How can new immigrant children enroll in school?

All students have a right to an education in New York City regardless of their immigration status, including the right to enroll, access to translation/interpretation services, and special education services. School officials cannot ask about the immigration status of a student or the student’s parent/guardian.

To enroll a child in school, you must provide:

• Immigrant Proof of home address (such as utility bills, a lease, tax return, a letter from a landlord) o Birth certificate or passport (proof of age)
• Immunization record
• Even if you don’t have all of the documents, the school must allow the child to attend on a temporary basis. 
• Students who are homeless or in temporary housing are allowed to enroll in school!
• Unaccompanied Youth or Emancipated Minors (16-17 years of age): Even if the youth is unable to provide the required documents, the school must enroll them immediately.
• Contact your local Family Welcome Center to enroll in school. Find your local center on this website or call 311 for help.

English Language Learners (ELL) help:

• Your child’s school should give every student a Home Language Identification Survey (HLIS). You (parent or guardian) must fill out this form and return it to the school.
• If your family speaks a language other than English at home, your student will be asked to take a New York State English test.
• Depending on the results, your child may be eligible for one of 3 English Language Learner (ELL) programs at school.
  • Transitional Bilingual Education (begin with classes in home language and slowly switch to English)
  • ESL (classes at school taught in English only)
  • Dual Language Programs (classes taught in both home language and in English)
• Students can exit the ELL programs when they pass another New York State English test.

Your child should get an assessment:

• Students with Interrupted/ Inconsistent Formal Education (SIFE) refers to students who:
  • have been enrolled in school in New York for less than twelve months AND
  • are behind their expected grade level because of inconsistent schooling before they came to the U.S.
• Schools have 30 school days from initial enrollment to make an initial SIFE determination, and place the student in the appropriate setting. If they fail to, you can ask them to make an assessment.

Your child is entitled to special education services:

• Immigrant students are entitled to special education services like any other student.
• Be aware: sometimes, schools believe immigrant students have learning disabilities when the issue really is that they don’t speak English or have a different cultural understanding.
• A school must ask for your consent before evaluating your child for special education services. You are allowed to refuse.

Support services for trauma:

• Trauma such as physical or sexual abuse, witnessing violence, or loss of a loved one can impact a student’s ability to learn and to form positive relationships at school and in life.
• In some cases, students that have experienced trauma may be eligible for additional services and support in schools. If you think your child needs these services, ask!

Translation and interpretation services:

• Schools must provide interpretation and translation to parents and family members whose first language is not English.
• If you request an interpreter during a phone call or school meeting, the school MUST provide an interpreter!
• If you ask for a letter or notice from the school to be translated into another language, the school MUST translate it!
• If you have trouble getting a translation of a school document or being paired with an interpreter at your child’s school, you can ask for the Language Access Coordinator at your school to assist you.
• You can translate the NYC Department of Education website (https://www.schools.nyc.gov/) into any language by choosing the “Select Language” button at the top of the page.

Other school options for your child:

• Transfer Schools: These are small high schools for students aged 16-21 who dropped out of school or are behind on credits they need to graduate.
• Pathways: Pathways schools are schools where students aged 18-21 can earn a High School Equivalency Diploma.
• International Schools: There are a few international schools specially designed to support recent immigrant students.
• Ask your Family Welcome Center for more information about these schools!

For free legal help, call Legal Services NYC at 917-661-4500 Monday through Friday from 9:30 a.m. to 4 p.m. Learn more about our intake process here.

* The information does not constitute legal advice. You should always consult an attorney regarding your matter. Legal help subject to capacity and location.