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Amid federal changes, Mass. law safeguards rights of immigrant and disabled students
Amid federal changes, Mass. law safeguards rights of immigrant and disabled students

Boston Globe

time4 days ago

  • Politics
  • Boston Globe

Amid federal changes, Mass. law safeguards rights of immigrant and disabled students

As part of a supplemental budget, Governor Maura Healey signed a bill last week that adds 'immigration or citizenship status' and 'disability' to a state law that prevents discrimination or exclusion of children from public schools. Advertisement In a statement to the Globe, Healey said Massachusetts is committed to ensuring all students have the support they need to succeed in school. 'I was proud to sign this legislation that protects the rights of students with disabilities and immigrant students, and improves access to high-quality interpreters for parents and students who are learning English,' she said. The update comes at a time when the federal government is increasing immigration enforcement and taking steps to dismantle the Department of Education, including significantly reducing the workforce in the department's Filed as companion bills at the beginning of the legislative session by state Senators Pavel Payano and Sal DiDomenico and state Representatives Alice Peisch and Frank Moran, the language was ultimately folded into the governor's supplemental budget. Advertisement 'This law ends up safeguarding Massachusetts students from political shifts that we've seen at the federal level, and it affirms our Commonwealth's commitment to equity, to inclusion, and making sure that everyone has access to a good education,' Payano said. As a former Lawrence School Committee member, Payano said he has seen firsthand the importance of proper translation when working with parents who don't speak English and said when no one is able to communicate with parents in their language, children are left behind. Even as a fluent Spanish speaker, he worried he wouldn't know proper terminology used in schools and in special education. Related : Payano and his office worked closely with Massachusetts Advocates for Children, a nonprofit organization that provided policy recommendations and advocated for the bill. One of the organization's education advocates, Emily Romero Gonzalez, pushed for the bill to ensure future generations of immigrant children have the same opportunities she did. Romero Gonzalez, who moved to the US from Peru at age 3, said having access to a public education was 'instrumental' in the upward trajectory of her life and that of her family's. 'My entire family story would be so different if that right didn't exist,' said Romero Gonzalez, who attended Harvard University following high school. 'The impetus behind the bill was really the election of Donald Trump,' said Diana Santiago, legal director at Massachusetts Advocates for Children. 'It became increasingly evident that he planned to make drastic changes at the federal level in the area of education.' Advertisement Santiago also was concerned about potential challenges to the Supreme Court 1982 decision, 'The protections under Plyler are not codified in federal statute,' Santiago said. 'If that decision is overturned, or, as we became increasingly concerned over the past few months, the President were to issue an executive order essentially overturning Plyler, we were concerned about the impact in Massachusetts.' Santiago's organization operates a helpline meant to support families who need guidance in navigating the public school system, particularly in getting access to resources and services. She said callers are often parents of children who are learning English and also have a disability. She said she has observed families having to choose between English language education services or special education services, because districts have told them they can't offer both due to scheduling conflicts. This led Santiago to advocate for a provision stating districts should not encourage parents to decline English language services. 'There are logistical constraints or scheduling constraints in meeting the needs of students,' Santiago said. 'It's really a matter of convenience for schools, but it can result in students not receiving their English language education services, which they're legally entitled to.' Related : The bill also establishes standards for interpreters and translators working with parents or legal guardians who have limited English proficiency. Such standards include bilingualism, knowledge of specialized terms in both languages, ethics of interpreting and translating, and confidentiality. The Massachusetts Department of Elementary and Secondary Education will draft regulations regarding the new standards for translation, Payano said. 'It's a big relief, especially during these really dark times in our country, to have some kind of hope,' Santiago said. 'And there's still a lot more work to do, implementing the bill and just overall to create a state where all families feel welcome and students have equal opportunity to access an education.' Advertisement Marcela Rodrigues can be reached at

Can ICE enter a school? What the law says and how to prepare
Can ICE enter a school? What the law says and how to prepare

Miami Herald

time08-08-2025

  • Politics
  • Miami Herald

Can ICE enter a school? What the law says and how to prepare

With constantly changing immigration laws, rumors and fear, we've created this guide to clarify some of the most commonly asked questions about immigration and schools. A judicial warrant signed by a judge, or consent from the appropriate authority. Miami-Dade County Public Schools policy states that no child will be allowed to speak to a law enforcement agency without parental consent or a warrant. Yes, but only with a judicial warrant signed by a judge. Yes. All students in Kindergarten through 12th grade are guaranteed access to a public education, regardless of immigration status. This right is based on the 1982 Supreme Court ruling in Plyler v. Doe, which narrowly held that states cannot constitutionally deny undocumented children a free public education. Update emergency contact at school and guardianship paperwork. Ensure emergency contact cards are up to date with trusted family members or friends who can pick up and care for their children if they are detained. Complete a guardianship form, which legally establishes a temporary guardian for the child. The information on this form should match the emergency contact information at school. This form must be notarized but does not need to be prepared by a lawyer. Renata Bozzetto, deputy director of the Florida Immigrant Coalition, recommends consulting with an attorney when completing the form. Her organization offers free legal consultations every Wednesday from 3–5 p.m., both in person and via Zoom. For more information, visit the Florida Immigrant Coalition. One of the most common ways immigrants are arrested is for driving without a license. Bozetto and other advocates suggest that school Parent Teacher Association and other parent groups create ride-sharing and carpool programs to ensure students who are at risk of detention can arrive and exit school safely, as well as get to and from after school activities such as sports or aftercare. Here is a list of free legal service providers in Florida, courtesy of the U.S. Department of Justice Executive Office for Immigration Review. This was updated July 2025. You can use the National Immigration Legal Services Directory to search for immigration legal services providers by state, county or detention facility. American Immigration Lawyers Association has a tool for searching for a lawyer. You can filter by location and also by language. You can also call them at 1-800-954-0254 for a referral. All student records are protected by the Family Educational Rights and Privacy Act, which protects student information. Law enforcement needs a subpoena or warrant to access student records, and even so, schools would not have any information regarding the immigration status of students. No. It is illegal for schools to keep any record of a student's immigration status. Experts advise that you exercise your right to stay silent, ask for a lawyer and request to see a warrant before opening the door to your home. The Florida Rapid Response Alliance for Immigrant Safety and Empowerment created a list of recommendations for immigrants who have encounters with immigration officers.

Mass. needs to codify education rights for immigrant students
Mass. needs to codify education rights for immigrant students

Boston Globe

time04-06-2025

  • General
  • Boston Globe

Mass. needs to codify education rights for immigrant students

Their courage would lead to the landmark 1982 Supreme Court Advertisement I learned the details of this inspiring story while researching my book 'Making Americans: Stories of Historic Struggles, New Ideas, and Inspiration in Immigrant Education. ' But now some states are challenging some of my students' right to an education. In the past several months, Advertisement The court made the right decision in 1982. And it is the right decision now. It is right because the Constitution is clear: The 14th Amendment guarantees that 'no person' within the country's jurisdiction can be denied 'equal protection of the laws.' The promise extends to all persons, without qualification. As Federal District Judge William Justice, who first heard the case in 1977, wrote, denying undocumented students access to education would create a permanent underclass. Supreme Court Justice William J. Brennan Jr., who authored the court's 1982 decision, wrote that denying undocumented students access to education would impose a 'lifetime hardship' that would be harmful to children and to the 'progress of our nation.' Public school teachers know that immigrant students — regardless of their documentation status — bring extraordinary strengths to our classrooms that benefit all students and their communities. I hope that the Supreme Court will hold firm on the crucial role of education, even as we see once-sacrosanct rights stripped away. In 2020, the Massachusetts Legislature had the foresight to Similarly, the Legislature should take proactive steps to protect the right to education for all children in the Commonwealth. Advertisement The State House is currently considering a bill that would codify Plyler at the state level as well as current federal provisions and guidance that protect immigrating students with disabilities and ensure immigrant families have access to qualified interpreters when interacting with schools. Nearly 400 years ago, just three blocks from the state Capitol, Massachusetts opened our country's first public school. We know the vital role education plays for children, for communities, and for the future of the country. The Legislature should affirm that education is vital for the success of Massachusetts and secure the promise of education for every child in our Commonwealth.

Tennessee pauses bill targeting right to education regardless of immigration status
Tennessee pauses bill targeting right to education regardless of immigration status

NBC News

time22-04-2025

  • Politics
  • NBC News

Tennessee pauses bill targeting right to education regardless of immigration status

NASHVILLE, Tenn. — Republican lawmakers in Tennessee have paused a bill meant to challenge the constitutional right for children to attend public schools regardless of their immigration status. Instead, with time waning in the legislative session, they are asking U.S. officials for guidance on whether the bill would jeopardize federal education funding. The direction announced Monday by House Majority Leader William Lamberth, the bill sponsor, diminishes the chances for the bill to pass this year as lawmakers prepare for a likely adjournment this week. The Tennessee Journal first reported on Lamberth's decision. Hundreds of children have packed the Tennessee Capitol this year to oppose the bill that takes aim at the protection established by the landmark 1982 U.S. Supreme Court decision in Plyler v. Doe. That decades-old decision struck down a Texas law that sought to deny enrollment to any student not 'legally admitted' into the country. The Republican-controlled Tennessee Senate has already passed a version of the bill, which would require proof of legal residence to enroll in public K-12 public schools and would give school districts the option — but not the requirement — of turning away students who fail to provide proper documentation or to charge them tuition. The House version, which remains idle in a subcommittee, differs by letting public schools check immigration status, rather than requiring it. Lamberth noted that Tennessee receives approximately $1.1 billion in federal education money annually. 'We fully trust the Trump Administration will not withhold federal dollars from our schools due to the passage of House Bill 793/Senate Bill 836,' Lamberth said. 'However, out of an abundance of caution, we want to be exceptionally careful before we move forward to ensure no federal taxpayer dollars are at risk.' A growing number of conservative leaders are pushing states to overturn Plyler v. Doe — including the conservative think tank The Heritage Foundation. Tennessee's Republican lawmakers were among the most aggressive in pursuing the idea that directly contradicts Supreme Court precedent. Proponents of the bill have largely downplayed denying children the right to education, but instead have focused on the fiscal impact states are facing in educating children residing in the U.S. illegally. However, it's unclear whether the bill would result in any savings. In opposition, student have broken down in tears in front of legislative committees, distraught over their classmates being removed from their school and worries over who might be next. Some advocates applauded Monday's news but cautioned the bill isn't dead until lawmakers gavel out for the year. 'What's undeniable is this: lawmakers have been forced to acknowledge the overwhelming, bipartisan opposition from across the state to targeting children and denying them an education,' said Lisa Sherman Luna, executive director of the Tennessee Immigrant & Refugee Rights Coalition. Lawmakers and other conservative supporters repeatedly point to the 5-4 vote that determined Plyler in 1982, arguing that the narrow margin means there's a better chance the precedent could be overturned by the current Supreme Court. Notably, the court has overturned the right to abortion.

Tennessee pauses bill targeting right to education regardless of immigration status
Tennessee pauses bill targeting right to education regardless of immigration status

Yahoo

time21-04-2025

  • Politics
  • Yahoo

Tennessee pauses bill targeting right to education regardless of immigration status

NASHVILLE, Tenn. (AP) — Republican lawmakers in Tennessee have paused a bill meant to challenge the constitutional right for children to attend public schools regardless of their immigration status. Instead, with time waning in the legislative session, they are asking U.S. officials for guidance on whether the bill would jeopardize federal education funding. The direction announced Monday by House Majority Leader William Lamberth, the bill sponsor, diminishes the chances for the bill to pass this year as lawmakers prepare for a likely adjournment this week. The Tennessee Journal first reported on Lamberth's decision. Hundreds of children have packed the Tennessee Capitol this year to oppose the bill that takes aim at the protection established by the landmark 1982 U.S. Supreme Court decision in Plyler v. Doe. That decades-old decision struck down a Texas law that sought to deny enrollment to any student not 'legally admitted' into the country. The Republican-controlled Tennessee Senate has already passed a version of the bill, which would require proof of legal residence to enroll in public K-12 public schools and allows schools to either turn away students who fail to provide proper documentation or charge them tuition. The House version, which remains idle in a subcommittee, differs by letting public schools check immigration status, rather than requiring it. Lamberth noted that Tennessee receives approximately $1.1 billion in federal education money annually. 'We fully trust the Trump Administration will not withhold federal dollars from our schools due to the passage of House Bill 793/Senate Bill 836,' Lamberth said. 'However, out of an abundance of caution, we want to be exceptionally careful before we move forward to ensure no federal taxpayer dollars are at risk.' A growing number of conservative leaders are pushing states to overturn Plyler v. Doe — including the conservative think tank The Heritage Foundation. Tennessee's Republican lawmakers were among the most aggressive in pursuing the idea that directly contradicts Supreme Court precedent. Proponents of the bill have largely downplayed denying children the right to education, but instead have focused on the fiscal impact states are facing in educating children residing in the U.S. illegally. However, it's unclear whether the bill would result in any savings. In opposition, student have broken down in tears in front of legislative committees, distraught over their classmates being removed from their school and worries over who might be next. Lawmakers and other conservative supporters repeatedly point to the 5-4 vote that determined Plyler in 1982, arguing that the narrow margin means there's a better chance the precedent could be overturned by the current Supreme Court. Notably, the court has overturned the right to abortion.

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