All children in the United States have the right to go to school and learn, including you! No matter what your (or your sponsor’s) immigration status is, you can attend school and participate in sports and afterschool activities. If you or your sponsor have questions about how to enroll in school, reach out to us!
In this article, we answer the following questions:
- 🏫 How is the U.S. School system organized?
- 🔎 How do I find the right school for me?
- 📃 How do I enroll in school and what documents do I need?
- 👨🎓 What are my rights as a student?
1. 🏫 How is the U.S. school system organized?
⭐ Primary and secondary education in the U.S. includes Kindergarten through 12th grade (K-12). It is usually broken up into three stages:
- Elementary school (Kindergarten - 5th grade)
- Middle school (6th grade – 8th grade)
- High school (9th grade – 12th grade)
Note: This is the general setup, but not every school district is exactly the same. You may notice some small differences throughout the U.S., depending on where you live. For example, sometimes ‘Middle School’ is called ‘Junior High.’ Sometimes Middle School and High School are combined. Or some Middle Schools are 5th – 7th grade.
⭐ There are public schools (free) and private schools (paid) for primary and secondary education in the U.S.
⭐ Academic Year: The school year usually starts in August or September and finishes in June or July. Most schools break the school year up into two semesters, but some school break the school year into three ‘trimesters.’
⭐ All children in the U.S. must go to school. The age that students are allowed to stop going to school is different in each state, but it is usually around the age of 16 or 17. Access to education must be available to students until around the age of 19 to 21, depending on the state.
⭐When a student finishes high school (12th grade), they will graduate and receive a diploma. For students who don’t finish high school, there is another option called an HSE (a High School Equivalency Diploma). You may have heard of a test called the GED; the GED is one type of HSE. HSE’s are a way to show that you have the same knowledge and skills as someone who graduated high school. A HSE is equivalent to a high school diploma.
⭐ One you have graduated high school or received an HSE, there are many options. Some of these options include searching for a job, going to college or university, or attending a technical school. To learn more about options after high school, check out our article* about options after high school (*coming soon).
2. 🔎 How do I find the right school for me?
All children in all states of the U.S. have the right to free public education.
Your public school options will depend on geographical location. Usually, you have to live in the same school district as the school that you attend.
Private schools don’t always have the same rules about geographical location, but they may have entry requirements, an application process that you have to go through to be accepted at the school, and a tuition cost to attend.
Depending on the state and school district where you live, you may have several options when selecting a school. It is important to find the right school and program for you. Don’t be afraid to ask questions!
To find out which school district you are in and which school(s) you can attend, click here and search for schools in your area by entering your town.
You might be able to find information about a school by looking at their website. You can also contact the school office by telephone or email to set up a meeting with their school counselor or admissions representative. This meeting is an opportunity to introduce yourself, to express you interest in attending the school, to find out what you need to do to register, and to ask questions to decide if this school is a good fit for you.
Here are some things to keep in mind when deciding what school to attend, and some questions that you can ask during your meeting:
- How far away is the school from your home? Do they offer transportation services to help you get to school and back?
- How large is the school? What is the average class size?
- What is the school culture like (their beliefs, attitudes and rules)?
- What educational programs does the school offer? Do they just offer a traditional education path, or do they have any alternative programs that focus on math, science, technology, or any other subjects that may interest you? Do they offer advanced classes?
- Do they offer classes in your native language? Do they have Spanish and English Language Learner (ELL) programs? Do they have extra language support, such as tutoring or interpreters?
- Does the school have interpreters for parent-teacher conferences, school events like back-to-school night or any other meetings with your teachers?
- What kinds of sports, music, clubs, theater and art programs does the school offer? What extracurricular opportunities (activities outside of the classroom) are important to you?
- Does the school offer any career training or technical training opportunities that interest you (such as a program to become an electrician or a mechanic)?
- Does the school offer support for college or other programs that interest you after graduation?
- If you are interested in attending a private school and you meet with an admissions officer, don’t forget to ask if they have any kind of financial help and who qualifies, since there may be scholarships or other types of financial aid. You can also ask what costs you may be expected to pay to attend the school (for example, do you need to buy a uniform)?
3. 📃 How do I enroll in school and what documents do I need?
The requirements for enrolling in school often vary for each state and school district, but in general, you need to:
1. Check the school calendar to find out when the school year begins. If you enroll during the summer months before the school year starts in August or September, great! The transition to a new school may be easier if you begin school at the same time as all of the other students. If you need to enroll in school in the middle of the school year, that’s ok too. You can begin attending school at any time during the year.
- Note: Remember that all children are required by law to go to school until about the age of 16, depending on the laws of the state you live in. The maximum age that you can access public education depends on the state laws where you live. If you arrive to a new home in the middle of a school year, get informed and register for school as soon as possible.
2. Check the enrollment requirements for your specific school on their website. You can also call the enrollment office to speak to someone over the phone or in person. Many schools require an appointment to enroll in school. You can set up this appointment with the school office. When you make your appointment, make sure to ask what documents you will need to bring with you to enroll.
3. Gather the documents that you will need to enroll. The chart below provides information about documents that you may be asked for when enrolling in school. Note that not all of these documents are required, and there may be alternative options that unaccompanied children can present.
- Note! You do NOT need to answer questions about your immigration status or provide a social security number to attend school. They may ask for your immigration status/a social security number, but you do not have to give it to them.
4. 🎓 What are my rights as a student?
If you were born outside of the U.S., you still have the right to a free public education, just the same as all children. You also have some additional rights to protect you and your education.
⭐ You have the right to attend public school. The school cannot require that you show immigration documents or a social security number to attend.
⭐ You have the right to go to a school where you feel safe and where you are not discriminated against for your immigration status, race, ethnicity, religion, etc. You have the right to go to school in an environment where you are not harassed or bullied. Schools must take steps to protect you from bullying, discrimination, and harassment.
⭐ You have the right to English Language learning help. This could be in the form of ESL (English as a Second Language) classes, or bilingual education. You also have the right to language help and assistance to make sure that you are able to learn all general core subjects (like math, science, and English), even if you don’t speak English.
- Note: ELL (English Language Learner) refers to the students that are learnings English. ELL classes teach all of the subjects (like math, science, etc.) and are designed to support these students in learning English while they study other topics. ESL (English as a Second Language), on the other hand, refers specifically to English language classes, where the main focus is to teach English as a second language.
⭐ You have the right to participate in extracurricular activities, which are activities that happen outside of the school day, like sports, theater, clubs, etc., gifted student programs, and other programs that the school offers outside of the classroom.
⭐If you have a disability or a learning disability, you have the right to receive special education and language assistance.
⭐ You parents/sponsor/legal guardian has the right to get information about your education in the language that they speak. The school must provide an interpreter or translation services. This applies to announcements, letters and emails from the school, parent-teacher conferences, etc.
⭐ You cannot be denied schooling if you are homeless or do not have a permanent address. In these cases, schools are still required to enroll you (even if you don’t have documents that they ask for), and they are required to help connect you to support services.
What can I do if my rights are NOT being respected?
If you think that a school is not respecting your rights to a safe, inclusive, accessible education, it's difficult to know what to do!
- It's always a great idea to talk to your attorney if you have one. They can give you advice on what to do to make sure your rights are being protected.
- You can also check out this resource from the Southern Poverty Law Center. This webpage provides information about your rights in several languages. If you scroll down the page, you will find templates for advocacy letters. If you would like to stand up for your rights with your school or school district, find the letter that matches the rights that you believe are being violated (enrollment, language access, special education, and homelessness assistance), to get information on who to send the letter to, and a template that you can print out and send.
- You can also check out this PDF that includes a story of a mother and son who face challenges when trying to enroll in school. The stories show examples of how to respond and advocate for your rights in several different example situations.
- Depending on which state you live in, ImportaMi can put you in contact with local organization that protect the rights of children to go to school One example of this type of organization is Advocates of Children of New York.
If you have questions or you would like help finding a school close by or enrolling in a school near you, you can always get in touch with us. We’re here to help.
For more information about the benefits of going to school, check out our article ‘Why Should I Go to School?’
Sources:
Study in the USA. (November 2021). Understanding the American Education System. https://www.studyusa.com/en/a/58/understanding-the-american-education-system
USA Hello. (September, 2024). Enroll my Child in School. https://usahello.org/education/children/register-child-in-school/
SPLC. Resources for Families and Advocates. https://www.splcenter.org/plyler-resources-families-advocates
Education Law Center. (August, 2019). Immigrant and Refugee Student Bill of Rights. https://www.elc-pa.org/wp-content/uploads/2019/08/Immigrant-and-Refugee-Student-Bill-of-Rights-1.pdf