This toolkit is designed to inform advocates (attorneys and non-attorneys) about the education-related rights of newcomer and undocumented immigrant children, how to assert those rights, and what to do if the school/district pushes back. This toolkit is for informational purposes only. It is not legal advice and does not create an attorney-client relationship. This manual should not replace an individualized legal assessment of a case.
For purposes of this toolkit, we focus on newcomer youth and the educational barriers they most commonly face. We recognize that many newcomer students hold intersecting experiences—such as involvement in the child welfare system, juvenile detention, or immigration detention—that may require additional support beyond the scope of this resource. While we aim to provide thorough and practical guidance, we encourage advocates to consult additional resources or contact the authors for further questions or support.
Federal case law provides undocumented immigrant children with the right to attend a comprehensive school regardless of their immigration status. In California, there are additional state laws that explicitly protect immigrant children and their right to access a free public education. Throughout the toolkit, we will refer to the California Education Code and other relevant California laws. Although some of the laws and advocacy tips are applicable in other states (such as the IDEA-related advocacy), please refer to your state’s laws to determine which legal rights and remedies are available to your client.
This toolkit is meant to be accessible for any advocate, including social workers, teachers, case managers, youth advocates, etc. Legal citations and certain legal language in templates are included for reference purposes only.
