenburg Schools also have a program called “Step Up to College” that assists DACA and other non-citizen high school seniors with college applications and scholarship opportunities.

Moreover, North Carolina public schools are not allowed to deny enrollment based on immigration status. This means that undocumented students are entitled to attend public K-12 schools just like any other student. These schools may also provide language assistance services to help non-English-speaking families navigate the school system.

It is important to note that eligibility requirements and availability of resources may vary depending on the specific school district or institution. Undocumented students or their families can contact their local school district or individual college/university directly to inquire about available resources and support.

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

Yes, there are several potential pathways to citizenship for long-term undocumented students in North Carolina who graduate high school.

1. Deferred Action for Childhood Arrivals (DACA): This program allows individuals who were brought to the United States as children and meet certain eligibility requirements to apply for temporary protection from deportation and work authorization. DACA recipients can renew their status every two years, and it provides a pathway to eventual permanent residency through employment or sponsorship by a family member.

2. Special Immigrant Juvenile Status (SIJS): This option is available for individuals under the age of 21 who have been abused, neglected, or abandoned by one or both parents. To be eligible, the individual must have a valid court order from a state juvenile court declaring them dependent on the court and unable to reunite with their parent(s).

3. U visas: Victims of certain crimes who cooperate with law enforcement may be eligible for U nonimmigrant status, which allows them to remain in the United States and eventually apply for permanent residency.

4. Provisional waivers: Individuals who entered the country without inspection or overstayed their visas may be able to apply for a provisional waiver if they have a spouse or parent who is a U.S. citizen or legal permanent resident.

5. Asylum: Those who can demonstrate a well-founded fear of persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group may be eligible for asylum and subsequently adjust to permanent residency.

It is important to note that each case is unique and eligibility for these pathways will depend on individual circumstances. It is recommended that undocumented students consult with an immigration attorney or accredited representative to fully explore their options and determine the best pathway towards citizenship.

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

According to the North Carolina Department of Public Instruction, accommodations for English Language Learners (ELLs) include:

1. English as a Second Language (ESL) Programs: Schools are required to offer specialized ESL instruction for ELLs in grades K-12. These programs may vary in structure and duration, depending on the needs of the students.

2. Multilingual Services: The state offers multilingual services for parents and families who speak languages other than English, including translated documents and interpretation services.

3. Content-based Instruction: ELLs receive content-based instruction that focuses on both language development and grade-level content in order to help them succeed academically.

4. Bilingual Education Programs: In addition to ESL programs, some schools may offer bilingual education programs where instruction is provided in both English and the student’s native language.

5. Sheltered Instruction Observational Protocol (SIOP): This instructional model is used by teachers to ensure that ELLs receive appropriate academic support through sheltered instruction techniques, such as visual aids and hands-on activities.

6. Testing Accommodations: ELLs are given accommodations on standardized tests, such as extended time or translated instructions, to help them demonstrate their knowledge.

The North Carolina school system also ensures that all students, including undocumented students, have access to a free public education regardless of their immigration status. Undocumented students have the same rights and protections under federal laws as other students, including the right to an education without discrimination based on their immigration status.

Additionally, schools must follow guidelines set by federal law to protect the privacy of all students’ educational records, including those of undocumented students. This means that schools cannot share information about a student’s immigration status with third parties without written consent from a parent or guardian.

Overall, North Carolina’s K-12 schools aim to provide all necessary accommodations and support for ELLs and undocumented students so they can fully participate in and benefit from their education.

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

Yes, there are restrictions on immigration enforcement activities within North Carolina’s K-12 schools. The state’s “Protecting Children in Schools” law (N.C.G.S. § 115C-407.5) prohibits school officials from disclosing a student’s immigration status or any other information that could reveal their or their family members’ legal status, unless required by law. Additionally, the law prohibits school officials from collecting information on students’ immigration status or providing access to students for purposes of enforcement of federal immigration laws. School personnel are also prohibited from inquiring about a student’s citizenship or immigration status unless necessary for enrollment and educational purposes.

North Carolina also has a policy that prevents Immigration and Customs Enforcement (ICE) agents from entering schools without a warrant signed by a judge, unless there is an emergency. This policy applies to all public schools, including charter schools and community colleges.

Furthermore, the federal Plyler v. Doe Supreme Court case ruled that undocumented children have the right to receive a primary and secondary education regardless of their immigration status.

Overall, these measures aim to protect students’ privacy and ensure that they can access education without fear of immigration enforcement activities taking place on school grounds.

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

According to North Carolina’s legislation, undocumented students are entitled to enroll in K-12 public schools if they meet specific eligibility criteria. These include being between the ages of 5 and 21 years old and residing within the state. The student must also not have graduated from a secondary school in any state or territory.

Additionally, the legislation prohibits public schools from requiring proof of immigration status for enrollment purposes. It also states that any information regarding a student’s immigration status shall be kept confidential and cannot be shared with federal immigration authorities except as required by law.

Furthermore, North Carolina permits undocumented students to participate in extracurricular activities, including athletics, on the same basis as other students. They are also eligible for transportation services provided by the school district.

Overall, North Carolina’s legislation seeks to ensure that all children have access to 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 North Carolina?

Yes, there are some specific educational programs and services available to support the academic success of undocumented students in K-12 schools in North Carolina:

1. DACA (Deferred Action for Childhood Arrivals): While not specific to North Carolina, the federal DACA program provides certain protections and eligibility for work permits to undocumented individuals who arrived in the U.S. before the age of 16.

2. In-State Tuition: Due to a state law passed in 2001, undocumented students are eligible for in-state tuition rates at North Carolina’s public colleges and universities if they meet certain criteria and have attended high school in the state for at least three years.

3. DREAM Scholars Program: This program offers scholarships and support services to eligible undocumented students attending any of North Carolina’s 17 campuses within the University of North Carolina system.

4. NC Equity Center: The center provides resources, training, and outreach programs for individuals working with immigrant and refugee communities, including undocumented students.

5. Educational Equity/SAT May Pledges Initiative: This initiative by College Board allows schools and districts to offer fee waivers for SAT exams for low-income or undocumented students who may not be able to afford them otherwise.

6. Summer’s Best Two Weeks Program: This is a leadership development program specifically designed for Latino/a youth, including those who are undocumented or have DACA status.

7. RISE Scholarship Foundation: This foundation offers scholarships and mentoring opportunities to low-income and underrepresented minority high school students, including those who are undocumented or have DACA status.

8. Immigrant Youth Leadership Academy (IYLA): This program aims to provide leadership development opportunities to immigrant youth through workshops, internships, mentorship programs, and civic engagement activities.

9. Student Action with Farmworkers (SAF): SAF provides education and leadership development opportunities for migrant youth workers through their internship program.

10. School-Based Support Programs: Some school districts may also offer support programs specifically for undocumented students, such as counseling, tutoring, and mentorship services. It is recommended to check with individual school districts for more information.

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

According to the North Carolina Department of Public Instruction, DACA recipients have the same rights and protections as any other student attending K-12 schools in the state. This includes protections against discrimination on the basis of immigration status.

Additionally, Title VI of the Civil Rights Act of 1964 prohibits discrimination in public schools on the basis of national origin, which includes immigration status. This means that schools cannot deny enrollment or participation in any programs or activities based on a student’s DACA status.

Furthermore, under Plyler v. Doe (1982), undocumented students have a right to a free public education in the United States regardless of their immigration status. This decision also extends to DACA recipients, ensuring that they have access to education just like any other student.

DACA recipients may also be eligible for certain accommodations and resources under federal laws such as the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act, if they have qualifying disabilities.

In addition to these legal protections, many schools and districts in North Carolina have policies in place to support and protect undocumented students and DACA recipients. For example, some districts have declared themselves “safe zones” where immigration enforcement actions will not take place on school premises without a warrant. It is important for DACA recipients to familiarize themselves with their school’s policies and procedures regarding immigration and seek out support from school counselors or administrators if needed.

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

Yes, in-state tuition and state-funded financial aid is available to undocumented students graduating from K-12 schools in North Carolina. The NC House Bill 170 “Access to Higher Education for Undocumented Students” was passed in June 2021 and allows for a path to securing legal status for undocumented students and also provides access to in-state tuition rates at public universities and community colleges, as well as state-funded financial aid.

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

Each state has its own laws and policies regarding enrollment and education for undocumented students in K-12 schools. Some states have specific laws providing rights and protections for undocumented students, while others may not have any specific laws addressing the issue. It is important to consult with a local attorney or organization that specializes in immigrant rights to understand the specific laws and policies in your state. In general, federal law prohibits discrimination based on immigration status in educational settings, so states are not allowed to have laws that overtly discriminate against undocumented students. However, there may be other laws or processes (such as proof of residency requirements) that could indirectly impact the enrollment and education of undocumented students.

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

North Carolina has several laws and policies in place to address the unique needs and challenges of undocumented students in the K-12 education system:

1. Access to Education: In line with the 1982 Supreme Court ruling in Plyler v. Doe, which mandates that all children have a right to a free public education regardless of their immigration status, North Carolina allows undocumented students to enroll in public schools.

2. In-State Tuition: In 2001, North Carolina passed HB 1057, which grants in-state tuition rates to undocumented students who have attended and graduated from a North Carolina high school for at least three consecutive years.

3. Financial Aid: Undocumented students are not eligible for federal financial aid, however, some states offer state-sponsored financial aid programs or allow them to receive private scholarships. In North Carolina, undocumented students are eligible for some scholarships through private organizations and colleges if they meet the eligibility criteria.

4. Protection Against Discrimination: Under federal law (Title VI of the Civil Rights Act), no individual should be discriminated against on the basis of race, color or national origin. This also includes discrimination based on immigration status. Additionally, North Carolina state law prohibits schools from denying admission or expelling a student based on their immigration status.

5. Bilingual Education Programs: The state provides funding for bilingual education programs to help support English language learners (ELLs) in schools.

6. Safe Spaces in Schools: The Departments of Public Instruction and Community Colleges released guidance to schools on how to support DACA students and other immigrant youth by providing safe spaces in schools that offer resources such as counseling services, legal services and academic advising, among others.

7. Confidentiality Policies: To protect student privacy and promote a safe learning environment, school districts must adopt policies that limit immigration enforcement actions on school premises without valid legal warrants.

8. Counseling Services: Schools are encouraged to provide counseling services for all students including undocumented students, to address their specific needs related to immigration status and other personal challenges.

9. Ombudsman Program: North Carolina created the Ombudsman Program in 2017 to assist immigrant families and students with questions about enrollment, immigration policy changes, and accessing resources.

10. Career and College Readiness Programs: The state offers college and career readiness programs such as the NCWorks Apprenticeship program and Career Technical Education courses to help prepare undocumented students for post-secondary education opportunities.

Overall, North Carolina’s legislation seeks to ensure that undocumented students have equal access to education opportunities, are protected from discrimination, and have access to resources and support that can help them succeed in school.

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

In North Carolina, there are no resources specifically designated for undocumented students attending K-12 schools. However, depending on the specific school district and individual circumstances, undocumented students may be eligible for certain forms of financial aid or scholarships.

Some potential options to explore include:

1. Free and Reduced Lunch Program: Undocumented students may be eligible for free or reduced-price lunches through the National School Lunch Program if their families meet income eligibility requirements.

2. Local Scholarships: Some schools or community organizations in North Carolina may offer scholarships specifically for undocumented students. Contact your school’s guidance office or local community organizations to see if any opportunities are available.

3. Private Scholarships: There are a number of private scholarships available to undocumented students regardless of immigration status. These can often be found through online scholarship search engines like Fastweb or Cappex.

4. Carolina Covenant: The University of North Carolina at Chapel Hill offers the Carolina Covenant program, which provides financial aid and support to low-income students who have demonstrated strong academic potential.

It’s also important to note that undocumented students are legally allowed to attend public K-12 schools in North Carolina and cannot be denied enrollment based on their immigration status. Schools are also prohibited from discriminating against students based on race, ethnicity, national origin, or other factors. If you believe you have been unfairly denied access to education due to your immigration status, you can seek assistance from organizations such as the American Civil Liberties Union (ACLU) of North Carolina or Legal Aid of North Carolina.

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

No, a student’s or their parent’s/guardian’s immigration status is not considered during the enrollment process for K-12 schools in North Carolina. All children have the right to access public education regardless of their immigration status, according to federal law (Plyler v. Doe). Schools are prohibited from asking about a student’s immigration status or requiring proof of legal residency for enrollment purposes.

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

In recent years, North Carolina has implemented several measures to create a welcoming and inclusive environment for all students, regardless of their immigration status, within its K-12 schools. These efforts include:

1. Non-Discrimination Policies: The North Carolina State Board of Education has adopted policies that protect students from discrimination based on their race, national origin, and immigration status.

2. Access to Education: In 2017, the state passed a law allowing any student who is eligible for enrollment in public schools to attend without regard to immigration status.

3. Safe Zones: Some school districts across the state have designated “safe zones” where families can seek information and resources on immigration-related issues without fear of being reported to immigration authorities.

4. Training for School Staff: Many school districts have provided training for teachers and staff on how to support immigrant students and their families, including how to respond to questions about citizenship or immigration status.

5. Multilingual Resources: Many schools have made efforts to provide multilingual resources for immigrant families, such as translated documents and interpretation services.

6. DACA Support: Some school districts have specific policies in place to support students who are recipients of the Deferred Action for Childhood Arrivals (DACA) program.

7. Professional Development: The Department of Public Instruction offers professional development opportunities for educators on cultural competency and supporting immigrant students.

8. Allies in Schools: Several organizations, such as El Centro Hispano and Immigrant Families Together, work with local schools to provide allies who can support undocumented and refugee families in navigating the education system.

9. Legal Services: Some districts partner with legal aid organizations to provide free or low-cost legal services for immigrant families facing deportation or other legal challenges.

10. Community Partnerships: Schools often partner with community organizations that provide support services for immigrant families, such as health care clinics and after-school programs.

Overall, the state continues to make efforts towards creating a welcoming and inclusive environment for immigrant students in its K-12 schools, but there is still room for improvement.

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

It is difficult to provide a definitive answer as training requirements vary by state. However, there are resources available for educators and school staff to increase their understanding of supporting undocumented students, including webinars, online courses, and in-person trainings offered by organizations such as the Immigrant Legal Resource Center, United We Dream, and Teaching Tolerance. Additionally, some states have passed legislation that requires schools to provide training on the rights and protections of immigrant students. It is important for educators and school staff to proactively seek out resources and stay informed on how best to support undocumented students under current state legislation.

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

North Carolina’s legislation, including the state’s version of the Federal Plyler v. Doe ruling, ensures that all students, regardless of their immigration status, have access to equal educational opportunities in K-12 schools. This is achieved through several measures:

1. Admission and Enrollment: The state requires school districts to admit all students who meet the age requirements for enrollment, without regard to immigration status.

2. Non-Discrimination: Schools are prohibited from discriminating against students based on their immigration status.

3. In-State Tuition: Undocumented students who have graduated from a North Carolina high school and meet other eligibility criteria can be considered as in-state residents for tuition purposes at public colleges and universities.

4. Language Access: Schools are required to provide language assistance to help parents who do not speak English communicate with school staff and participate in their children’s education.

5. Eligibility for Programs and Services: Undocumented students are eligible for all educational programs and services available to other students, including special education services.

6. Confidentiality: Schools are prohibited from disclosing information about a student’s immigration status unless required by law or court order.

7. Financial Aid: Undocumented students are ineligible for federal financial aid, but may qualify for state-specific financial aid programs such as the NC Dream Act and community college scholarships.

Overall, these measures ensure that undocumented students in North Carolina have access to the same educational opportunities as their peers without fear of discrimination or deportation.

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

There are a variety of resources available for families of undocumented students in North Carolina to navigate the K-12 education system, including:
1. Undocumented Students’ Rights: The Legal Aid of North Carolina has a comprehensive guide that outlines the rights and protections for undocumented students in the K-12 education system, including information on enrollment, participation in extracurricular activities, and college admissions.
2. Immigration Advocacy Groups: There are several immigration advocacy groups in North Carolina that provide support and resources for undocumented students and their families. These include organizations like El Pueblo, which offers workshops and educational programs specifically for undocumented students.
3. School District Guidance: Some school districts have specific guidelines or policies in place to support undocumented students and their families. Contact your local school district for more information on the resources and assistance they provide.
4. The NC Education Corps: This organization partners with communities to offer support services for immigrant and refugee families navigating the American education system, including translation services and workshops on understanding educational opportunities.
5. The Latinx Education Collaborative: This statewide organization works to advance equity for Latinx students through partnerships with schools, organizations, and communities. They offer resources such as webinars, workshops, publications, and toolkits to assist families navigating the K-12 education system.
6. Community and Faith-based Organizations: Local community centers or faith-based organizations may also provide programs or services specifically tailored to supporting undocumented students and their families in North Carolina.

It is important to note that many of these resources may vary depending on location within North Carolina. It is recommended to reach out to the specific county or city’s school district office or local organizations for additional assistance.

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

There have been several recent legislative changes and updates in North Carolina to support the rights and needs of undocumented students in K-12 schools.

In 2019, the General Assembly passed a law that allows undocumented students to receive in-state tuition at community colleges, universities, and technical schools if they attended a North Carolina high school for at least two years and graduated or received a GED. This law extends in-state tuition benefits to undocumented students who were previously required to pay out-of-state rates.

Additionally, the Every Student Succeeds Act (ESSA) includes provisions for supporting English language learners and immigrant students. Under ESSA, states are required to provide English language instruction and support services for all eligible students, regardless of their immigration status. Schools must also provide access to academic programs and extracurricular activities for immigrant students that are equal to those offered to other students.

In 2020, Governor Roy Cooper signed into law House Bill 1079, also known as the Access to Education Act. This law clarifies that all children in North Carolina have a right to attend public schools regardless of their immigration status or citizenship. It prohibits any type of discrimination against a student based on their immigration status or national origin.

Moreover, in response to COVID-19 pandemic, the North Carolina Department of Public Instruction (NCDPI) issued guidance stating that all public schools must provide remote learning opportunities and instructional materials for all students, including undocumented and homeless students. The NCDPI has also clarified that schools cannot require proof of legal residency or citizenship for enrollment, as this would be considered discrimination under federal laws.

Overall, these legislative changes and updates aim to ensure that undocumented students have access to education without facing barriers due to their immigration status.

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

North Carolina has a mixed track record in terms of legislation and policies supporting undocumented students in K-12 education when compared to other states. On one hand, the state has passed some progressive measures such as allowing undocumented students to pay in-state tuition at public colleges and universities if they met certain criteria, including attending a North Carolina high school for at least three years. The state also allows undocumented students to receive state-funded financial aid through the North Carolina Education Lottery Scholarship program.

However, North Carolina also has several policies that restrict or make it difficult for undocumented students to access education. For example, the state does not offer driver’s licenses to undocumented individuals, making it difficult for them to commute to school. In addition, North Carolina is one of only six states that still require proof of legal presence for enrollment in publicly-funded adult education programs.

Overall, North Carolina’s policies towards supporting undocumented students in K-12 education fall behind some more progressive states such as California and New York. However, they are also ahead of many states that have passed stricter anti-immigrant policies.