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EducationPrimary and Secondary Education All children in the U.S have the right to attend public school, from kindergarten through 12th grade. This includes children who are "undocumented," with no legal immigration status. The only exception is children who are in the U.S. on F-1 visas. These students are allowed into the U.S. just to study. They are supposed to pay tuition if they attend public school. If they can't afford the tuition, they can still attend for free. They may suffer other penalties under the immigration laws (including being deported). To attend a public school a child must:
All children between the ages of 6 and 16 must attend school. Discrimination Children have the right to attend school free from discrimination. No child should be discriminated against because of his:
Special Education If a child has special learning needs or disabilities, the public school must offer services that meet the child's needs. Schools must offer these special services to all qualifying students aged 3-20. They cannot charge the parents for these services. The services must be "appropriate" to the child's needs. With the parents' input, the school must write for each child an Individualized Family Service Plan (IFSP) or Individualized Education Program (IEP). A student must get special services in "the least restrictive environment." This means that the school must offer the most normal setting possible while providing the needed services. Often students can stay in most of their regular classes with their own age group. Special education also includes:
Private schools are not required to offer special education services. However, they may not discriminate against students because of disability. Bilingual Education Non-English speaking students have the right to get a meaningful public school education. This means that public schools must provide bilingual education or an "English as a Second Language" (ESL) program. Schools must offer this to all students who qualify as "limited English proficient" (LEP). A Maine public school must have an ESL program even if it has only one LEP student. ESL programs must include English language skills and content area academic skills. Schools must have a "Lau plan" that fairly:
If your child does not speak English, or speaks limited English, and you feel that the school is not providing adequate LEP services, contact the Maine Department of Education. See Resources below. Higher Education After completing high school non-citizens may have problems getting into a U.S. university or college. Most schools will require a "green card" or "refugee" or "asylee" status. (See "Green Cards" and Other Immigration Documents) In 2004 Congress will decide whether to allow some non-citizens to get financial aid and attend U.S. colleges. If passed, this new law would apply to certain non-citizens who have earned their high school degree or general equivalency degree (GED) in the U.S. It is unclear right now whether Congress will approve the law. If you are thinking about going to college, speak to an immigration lawyer to find out the current laws. People who are outside the U.S. can apply for student visas. Student visas are for people who want to study at a U.S. college, university, vocational school or language training program. First, a foreign student must apply to and be accepted by a higher education institution within the U.S. Then the school will send him a form to apply for one of three types of visas:
Once you are a student is in the U.S., you must follow employment rules. This applies to both student visa holders and children of undocumented workers. If you violate the employment rules, your student visa will automatically terminate. You should talk to an experienced immigration lawyer before accepting any work offer. This includes a job for pay or in exchange for room and board. Resources Maine Department of Education Division of Bilingual Education 23 State House Station Augusta, ME 04333 (207) 624-6787 Maine Human Rights Commission 51 State House Station Augusta, Maine 04333-0051 (207) 624 –6050 Immigration Legal Aid in Maine Immigrant Legal Advocacy Project 309 Cumberland Avenue, Suite 201 Portland, Maine 04101 207-780-1593 or 1-800-497-8505 info@ilapmaine.org Services are free or low-fee depending on income Walk-in consultations with an immigration lawyer are available every Friday. Call for hours. Private Immigration Lawyers: See the "Immigration Law" listing under "Lawyers" in the Yellow Pages of the phone book. |
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