Language Access in Education: School Enrollment
School enrollment is often a refugee family’s first meaningful interaction with the broader community. A lack of standard guidance and resources available for enrollment practices often creates unintentionally discriminatory practices and an unwelcoming environment for refugee families, resulting in decreased participation and success in the educational system. Ensuring both clarity and flexibility in the enrollment process can result in improved home school relationships, freed casework capacity to invest in school-preparation (as opposed to school problem-solving) activities, and improved student experiences.
THE INTERSTATE COMPACT OF EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN
Developed by the Department of Defense and the Council of State Governments, The Interstate Compact “remove[s] barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents.” The Compact mandates that states provide flexibility surrounding enrollment, participation, and graduation requirements for military children. Refugee students face similar barriers; procedural flexibility given to military families should be extended equitably to all newcomers, including refugee families.
COMMON OBSTACLES
Qualified interpreters and translated documents are not provided • Minimal information on English Learner (EL) programs is provided • Actual birthdates do not match documented birthdates • New arrivals may not have appropriate documentation of residency • Immunizations may not be completed by district deadlines
SOLUTIONS
State Educational Agencies (SEAs) can set standards for Local Educational Agency (LEA) policy, while still allowing for local flexibility. Legislation should require SEAs to describe flexibilities allowed for newcomers and provide clarity on enrollment procedures. Legislation should also require a report one year after implementation, ensuring refugee provider feedback is elevated and further problems are addressed.
RESIDENCY & IMMUNIZATION
Article VI of the Compact allows military students flexibility in regards to residency requirements. LEA policy often either fails to allow for flexibility, or creates ambiguity surrounding requirements—which often results in unintentionally discriminatory practices. LEAs should explicitly require flexibility by stipulating an inclusive list of documents that can be used to establish residency.
Article IV of the Compact allows military students “30 days from the date of enrollment” to receive vaccinations. LEA policy should allow similar flexibility for new arrivals.
AGE REQUIREMENTS
The Interstate Compact stipulates that students should not be “disadvantaged...due to difficulty in the transfer of education records from the previous school district or variations in entrance or age requirements.”
The Department of Education similarly notes, “Requests for documents such as birth certificates must not unlawfully bar or discourage a prospective student from enrolling.”
LEA policy should ensure inaccuracies in or a lack of birth certificates and late-entry does not prohibit enrollment.
LANGUAGE ACCESS
While the Compact does not discuss language access, federal law stipulates that “a district must meaningfully communicate material information about enrollment – e.g., translate a document into languages other than English and have some method of responding to those parents’ questions.” LEA policy should describe, in detail, the language access obligations of districts and procedures for accessing qualified interpretation and translation services (esp. remote services for under represented languages).
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