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Education

This page lists commonly asked questions and answers about public benefits available to immigrants. It has been compiled by the RightsforHealth team.

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Resources and Information for Adult Learners

What is the New York State Education Department (NYSED)?

The New York State Education Department (NYSED) is the government agency responsible for overseeing public education in New York State. It manages K-12 schools, higher education, adult education programs, licensing for certain professions, and educational policies.

For adult learners, NYSED offers programs like English for Speakers of Other Languages (ESOL), Adult Basic Education programs, High School Equivalency (HSE/GED), and Career and Technical Education.

What options are available if I want to learn and improve my English?

If you would like to learn and improve English skills, English for Speakers of Other Languages (ESOL) is a program designed to help non-native English speakers enhance their English skills in reading, writing, speaking, and listening. Many ESOL programs are offered through the Board of Cooperative Educational Services, also known as BOCES.

Cost: ESOL is free. Note: you may need a photo ID to enroll.

To find an ESOL program near you, check out this link: Find Adult Education Program. This link will take you to a search tool on the New York State Education Department’s website, where you can locate adult education programs, including ESOL, based on your location. The page provides information such as region, the agency providing the service, address, and contact information including email address and telephone number.

For more adult literacy education options, the NYC Department of Education Office of Adult and Continuing Education (O.A.C.E.) offers over 900 free classes for adults aged 21 and older.

What are Adult Basic Education (ABE) programs?

Adult Basic Education (ABE) programs help improve reading, writing, computer, and math skills. ABE is for individuals who do not a high school diploma or equivalent. These classes are designed to help individuals build these skills and prepares them for High School Equivalency (HSE) classes.

Cost: ABE is free.

You can find Adult Basic Education (ABE) programs in New York State through the New York State Education Department (NYSED) website. Use their search tool to locate programs near you: Find Adult Education Programs.

What is the High School Equivalency (HSE) program?

The High School Equivalency (HSE) program offers individuals the opportunity to earn a diploma equivalent to a high school diploma and can be completed in either of these ways: through the GED, the National External Diploma Program (NEDP), or the 24 College Credits Option.

To learn more about HSE programs and to find one near you, check out this link: Find out More About HSE

HSE: What is GED (General Education Development)?

If you are over the age of 17 and have lived in New York for at least 30 days, you can take the GED exam, which is offered in both Spanish and English. The exam covers Math, Social Studies, Reasoning Through Language Arts, and Science, and there is no cost associated with taking the exam.

Where: Free GED prep courses are available through New York libraries, nonprofit organizations, and the Department of Education, in both Spanish and English.

To apply for the GED, you must fill out Application F, which verifies the maximum compulsory school attendance age (MCSAA). This form is for New York State residents who are foreign-born and have never attended K-12 schools in the United States. The examinee’s parent, guardian, sponsor, or spouse must fill out this form, which must then be notarized. In addition, the examinee must provide a copy of a passport or visa showing the date of arrival in the United States.

Students must reach the maximum compulsory school attendance age (MCSAA) before applying to test. MCSAA is defined in Education Law § 3502(3), and the specific age may vary by school district.

HSE: What is the National External Diploma Program (NEDP)?

The program offers online classes that last 6 to 12 months and are available in English only. It focuses on real world skills rather than academic subjects. To begin, you will need to submit a writing sample and complete an interview along with a written assessment.

HSE: What is the 24 College Credit Option?

You can enroll in a community college and earn a High School Equivalency (HSE) diploma by completing 24 college credits. This option requires paying tuition, and financial aid may or may not be available depending on the college.

HSE: What is the difference between the GED, NEDP, and 24 College Credit Option? Which would be best for me?

GED (General Education Development)

  • Purpose: Earn a high school equivalency diploma by passing a standardized exam
  • Focus: Covers math, social studies, reasoning through language arts, and science.
  • Requirements: Must be over 17 and have lived in New York for at least 30 days. The GED is available in Spanish or English, and there is no cost to take the exam.
  • Learning Format: Exam based with preparation courses available.
  • Time Frame: Can be completed at your own pace after preparation. This preparation could be through Adult Basic Education programs.
  • Ideal for: Those looking for a fast way to earn a diploma through testing.

National External Diploma Program (NEDP)

  • Purpose: Earn a high school equivalency diploma through a skills based assessment rather than a standardized exam like the GED.
  • Focus: Real world practical skills.
  • Requirements: Must submit a writing sample, complete an interview, and pass a written assessment. This online program is offered in English only.
  • Learning Format: Online.
  • Time Frame: Takes 6 to 12 months to complete.
  • Ideal for: Individuals who prefer learning through real world skills.

24 College Credits Option

  • Purpose: Earn a high school equivalency diploma by completing 24 college credits.
  • Focus: College level coursework in a variety of subjects.
  • Requirements: Must enroll in a community college and complete 24 credits. Tuition is required, and financial aid may or may not be available.
  • Learning Format: Traditional college courses.
  • Time Frame: Dependent on how quickly you complete the 24 credits.
  • Ideal for: Those looking to pursue college education while earning a high school equivalency diploma.

What if I completed my studies outside the United States?

Credential recognition is the process of evaluating and validating the educational qualifications you earned outside the United States. This helps determine how your foreign credentials can be used in the U.S. education system or workforce. Some programs, like ECE® Aid, provide free evaluations for vulnerable and displaced populations. You may also need to take an English Standard test or explore alternative pathways for recognition.

To learn more about credential recognition and transferring credits, check out this link: transferring credits and evaluating foreign credentials.

Resources and Information for Children and Youth

What rights do children and youth have when it comes to education in the United States?

  1. Pyler v. Doe (1982): Holds that States may not deny access to a basic public education to any child residing in the State, whether they are present in the US legally or otherwise.
  2. McKinney-Vento Act: schools must enroll homeless children and youths regardless of whether they have the required documents for enrollment (including immunization records and proof of age) or have missed application or enrollment deadlines (see, e.g., section 722(g)(3)(C)). Enrollment includes attending classes and participating fully in any services, programs, and extracurricular activities that the school offers to students. (See section 725(1)).

Local Education Agencies (LEAs) are responsible for providing education services to children in their community. Not all evacuee children will meet the definition of “homeless children and youths” under the McKinney-Vento Act. LEAs should coordinate with the New York State Refugee Coordinator and with local refugee resettlement agencies to better understand the specific circumstances of each evacuee family.

Children and youths who are not in the physical custody of their parents or legal guardians and who do not have a fixed, regular, and adequate night-time residence are considered unaccompanied homeless youths (UHYs) under the McKinney-Vento Act (see section 725(6)).

UHYs have additional rights under the McKinney-Vento Act, including the right to immediate enrollment in school without a guardian’s signature. Section P of the Education for Homeless Children and Youths Program Non-Regulatory Guidance (NRG) provides additional information on addressing the needs of UHYs. UHY need not submit any documentation in order to enroll. Schools will pre-register and then work with the students in temporary housing DOE contact to obtain documentation.

All students applying for public school must be admitted immediately and placed in school within 5 school days.

How can refugee children enroll in school?

Refugee children are often considered Students with Interrupted Formal Education (SIFE). According to the New York State Education Department (NYSED), SIFE students are those who come from a home where a language other than English is spoken and enter a U.S. school after grade two. These students may have had at least two years less schooling than their peers, function at least two years below their expected grade level in reading and mathematics, or be pre-literate in their native language.

Children between the ages of 5 and 21 are entitled to a free public education in New York (N.Y. Educ. Law § 3202). Compulsory education is required for children between the ages of 6 and 16 (N.Y. Educ. Law § 3205), which means students between these ages must attend school. However, local boards of education may require 16 or 17 year old students who are not employed to continue attending school until the last day of the academic year in which they turn 17.

What documents do refugee children need to enroll in school?

To enroll in school, students must provide the following documents:

  • Proof of residency
    •  Children and youth temporarily housed or homeless if they lack fixed, regular nighttime residence might not need to provide (McKinney Vento Act)
  • Proof of age
    •  Certified Birth Certificate (from any country)
    • Baptismal record (from any country)
    • A Passport (from any country)

If you don’t have a Birth Certificate, baptismal record, or passport, you can use other documents if you’ve had them for at least two years, such as:

  • Driver’s license
  • State or governmental ID
  • School photo ID with date of birth
  • Consulate ID card
  • Hospital or health records
  • Military dependent ID card
  • Other documents from federal/state/local agencies (examples: Department of Social Services, Office of Refugee Resettlement)
  •  Court orders
  • Native American tribal document
  • Records from international aid agencies or voluntary agencies
  • Immunization or other health records

Can school districts ask about immigration status?

According to the U.S. Department of Education, school districts cannot ask about a student’s or family’s immigration status, as it is not necessary to establish residency in a school district.

While schools may request proof of residency, such as a utility bill, lease agreement, or affidavit, they cannot require documents that would prevent or discourage an undocumented student or a student with undocumented parents from enrolling. Students cannot be barred from enrolling if they do not have a birth certificate, and providing a Social Security number is voluntary. Homeless children must be enrolled immediately, even if they lack the usual required documents.

What if my child does not have proof of immunization when enrolling in school?

New York State law requires students to have certain immunizations to attend school. When unaccompanied children arrive at a U.S. Customs and Border Patrol facility, they receive an initial medical screening. If they do not have proof of previous vaccinations, the Office of Refugee Resettlement provides them with necessary vaccines.

Children placed with a sponsor after being in an HHS shelter should have documentation of their immunizations. However, some may enroll in school without complete or any records. In these cases, school principals (or designated staff) can allow the student to attend school for up to 30 days while they work on getting the required vaccinations or proof of immunization.

A lack of immunization records does not mean a student can be denied enrollment. Schools must allow students to attend while they obtain the necessary documentation within the required timeframes.

How do schools determine if a student needs English language support, and what services are available for non-English speakers?

The New York State Education Department (NYSED) requires parents to complete a Home Language Questionnaire (HLQ) to determine if a student has Limited English Proficiency (LEP). This form is mandatory and available in multiple languages. Schools must provide translation services for parents if needed.

A student is considered LEP if they:

  1. Speak a language other than English due to their foreign birth or ancestry and
  2. Either speak little or no English or score below the state’s required level on an English language test, such as the Language Assessment Battery-Revised (LAB-R) or the New York State English as a Second Language Achievement Test (NYSESLAT).

For newcomers (students attending a U.S. school for the first time), the process includes:

  1. Completing the HLQ
  2. A short interview in both English and their native language
  3. A formal English assessment (LAB-R)
  4. Placement in a suitable language support program according to Language Allocation Policy (LAP)

What resources are available for migrant children to support their education?

The NYS Migrant Education Program (NYS-MEP) is a federally funded program that helps migrant children and their families with education and support services. It addresses challenges like language barriers, poverty, food insecurity, and health issues, and works with schools and community organizations to provide these resources. Services include free lunch, recruitment for support services, and more.

Source: https://www.nysmigrant.org/services

Relevant legislation: the Elementary and Secondary Education Act of 1965, the Every Student Succeeds Act of 2015, Title 1, Part C– Education of Migratory Children

How can migrant children qualify for free or reduced lunch, and what are the eligibility requirements?

Migrant children can get free school meals without filling out an application if they are identified as eligible by a local school or district for the Title I, Part C, Migrant Education Program. Children enrolled in SNAP or TANF also qualify for free or reduced lunch under “categorical eligibility.” There are similar laws, like the Child Nutrition Improvement and Integrity Act, which also provide direct certification for migrant children. If a child isn’t eligible for the Migrant Education Program, they may still qualify based on family income. Immigration status or social security numbers are not needed to apply.

Source: MLAP

How can I enroll my child in pre-kindergarten?

New York City provides free pre-kindergarten for all children who are 4 years old on or before December 1st. To find programs, visit NYC Pre-K Enrollment, text “prek” to 877877, or call 311.

Across all of New York State, migrant children can also access free pre-kindergarten through the Title 1, Part C– Education of Migratory Children program. More information can be found here.

Are after-school programs available for all children in New York State?

In New York State, all children are entitled to a school’s programs and services as established by law. This includes after-school programs.

Source: https://www.nysed.gov/sites/default/files/programs/bilingual-ed/8-14-23-oc-ltr-re-new-arrivals-a.pdf

Financial Assistance

Can immigrant students apply for financial aid in New York State?

  • U.S. citizens, legal permanent residents, refugees, and asylees can apply for financial help through United We Dream.
  • Undocumented students cannot get federal aid, but they can apply for state aid in New York and for private scholarships.
    • The NYS DREAM Act helps undocumented and other students access state grants and scholarships.
    • The HSF Scholarship is available for students.
    • There are scholarships specifically for undocumented students.

This site does not contain medical or legal advice. The information is provided for general purposes only and is not a substitute for professional advice.