Limited-English Speaking Families

Schools cannot deny enrollment based on a student or parent’s immigration status or English language abilities. A denial based on immigration status or English language abilities is discrimination.

Every child has a right to access basic public education, regardless of their status in the US or if they speak English. As long as a child meets all five of the eligibility requirements under the law, the child must be allowed to enroll in a North Carolina public school district. Importantly, none of these eligibility requirements address English language proficiency or immigration status.

The five eligibility requirements are:

1. The child is between the ages of 5 and 21.
2. They have not yet been awarded a high school diploma.
3. Their living situation qualifies them for enrollment in that particular district (there are multiple ways to satisfy this requirement depending on the child’s family and living situation).
4. They have not been convicted of a felony in adult criminal court.
5. They are not currently serving a long-term suspension (LTS) or expulsion.

These five requirements are explained in greater detail here under “Are you trying to enroll your student in school?”

Schools cannot require you to provide documentation of you or your child’s immigration status for enrollment. Your child’s school might request documentation that is associated with US status (birth certificate or social security number) in order to prove eligibility. However, the school cannot require these documents. If you do not have these documents, the school has to give you another option to prove your child’s eligibility to enroll. This chart has suggestions on how to respond to the school when asked for these particular documents.

Document	Context	Alternative
Birth Certificate	A school can request a birth certificate as proof of age or parentage but cannot require it if the parent can provide alternative forms of proof.	To prove your child’s age, you can provide previous school records, medical records or an affidavit from the parent.   To prove parentage, you can provide a DNA test, an Affidavit of Parentage, court documents regarding child support, and others.
Documentation of Child’s Immigration Status	A school cannot request information about your child’s immigration status. US status is not an enrollment requirement, so you never need to provide a school with documentation about your child’s immigration status
Documentation of Parent’s Immigration Status	A school district cannot require documentation of a parent’s immigration status to enroll or prove their domicile.
Social Security Number	A school district can ask for a child’s social security number to use for student identification, but it cannot require a social security number for enrollment.	Tell your school district that you choose not to disclose this information. The school district must inform parents that they do not have to provide the social security number for enrollment.

If you are having trouble with enrollment or documentation:

1. Troubleshoot with the school & District office. If you are having difficulties with enrollment, access the following resources:
   • Go to the assigned school or district office and see if a staff member can assist you. If you go to the district office, you can ask to talk with someone from the Assignment Office, or to the Director of Student Assignment.
   • Call the district office and ask to speak to the Director of Student Assignment or send the Director an email with your concerns or questions.
2. Try to solve the problem. Ask what other forms of proof they will accept, and offer them any alternate forms of proof you have.
3. Request documentation of the denial. Request from the school and/or district Office of Student Assignment: (1) a written reason for the enrollment denial, and (2) information about your appeal rights. Here is a template email you can use to request this information. 
4. Follow appeal timelines. If your district has appeal deadlines to challenge enrollment denials, ensure you submit an appeal request before the deadline.
5. Get help. Call the LANC helpline if you are unable to resolve the issue and your student is being denied enrollment.

If your child is still learning English, you might hear terms like “Multi-lingual Learner” (“MLL”), “English Language Learner” (“ELL”), “English Learner” (“EL”), “Limited English Proficiency” (“LEP”), and English as a Second Language (“ESL”) used to describe your student or the programs they have available to them to learn English. We will use “EL” but your school might call it something different.

According to state and federal law, EL students are entitled to equal access to services in NC public schools. EL students are entitled to the same curriculum and programs provided to their English-speaking peers in all public schools. EL students can participate in all programs, including pre-kindergarten, magnet, gifted and talented, career and technical education, arts, and athletics programs; Advanced Placement (AP) and International Baccalaureate (IB) courses; clubs; and honor societies.

EL students should be provided with special language assistance. To learn more about these programs, see our guidance below under “What are my child’s rights to receive language services at school if English is not their first language? What should these programs look like?”. EL students should not be separated from their peers for significant periods of time in both academic and nonacademic subjects, such as recess, physical education, art and music. While they may be separated from other students for short periods of time for their EL programs, they should not be kept in an alternative language program longer than necessary.

Students with English language learning needs may also need supports to access the school environment through a 504 Plan or an Individualized Education Program (IEP). When being evaluated for these services, students have the right to receive free evaluations in their native language, interpretation and translation services, and the right to challenge placement or denial of services. Learn more about special education services here.

Schools must respond appropriately to discrimination and bullying of EL students if they are being bullied because of a characteristic related to their “national origin,” such as the language they speak or because of the way they speak English. To learn more about these rights, see our guidance in a following question about bullying and discrimination.

For more information about school districts’ obligations to English learner students and limited English proficient parents, additional guidance is available through the Office of Civil Rights.

If you believe your student is not being treated fairly and not receiving equal access to school programs and services because of their English skills, you can try the following:

1. Learn more. Look in your school’s Student Handbook or on the website for more information about the programs and services available to all students. You can also look for information about which office or department works with EL students. If you can’t find a copy of the handbook in your language, request a copy by email or visiting the school.
2. Find your Board Policies. Each school district has a set of Board Policies, which are rules that schools and the district have to follow when working with students and families. Look for any Board Policies in your district that have to do with supporting EL students, or any other concern you have. Check out this spreadsheet to find your local policies. 
3. Reach out for support. Email the office in charge of supporting EL students to get answers to any questions you have. This office might have different names, such as “English Learner Services,” “Multilingual Resource Center,” “English as a Second Language Department,” or “ESL Program.” There also might be an “equity office” or “diversity and inclusion” office. If you’re not sure who to contact, ask your child’s teacher or principal. Explain what you are concerned about and ask for a meeting to address your questions. If you will need interpretation at the meeting, let them know.
4. Build your team. Look for any parent groups, support groups, or Facebook groups in your area where you can meet other parents and share information. You can also check out our Parent Advocacy & Support Guide to look for local organizations to connect with.
5. If needed, file a complaint. Every school district must have a written policy that explains how to report discrimination and what steps schools will take to investigate and address discrimination. Check out this spreadsheet to find your local policies. If you have tried to resolve your concerns by talking with school officials and the problem continues, you can file a formal complaint using the process in your school’s policies.
6. Get help. Call the LANC helpline if you try resolving the issue with the school and your student continues to be denied equal access to school programs or services because of their language skills.

English Language Learner (“ELL”) programs or English as a Second Language (“ESL”) programs ensure EL students achieve English proficiency and meaningful participation in the standard educational program, comparable to their non-EL peers. English learner parents should know that there are language assistance services available for their English learner students to help them become proficient in English. English learner parents are also entitled to information and guidance regarding the range of EL services available to their child and the benefits of such services in a language that they can understand.

These programs must be based on sound educational theory, supported by adequate and effective staff and resources, and subject to periodic evaluation and necessary revisions. School districts have the responsibility to monitor the educational performance of both current and former EL students accurately over time, using reliable data, and to make timely changes to ELL programs when needed. While schools have flexibility in determining what criteria students must meet before they are taken out of ELL programs, these criteria should be based on objective standards, such as standardized test scores, and cannot only be based on oral (speaking) language skills. Students should not be removed from the ELL program unless they can read, write, and comprehend English well enough to participate meaningfully in school.

In general, if English is not your child’s first language, you should expect:

• Testing or evaluation to see if they would benefit from ELL programs
• Any testing or evaluation for special education services to be conducted in their native language
• Periodic evaluation of their English skills, usually yearly, to decide if they still need to be in an ELL program
• Clear criteria shared with you to explain how the school will decide if your student no longer needs ELL services

Learn more about the process for enrolling students in ELL programs here: https://www.dpi.nc.gov/documents/publications/catalog/el102-parentcaregiver-guide-english-language-development/open

1. Learn more. Look in your school’s Student Handbook or on the website for more information about English Language Learner programs and services. You can also look for information about which office or department works with EL students. If you can’t find a copy of the handbook in your language, email or visit the school and ask for a copy.
2. Find your Board Policies. Each school district has a set of Board Policies, which are rules that schools and the district have to follow when working with students and families. Look for any Board Policies in your district that have to do with supporting EL students, or any other concern you have. Check out this spreadsheet to find your local policies. 
3. Communicate with your child’s school. If you believe your child needs English Language Learner services, reach out to their teacher and principal, preferably in writing, and let them know why your child needs support.
4. Reach out for support. Email the office in charge of supporting EL students to get answers to any questions you have. This office might have different names, such as “English Learner Services,” “Multilingual Resource Center,” “English as a Second Language Department,” or “ESL Program.” If you’re not sure who to contact, ask your child’s teacher or principal. Explain what you are concerned about and ask for a meeting to address your questions. If you will need interpretation at the meeting, let them know.
5. Build your team. Look for any parent groups, support groups, or Facebook groups in your area where you can meet other parents and share information. You can also check out our Parent Advocacy & Support Guide to look for local organizations to connect with.
6. If needed, file a complaint. If you believe your child should be getting English Language Learner services, and you have tried contacting school district officials without success, write to your child’s principal and let them know you would like to file a complaint. Ask them for the procedure for filing a formal complaint and also check out our guide to filing complaints and grievances.
7. Get help. Call the LANC helpline if you have tried these strategies to get your child English Language Learner services and the school is still refusing to do so.

Any information about programs, services, or activities that are being communicated to English parents and students should be communicated to parents and students who have limited English proficiency (this includes developmental programs, special education assistance, disability support, tutoring programs, gifted student programming, athletic programming, and more). Districts should facilitate parents’ engagement in their student’s education, regardless of language barriers.

School districts must prioritize effective communication with parents through qualified interpreters and translators. These language professionals should have knowledge in both languages, particularly in specialized terms or concepts relevant to topics they will be asked to support with. For example, an interpreter in a special education meeting should know the terms for different disabilities.

Parents should receive communication from school staff, whether in writing or during meetings, in a language that they can understand. Schools may not ask students, siblings, friends, or untrained school staff to translate or interpret for parents. Parents should always reach out to their local school system to make sure they are getting the language support they need and to see what materials are available from the school. You can also learn more at this link: Information for Limited English Proficient (LEP) Parents and Guardians and for Schools and School Districts that Communicate with Them

Schools must have a process to find out if parents and guardians need language support. Information about school programs, services, and activities should be communicated to limited English proficient parents in a language they understand, and schools must remember that parents can be limited English proficient even if their child is proficient in English. Schools must respond promptly to parents’ requests for language assistance. However, generally school districts have a policy stating that the school system will provide translations of school system information and policies only as funds permit and as is practicable. It is unlikely that every school system will find it feasible or practice to translate all materials. Therefore, it is important for parents to reach out and see what resources their local school system provides.

1. Advocate in meetings. If your child is being asked to interpret or translate documents for you, remind your school staff that they are required to provide appropriate interpretation and translation from a trained professional. If you are concerned that the interpreter in a meeting is not accurately interpreting or is behaving inappropriately, you can ask to reschedule the meeting. Email your concerns to your child’s school and district staff and ask for a new interpreter at the next meeting.
2. Learn more. Look in your school’s Student Handbook or on the website for more information about English Language Learner programs and services. You can also look for information about which office or department works with EL students. If you can’t find a copy of the handbook in your language, email or visit the school and ask for a copy.
3. Find your Board Policies. Each school district has a set of Board Policies, which are rules that schools and the district have to follow when working with students and families. Look for any Board Policies in your district that have to do with supporting EL students, or any other concern you have. Check out this spreadsheet to find your local policies. 
4. Communicate with your child’s school. If you are not getting translated materials or interpretation services for school meetings, reach out to your child’s teacher and principal, preferably in writing, and explain what support you need and what language you need it in. Point out any Board Policy that supports the fact that you should be getting that information.
5. Reach out for support. Email the district office in charge of supporting EL students to ask for translated materials or support from an interpreter. This office might have different names, such as “English Learner Services,” “Multilingual Resource Center,” “English as a Second Language Department,” or “ESL Program.” If you’re not sure who to contact, ask your child’s teacher or principal or reach out to any district-level office that seems like a good fit. Explain what you are concerned about and ask for a meeting to address your questions. If you will need interpretation at the meeting, let them know.
6. Build your team. Look for any parent groups, support groups, or Facebook groups in your area where you can meet other parents and share information. You can also check out our Parent Advocacy & Support Guide to look for local organizations to connect with.
7. Get help. Call the LANC helpline if you are being denied access to interpretation during school meetings or if you are not receiving translated materials and you have tried to address the issues with the school.

Under Federal civil rights laws, schools have a duty to provide a “nondiscriminatory educational environment” and must take steps to address discriminatory harassment when they become aware it is happening. A school or district may be in violation of federal civil rights protections if all of the following are true: 

1. A student is being bullied or harassed based on the basis of their race, color, national origin, disability, or religion; 

2. The bullying or harassment is so severe that it has created a “hostile environment” for the student;  

3. The school knows or reasonably should know about the discriminatory harassment; and 

4. The school has “encouraged, tolerated, not adequately addressed, or ignored” the discriminatory harassment. 

Whether harassment has created a “hostile environment” is reviewed on a case-by-case basis. In general, “a hostile environment” has been created if the harassing conduct is severe or persistent enough to meaningfully impact a student’s ability to participate in or benefit from their classes or other activities within the school environment.

If you believe your child has been discriminated against on the basis of race, color, national origin, disability, or religion, you have tools you can use to engage in school-based advocacy and also tools through the federal government’s Office of Civil Rights (OCR). Read both sections below to understand these options. NOTE: OCR typically will not fully investigate complaints that have already gone through a school-based complaint or grievance process. So, if you have serious concerns about being able to get a fair decision from your school or district and want the option for OCR to investigate your claims, you may want to consider filing a complaint with OCR instead of a school-based complaint grievance. You can still engage in informal advocacy options with your school, like asking for a meeting to resolve your concerns. 

1. Better understand what happened. Speak to your student about what happened so that you fully understand their side of the story. If there is video footage of any of the bullying or harassment incidents, ask to view that video footage. You are allowed to view the video footage even if other students appear in it, though the school may ask you to come to the school to review the footage. Here is an example email you can use to request this information.  

2. Discuss with your student what steps they believe will help them feel safe: Addressing bullying and harassment should not just be about punishing the student who is engaging in actions of bullying. Instead, focus your advocacy for your student on asking the school to take steps to (a) prevent the bullying moving forward; (b) repair any harm that has been caused to your student; and (c) put in place supports to help your student feel safe and supported moving forward. Some examples of interventions or supports you can request include, but aren’t limited to:  
   • Mediation: In some cases, mediation or other restorative practice may be an appropriate way to address conflicts between students. However, it is not appropriate to force a student who has been subjected to discriminatory harassment to participate in a mediated session if doing so would be harmful or feel triggering to them. 
   • Class changes: In general, the student facing the bullying or harassment shouldn’t be the one required to move classes. You can request that the student engaging in bullying be moved. Or, if your student wants to change classes, you can ask that your student be moved.  
   • School changes: In some cases involving severe bullying or harassment, a student may benefit from the opportunity to attend a new school. This should only be proposed if it is what your student wants.  
   • Enhanced school-based supports: You can and should ask for any additional supports within the school environment that would make your student feel safe and supported. This could include meeting with a school counselor or other trusted adult on a regular basis; increased adult supervision in places and at times when the bullying typically happens; escorts to class; etc.  
     • For more ideas, consult theses resources as you develop a plan to ask for interventions and remedies to keep your student safe at school: 
       • For ideas on how to ask the school to respond to incidents of harassment, read through Responding to Hate and Bias at School, created by the Southern Poverty Law Center 
       • If the discrimination has to do with race, consider consulting with the Center for Racial Equity in Education (CREED), who conducts ‘Equity Audits’ and professional development  

3. Locate your school district’s discrimination policy: Every school district must have a written policy that explains how to report discrimination and what steps schools will take to investigate and address the discrimination/harassment. Check out this spreadsheet to find your local policy. 

4. Submit a written report or complaint: Schools are only responsible for addressing bullying or harassment that they know, or should know, is occurring. If you have not already done so, put your bullying or harassment concerns in writing and submit them to your school’s principal to make sure that know about the bullying. This is called a “bullying report” or Complaint.  
   • You should report your concerns as soon as possible or when an incident happens, and the report should include: the specific incidents that occurred or concerns you have, the students involved, and what you are hoping to happen. Check your school and/or district website to see if they have an online form you can use to report the bullying or harassment. Here is a sample email you can use to report bullying or harassment.  
   • At this point, you can also ask for a school meeting to discuss the issue and to come up with solutions that will keep your student safe. You can ask for specific people from the school or district to attend the meeting who might be well-positioned to suggest remedies for your student, such as school social worker or psychologist, district level Student Services staff, etc. 
   • If possible, send these reports by email so that you have a record of your reports and the school’s responses to refer to later. You can ask for a written plan to address the bullying, and written notes from the school meeting to address the bullying.  

5. Build your team. If you are interested in connecting with community supports to navigate issues of discrimination, you can consider connecting with the following opportunities: 
   • Your local NAACP office. The mission of the National Association for the Advancement of Colored People (NAACP) is to ensure the political, educational, social and economic equality of rights of all persons and to eliminate racial hatred and discrimination. You can contact the nation-wide office or your local office to see how they may be able to support your situation creatively. To connect with the North Carolina NAACP office, please email info@naacpnc.org. 
   • An organization in your area that works to advance racial equity in schools: Map & Search Tool of Orgs involved in Movement towards Racial equity in schools 
   • Connect with the Freedom Hill Coalition working towards racial equity in NC schools 
   • Other trained advocates who can support you free of charge: Check out our Parent Advocacy and Support Resource Guide to identify local advocates who may be able to help you.  

6. Connect to existing teams and procedures for individual supports for your student. If your student already has, or may need, a formal school-based plan (IEP, 504 Plan, or MTSS Tier Plan), contact that team to share your concerns and ask for extra support for your student.  
   • Students with IEPs or 504 Plans: Request that your student’s IEP or 504 Team meet to discuss how the bullying has affected your student and to put in place extra supports within your student’s IEP or 504 Plan. Here is a sample email that you can use to request an IEP meeting. Here is a sample email you can use to request a meeting about your student’s 504 Plan. Before your meeting, review the section below entitled: “Is the bullying impacting the student’s ability to learn or access the services and accommodations in their IEP or 504 Plan?” 
   • Students with disabilities who don’t have but may need extra supports through an IEP or 504 Plan: If your student is struggling with disability-related symptoms in school, consider writing to the principal to ask for your student to be evaluated to determine whether they may be eligible for special education services.  
   • All students: Every district in NC is required to implement Multi-Tiered Systems of Support (learn more about MTSS in this video), which includes individualized supports for struggling students. If individualized supports are needed to support your student moving forward, consider requesting that those supports be outlined in an MTSS Tier Plan. 

7. Identify ways to improve the overall climate at your student’s school. One of the most sustainable ways to prevent bullying and promote well-being for your student and all other students is to advocate for changes that will improve the school climate as a whole. Check out tips and resource below in the section entitled: “What are some other strategies to create a healthier/safer school environment for your student when bullying or discrimination happens?” 

8. Learn more. Review materials available at the Office of Civil Rights’ website related to Harassment and Bullying.   

9. Review the sections below for more individualized information and tips if any of the following situations apply:  
   • the bullying or harassment involves sexual or gender-based harassment;  
   • the bullying or harassment is preventing your student with a disability from being able to make progress in school; and/or 
   • the school does not take action to investigate or properly address the bullying or harassment after you have reported it.  

10. Get help. Call the LANC helpline if even after you have reported the bullying and have taken steps to require the school or district to follow their policies, the school has failed to conduct an investigation and/or to stop the bullying and address the harm caused.  

OCR will investigate complaints when a student has faced discrimination based on race, color, national origin, sex, disability, or religion. More information about that complaint process can be found here: How to File a Discrimination Complaint with the Office for Civil Rights (ed.gov). OCR also gives a helpful overview of the types of complaints it will review and how people can file those complaints in this short video: How to File an OCR Complaint. The easiest way to file an OCR complaint is by utilizing the online complaint form. You do not need an attorney to file an OCR complaint. Keep in mind the following information if you decide to file an OCR complaint:  

• NOTE: OCR typically will not fully investigate complaints that have already gone through a school-based complaint or grievance process. So, if you have serious concerns about being able to get a fair decision from your school or district and want the option for OCR to investigate your claims, you may want to consider filing a complaint with OCR instead of a school-based complaint or grievance. 
• OCR will usually only review claims of violations that occurred within 180 days of the date you submit your complaint. If your claims are safely within the 180 days, it is suggested that you file as soon as possible due to the volume of complaints OCR receives and the time investigators may take to review your claims.  
• The key to writing an effective OCR Complaint is to state the specific law you claim the school violated and include a description of what happened at school that violated that particular law. You can find a list of the laws that are relevant to education OCR complaints here. Each law also includes regulations, which can be the basis of an OCR complaint. You can find more information about each law and its regulations below: 
  • Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color or national origin; 
  • Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex; 
  • Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability; 
  • Age Discrimination Act of 1975, which prohibits discrimination on the basis of age; 
  • Title II of the Americans with Disabilities Act of 1990, which prohibits discrimination on the basis of disability; 
  • Boy Scouts of America Equal Access Act, which prohibits denial of access to or other discrimination against the Boy Scouts or other Title 36 U.S.C. youth groups in public elementary schools, public secondary schools, local education agencies, and state education agencies that have a designated open forum or limited public forum. 
• OCR requires that a complaint include all of the following information: the date when the school violated the law; the names of school employees whose actions or decisions violated the law; the harm your student suffered as a result of that legal violation. You may also request remedies to repair the harm your student has suffered as a result of the legal violation.  
• Once the complaint is received, an investigator will contact you to discuss your complaint and will let you know whether your complaint falls within their jurisdiction. If OCR opens an investigation into your claims, they would then contact the school to request documentation and would proceed independently with an investigation.  
• In reviewing the complaint OCR will ask the following questions, and so you should be sure to raise facts related to these questions in your complaint should you decide to file one:  

1. Was the student is subjected to bullying on the basis of race, color, national origin, sex or disability?  

2. Was the bullying sufficiently serious to create a hostile environment?  

3. Did school know or should it have known about the bullying?  

4. Did the school fail to take prompt and effective steps reasonably calculated to eliminate the bullying and hostile environment, prevent the bullying from recurring, and, as appropriate, remedy its effects?  

For youth with IEPs or 504 Plans: Consider also requesting an IEP or 504 Team meeting to implement extra supports to address bullying harms (see below question, “Is the bullying impacting the student’s ability to learn or access the services and accommodations in their IEP or 504 Plan?”) 

Call the LANC helpline if you need support in filing a complaint to address bullying based on a protected class and/or if IEP or 504 Teams fail to address reported patterns of bullying.

To prevent the inappropriate classification of EL students as students with disabilities solely due to their limited English proficiency, students must be evaluated for special education services in a language that aligns with their individual needs and language skills. Furthermore, school systems should not assign students to special education programs based only on criteria that measure and evaluate English language skills.

English Language Learner students who do have special education needs receive all the same legal protections and entitlements afforded by the Individuals with Disabilities Education Act (IDEA). This ensures that they are granted the appropriate accommodations, services, and support to address their unique learning challenges.

See NC 1503-205(c)(1) (Evaluation Procedures); NC 1500-2.26 (Native Language).

1. Learn more. Look in your school’s Student Handbook or on the website for more information about English Language Learner programs and services. You can also look for information about which office or department works with EL students. If you can’t find a copy of the handbook in your language, email or visit the school and ask for a copy.
2. Find your Board Policies. Each school district has a set of Board Policies, which are rules that schools and the district have to follow when working with students and families. Look for any Board Policies in your district that have to do with supporting EL students, or any other concern you have. Check out this spreadsheet to find your local policies. 
3. Communicate with your child’s school. If you believe your child needs English Language Learner services, reach out to their teacher and principal, preferably in writing, and let them know why your child needs support. If your child already has an IEP Team or 504 Team, ask for a team meeting to discuss your concerns. Bring any documentation you have from your child’s doctors or other providers that helps explain why your child needs support with English.
4. Reach out for support. Email the office in charge of supporting EL students to get answers to any questions you have. This office might have different names, such as “English Learner Services,” “Multilingual Resource Center,” “English as a Second Language Department,” or “ESL Program.” If you’re not sure who to contact, ask your child’s teacher or principal. Explain what you are concerned about and ask for a meeting to address your questions. If you will need interpretation at the meeting, let them know.
5. Build your team. Look for any parent groups, support groups, or Facebook groups in your area where you can meet other parents and share information. You can also check out our Parent Advocacy & Support Guide to look for local organizations to connect with.
6. Get help. Call the LANC helpline if your child is not receiving evaluations for special education services in the language that is the best fit for them, and you have tried addressing the issue with your school without success.

The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents certain privacy rights regarding their children’s educational records. FERPA gives parents the right to have access to their children’s education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education records. Once a student is 18 years old, FERPA rights are transferred from the parent to the student.

Under FERPA, schools are required to maintain the confidentiality of all personal information related to students, and cannot share this information with a third-party without parental consent.

• Examples of personal information: grades and attendance, birth certificates, social security numbers, place of birth, immigrant status, disability status

Schools can share a student’s “directory information” to any person or organization.

• Examples of directory information: student’s name, address, phone number, date and place of birth, participation in officially recognized activities and sports, attendance records, and other basic demographic information

Schools must provide public notice of what is covered under “directory information,” usually on their website. Schools must provide parents an opportunity to opt-out of sharing this information. If a parent opts out, schools cannot share their student’s directory information.

School Resource Officers (SROs), and other school officials, are not required to report undocumented students. However, a school could provide an SRO with a student’s personal information if the SRO has a legitimate educational interest in that information. Generally, school officials have a legitimate educational interest if they need to review an education record in order to fulfill their professional responsibilities. For an SRO, these responsibilities may include maintaining security on campus or helping a student. Even if an SRO is permitted to have access to a student’s information, they are prohibited from sharing it with a third-party without a parent’s consent.

Schools are not permitted to share a student’s personal information with U.S. Immigration and Customs Enforcement (“ICE”) or other law enforcement agencies without a parent’s consent. Schools are considered “sensitive locations” by ICE, which means they are discouraged from conducting law enforcement actions at schools unless there is a strong reason to do so, such as an immediate emergency need or dangerous person who presents an imminent threat to public safety. If ICE shows up at a school and requests access to student records or to meet with the student themselves, schools are only required to disclose information if there is a valid court order or subpoena. Schools still have to comply with FERPA and immigration laws. FERPA permits schools to disclose student information when there is a lawfully issued subpoena; when it is related to a health or safety emergency; or if it is in connection with a student who is engaged in a violent crime or sex offense.

NOTE: Section 287(g) of the Immigration and Nationality Act authorizes ICE to enter into agreements with state or local law enforcement agencies to perform certain functions of federal immigration agents. This allows state or local law enforcement to enter data into ICE’s databank or transfer non-citizens into ICE custody. The link provides access to a list of counties that currently have 287(g) agreements: https://www.ice.gov/factsheets/287g#signedMOA. As of 2024, North Carolina has 15 counties who have 287(g) agreements with ICE. Section 287(g) does not change the fact that schools are considered safe zones, nor does it allow ICE officers to access student records without consent or a court-ordered subpoena. This list, however, provides important information for immigrant and undocumented families who may wish to be aware of a heighted risk with law enforcement.

If you feel like there has been a violation of your student’s or family’s rights regarding confidentiality of information that you have shared with your school:

1. Find your Board Policies. Each school district has a set of Board Policies, which are rules that schools and the district have to follow when working with students and families. Look for any Board Policies in your district that have to do with FERPA and sharing student information and understand what your rights are. Check out this spreadsheet to find your local policies. 
2. Contact your child’s school to learn more. Contact your child’s principal, preferably in writing, to understand what information was shared with whom and to express your concerns. If you are not satisfied with the response, try contacting district level staff, such as a Director for Student Services or Assistant Superintendent.
3. File a complaint. If you are not able to resolve the issue by working with your school and district staff, you can contact the U.S. Department of Education’s Family Policy Compliance Office (FPCO) Office and file a FERPA Complaint with them.
4. Connect with other parents or community organizations. Parents can connect and advocate for themselves and petition the school for further protections against ICE and other threats to undocumented students. Some examples of statewide and regional organizations that parents could connect to:
   • Siembra NC is a grassroots organization focused on defending communities from ICE.
   • Education for Justice Alliance is a Wake County organization comprised of parents, community activists, and students who seek to protect families and combat the school-to-prison pipeline.
5. Get help. Call the LANC helpline if you have tried these strategies and if the sharing of your child’s information is making them feel unsafe or unable to attend school.