In June 1982, the Supreme Court issued Plyler v. Doe, a landmark decision which ensured equal access to education for all children regardless of their status. The Court found that States cannot constitutionally deny students a free public education on account of their immigration status.
Rights of All Children to Enroll in Schools
Justice Letter About Plyler v Doe
Fact Sheet: Information on the Rights of All Children to Enroll in School
Schools’ Civil Rights Obligations to English Learners
Schools' Civil Rights Obligations to English Learner Students and Limited English Proficient Parents
Dignity for All Students Act (DASA)
Dignity for All Students Act (DASA) Translated Resources include the Harassment Know Your Rights Flyer, Incident Reporting Form, and List of School Responsibilities. Translations are available in eleven languages.
Guidance to Support Safety and Equal Access to New York Schools
NYSED and NYS Attorney General letter clarifying the role of school resource officers (SROs) in safeguarding the rights of all students, including undocumented students, to receive a public education without fear of intervention by Immigration and Customs Enforcement (ICE) agents. (August 29, 2019)
C.R. Part 154.3 School District Responsibility - 6(b) School related information shall be distributed to parents or other persons in parental relationship to pupils with limited English proficiency in English or when necessary the language they understand (2007)
Article from Language Magazine written by Luis F. Suarez - This article provides a great summary of legal developments that have established precedents for current federal requirements to provide translation and interpretation services to students, parents, teachers and staff at public schools. The article also presents examples of specific tasks that translators and interpreters typically provide in order to facilitate communications between parents and school staff.
National Archives and Records Administration - Guidance to Federal Financial Assistance Recipients Regarding Title VI, Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons
Education and Title VI - Title VI of the civil rights act of 1964 prohibits discrimination based on race, color or national origin in programs or activities which receive federal financial assistance.
President Executive Order 13166 - Improving Access to Services for Persons With Limited English Proficiency (August 2000)
1970 Memorandum Regarding Language Minority Children
Fact sheet - Federal fact sheet answers common questions about the rights of parents and guardians who do not speak, listen, read, or write English proficiently because it is not their primary language (2015).
Home Language Questionnaire (HLQ) in Forty-one Languages - After registration and enrollment in the school, the Home Language Questionnaire (HLQ) is completed by the parent/guardian.
English Language Learners (ELLs) Screening, Identification, Placement, Review, and Exit Criteria - ELL Screening, Identification, and Placement must be completed within 10 school days from enrollment date
CR Part 154-2 (K-8) English as New Language (ENL) Units of Study and Staffing Requirements
CR Part 154-2 (9-12) English as New Language (ENL) Units of Study and Staffing Requirements
Fact sheet - Ensuring English Learner Students Can Participate Meaningfully and Equally in Educational Programs
K-12 Student Registration and Enrollment (December 2023) - This school registration and enrollment guidance document for NYS-MEP staff includes:
- What staff need to know about the right to a public education for students who are not US citizens
- Strategies to support school registration and enrollment
- Local and State supports for NYS-MEP staff
- NYSED resources
- Related State (NYSED) and federal resources
Fact Sheets about Accessing Public Education - The U.S. Department of Education’s Office for Civil Rights (OCR) and the U.S. Department of Justices’ Civil Rights Division (Justice) jointly released two fact sheets on June 14, 2023, highlighting challenges some migratory children and unaccompanied children may face while accessing public education. Additionally, these fact sheets explain where families can seek help and remind public schools of their responsibilities to migratory and unaccompanied children under federal civil rights laws.
- Protecting Access to Education for Migratory Children (English)
- Protecting Access to Education for Migratory Children (Spanish)
- Protecting Access to Education for Unaccompanied Children (English)
- Protecting Access to Education for Unaccompanied Children (Spanish)
For additional fact sheets and translations, visit the U.S. Department of Education, Office for Civil Rights, Equal Education Opportunities for English Learners webpage.
Letter to State Directors of Special Education from the Department of Education released on November 15, 2022 addressing high-quality education for highly mobile children - This letter and list of resources provides guidance and describes several important principles that the state, school districts, school staff, parents, families, and others may find helpful in ensuring that highly mobile children with disabilities receive required special education and related services designed to meet their unique needs in a timely manner. Read more on the Individuals with Disabilities Education Act (IDEA) website.
Decision No. 17,415 - Residency Appeal.
Guide to Understanding the Rules for School Registration - A two page brochure created by the New York State Education Department, explaining the 2015 updates for school registration in New York State. It is also available in Spanish.
The NYS Education Department requires a physical exam for new entrants and students in Grades Pre-K or K, 1,3,5,7,9,11. Download the Required NYS School Health Examination Form, for more information.
School Vaccination Requirements - NYS Health immunization rules for all students. Read the section titled, “Important Vaccination Deadlines.” These deadlines effect all students entering school or daycare, not just the students who no longer have non-medical exemptions from vaccinations. Keep reading for what families need to do for students to remain in school, if their immunizations are incomplete.
August 2022 memo: Providing Over-Age Students the Opportunity to Return in 2022-23 School Year Due to the Impact of COVID-19, ensures that 21-year-old students have the chance to earn their high school diploma.
2024-25 School Year New York State Immunization Requirements for School Entrance/Attendance - Identifies the specific number of doses and immunization differences between the various grade levels, pre-kindergarten through Grade 12.
Provision of Educational Services for Recently Arrived Unaccompanied Children and Youth - The Commissioner's May 26, 2021, memo is a reminder of the educational services available for these students.
To better serve the needs of New York State’s expanding multilingual population, the State Education Department (SED) amended Part 154 of the Regulations of the Commissioner of Education in 2014 to bolster the requirements for programs and services intended to serve those students with limited English proficiency (hereinafter, “English Learners” or “Els”).
In brief, C.R. Part 154 requires all schools and school district to address the needs of Els including timely screening and identification; plan and provide Els with equal access to all school programs and services offered by the school district in consultation with parents, teachers, and other stakeholders; and evaluate and report on their academic achievement. This is to ensure that Els are provided with opportunities to achieve the same educational goals and standards that have been established by the Board of Regents for all students.
Regulations Concerning English Learners(Els)
Students with Disabilities
Subparts 154.2 and 154.3 of the Regulations of the Commissioner of Education relates to the establishment of criteria for determining whether a student with a disability shall take the statewide English language proficiency identification assessment and the criteria for exiting students with disabilities from identification as an EL, effective December 3, 2014.
Guidance: Determining English Learner (EL) Status of and Services for Students with Disabilities
Memo: Addition of Subpart 154.3 of the Regulations of the Commissioner of Education
Initial Screening
Part 117 of the Regulations of the Commissioner of Education governs the initial screening and identification of English Learners (Els) and the provision of programs and services to said Els.
The State Assessment Office provides testing information, including the English Language Proficiency Assessments (NYSESLAT and NYSETELL), and recent news concerning assessments.
English Language Learners/Multilingual Learners Assessment & Testing Accommodations – NYSED information about the NYSITELL, NYSESLAT and testing accommodations including next-day completion, time extension, separate location, third reading of the ELA Listening Section, use of bilingual dictionaries/glossaries, oral translation for low incidence languages, and writing responses in the home/primary language.
The Education for Homeless Children and Youth program is administered under Title VII-B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.) (“McKinney-Vento”), which was originally authorized in 1987 and most recently reauthorized in December 2015 by ESSA. Under McKinney-Vento, State educational agencies must ensure that each homeless child and youth has equal access to the same free, appropriate public education, including a public preschool education, as other children and youths.
Expedite transportation access:
Under the McKinney-Vento Act and N.Y. Education Law § 3209, a student in temporary housing is entitled to transportation to their school of origin.
In New York State, the school district where the student attends school is the district that is responsible for providing transportation. Sometimes, the local department of social services (DSS) is responsible for transportation - for instance, where the student has been placed in a shelter outside of the school district and the student is eligible for Emergency Assistance for Families. The local DSS can meet their responsibility by asking the school district to supply the transportation and reimbursing the school district for the costs
Transportation protections include:
- Transportation to the school the student attended when they were last permanently housed up to 50 miles each way, or to the most recent school they attended, even if the school is in a different school district from where the student is temporarily living;
- Continued transportation to the same school for the rest of the academic year when the student moves into permanent housing, even if the new housing is located outside of the school district;
- In New York State, transportation is also provided for an extra year after the student moves into permanent housing if the extra year is the student's final year in the school building (for example, 12th grade);
- If a student in temporary housing attends school in the same district where they are temporarily housed, then they can get the same transportation as their permanently housed peers. If permanently housed students don't have transportation, and the lack of transportation creates a barrier for a student in temporary housing, then the district has to supply transportation to overcome the barrier;
- Transportation to extracurricular activities if the lack of transportation would be a barrier to the student participating.
The National Center for Homeless Education (NCHE)
Funded by the U.S. Department of Education, the National Center for Homeless Education (NCHE) operates the Department’s technical assistance center for the federal Education for Homeless Children and Youth (EHCY) Program.
New York State students have access to the local diploma, the Regents diploma, and the Regents diploma with advanced designation. To earn a New York State high school diploma, students must meet both the credit requirements and the assessment requirements. Schools and districts may create diploma requirements in addition to those required by the New York State Education Department. Many graduation requirement resources are housed on the New York State Education Department’s website. For highlights, see below.
Graduation Requirements Guidance and Resources:
Summary Chart: New York State Diploma Requirements Applicable to All Students Enrolled in Grades 9-12 - Available in multiple languages, this chart shows credit and exam requirements, as well as additional information about pathways, appeals, special endorsements, LOTE exempt students, Superintendent Determination, and Social Studies credit requirements.
Diploma/Credential Requirements (Narrative Version) - Available in multiple languages, this chart outlines the diploma and credential requirements currently in effect. The chart provides an overview of the requirements and identifies the student populations that have access to each type of diploma and non-diploma high school exiting credential. Websites are provided to offer more detailed information regarding the requirements for each diploma or credential.
Safety Net Options for Students with Disabilities to Graduate with a Local Diploma.
Parent/Guardian Resources are available with the intent to provide school counselors, administrators, and educators tools to engage students and parents in understanding the current New York State diploma requirements. Each resource is available in multiple languages.
- The Tracking Tool helps monitor students’ progress towards meeting credit and assessment requirements.
- The Current Diploma Requirements flyer provides students and families with a basic understanding of current diploma requirements.
- The Additional Options flyer provides additional information about appeals, safety nets, the superintendent determination option, and exiting credentials.
- The Understanding Exemptions due to the COVID-19 Public Health Emergency flyer provides additional information about amendments to diploma requirements due to COVID-19.
Multiple Pathways - Multiple pathways recognize the importance of engaging students in rigorous and relevant academic programs. The pathway options recognize students’ interests in the Arts; Career and Technical Education (CTE); Career Development and Occupational Studies (CDOS); Civics; Humanities; Science, Technology, Engineering and Mathematics (STEM); and World Languages.
High School Equivalency (HSE) - In New York State, there are four pathways to a High School Equivalency diploma.
- One HSE pathway is the Regents-HSE Exam. For more information, see: Regents-High School Equivalency (HSE) Exam Pathway: Frequently Asked Questions
Bill of Rights for Data Privacy and Security (Parents' Bill of Rights)
The purpose of the Parents’ Bill of Rights is to inform parents, including legal guardians or persons in parental relation to a student, but generally not the parents of a student who is age eighteen or over, of the legal requirements regarding privacy, security and use of student data. In addition to the Family Educational Rights and Privacy Act (FERPA), Education Law §2-d provides important protections for student data and remedies for breaches of the responsibility to maintain the security and confidentiality of such data.
Parents' Bill of Rights for New York State's English Language Learners/Multilingual Learners & ELL Parent Hotline
An informed, empowered community of parents, guardians and other persons in parental relation is critical to ensuring that English Language Learners (ELLs) are well served. The New York State Education Department's Office of Bilingual Education and World Languages (OBEWL) has created an English Language Learner Parents' Bill of Rights which summarizes critical rights concerning educational access and programming for ELLs and their parents. These key rights are summarized in an easy to reference one page format and have been translated into nine languages.
New York State ESSA-Funded Programs Complaint Procedures
These procedures offer parents and other stakeholders a process to file complaints and allow for the timely resolution of such complaints. Complaints filed against a local entity such as a school district, charter school, or grantee will be reviewed by the Office of ESSA-Funded Programs at the New York State Education Department. Complaints filed against NYSED will be reviewed by NYSED's legal counsel.
Latino Justice Tips - Green Light Law-Expanded Access to NYS Driver's Licenses and Learner's Permits - Effective on December 16, 2019, New York residents will need a combination of 6 points of proofs to apply. In addition to a brief summary, this English-Spanish PDF provides tips from Immigrant Rights Advocates.
NYS Department of Motor Vehicles - The New York State Department of Motor Vehicles posts alerts. It also provides translated information along with a phone number for language assistance on the phone for Spanish and six other languages.
Green Light New York - This link to Green Light New York website's implementation resources, provides specific application information that the organization developed based on guidance provided by the New York State Department of Motor Vehicles. Use the "Download Here: Green Light Implementation Fact" section to select the language(s) for which you need a PDF copy - English, Spanish, French, Korean, or Mandarin.