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Migrant Students Kept Out of Schools, AP Investigation Finds

By Garance Burke & Adrian Sainz, The Associated Press — May 10, 2016 4 min read
Candelario Jimon Alonzo, at his home in Memphis, Tenn., came to the United States after fleeing Guatemala. Local school officials have kept the 16-year-old out of the classroom since he tried to enroll in January.

Candelario Jimon Alonzo came to the United States dreaming of becoming something more than what seemed possible along the rutted roads of his hometown in Guatemala. He could earn a U.S. high school education and eventually become a teacher.

Instead, the 16-year-old spends most days alone in the tumbledown Memphis house where he lives with his uncle, leaving only occasionally to play soccer and pick up what English he can from friends. Local school officials have kept Candelario out of the classroom since he tried to enroll in January. Lawyers say Candelario and at least a dozen other migrant youths fleeing violence in Central America have been blocked from going to Memphis high schools because officials contend the teenagers lacked transcripts or were too old to graduate on time.

The Associated Press has found that in at least 35 districts in 14 states, hundreds of unaccompanied minors from El Salvador, Guatemala, and Honduras have been discouraged from enrolling in schools or pressured into what advocates and lawyers argue are separate but unequal alternative programs—essentially an academic dead end, and one that can violate federal law.

Instead of enrolling Candelario and the other minors in high school, the cash-strapped district routed them to an adult school in East Memphis that offered English classes a few hours a week. But before Candelario could even register, the state shut down the GED and English-language programs over concerns that few students were graduating, effectively ending his chances for a formal education.

Guaranteed Services

“I really wanted to study math and English when I got here,” said Candelario, who grew up speaking Spanish and the indigenous language Quiche. He is applying for permission to stay in the country permanently.

Natalia Powers, a spokeswoman for the Shelby County school system, which includes Memphis, said her district allows students 16 and older to choose to enroll in a GED program, and that once the program closed, students could continue studying in a “similar” program at a local nonprofit. But lawyers and advocates say their clients weren’t given the choice to attend a mainstream high school, and that the nonprofit did not teach English.

America’s public schools remain one of the few government institutions where migrant youths are guaranteed services, but the federal government has extended litle money or oversight to monitor whether that happens, in part because schools are locally governed.

Since fall 2013, the federal government has placed nearly 104,000 unaccompanied minors with adult sponsors in communities nationwide, where they are expected to attend school while they seek legal status in immigration court. Months later, during the dramatic surge of illegal crossings at the border, the U.S. departments of Education and Justice issued joint guidance reminding districts that a 1982 U.S. Supreme Court ruling requires public schools to enroll all students, regardless of immigration status.

Districts must provide appropriate language-assistance services so students can participate equally in the standard instructional program within a reasonable period of time. Districts that don’t comply can be forced to change their enrollment policies, but making that happen is not easy. To start, few migrant children understand their rights.

Students and their advocates can sue districts or file complaints with federal authorities, but investigations are backlogged and typically result in civil penalties, said Lisa Carmona, a senior attorney with the nonprofit Southern Poverty Law Center.

Many local districts found resources and staff to meet the needs of these students, who often carry emotional trauma, have gaps in their education, and are older than other English-language learners.

Multiple Barriers

To determine where that was not happening, the AP analyzed federal data to identify areas where the number of migrant children was relatively large when compared with public school enrollment, along with the number of students formally learning English.

In Alabama, California, Florida, Louisiana, Maryland, Massachusetts, Mississippi, New Jersey, New York, North Carolina, Ohio, Tennessee, Texas, and South Carolina, social workers and lawyers told AP that migrant students have been barred from enrolling, kept out of class for months, or routed to reform schools and adult programs. The full extent of how the Central American minors are faring in schools is unknown because the government does not release data on counties where fewer than 50 minors have been placed, which means information was not provided for about 25,000 of the migrants.

Spokeswomen for the Education and Justice departments would not say how many of the nation’s roughly 14,000 school districts have been investigated for such failures.

“We remain committed to working with federal partners and community-based organizations to address any issues that unaccompanied children may face in dealing with the education system,” said Dorie Nolt, a spokeswoman for the Education Department.

All children must attend school until at least the 8th grade or until they turn 16 under compulsory education laws in all 50 states. Students can enroll beyond that age in many states.

Some districts have gone to great lengths to accommodate the students, who often come to join relatives, sometimes escaping criminal gangs or extreme poverty. One in rural Kasas rerouted a school bus to ensure a group of unaccompanied teenagers made it to class.

In March 2015, federal officials made $14 million in grants available for county school districts in which the government placed more than 50 unaccompanied minors. But that amounts to less than $175 for eachunaccompanied child placed in those counties since October 2013, which many districts say leaves them to cover too much of the cost.

Copyright 2016 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
A version of this article appeared in the May 11, 2016 edition of Education Week as Migrant Students Kept Out of Schools, AP Investigation Finds

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