Protecting Access to Education for Migratory Children - A Resource for Families and Educators

Oct 15, 2026

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This fact sheet addresses access-to-education barriers faced by migratory children in the United States, whose frequent moves between residences and school districts can disrupt enrollment and participation. It explains legal responsibilities of K-12 public schools under federal civil rights laws, including non-discrimination requirements, language assistance for English Learners, and accessible enrollment and program information. It outlines common enrollment and participation obstacles and provides guidance on how families can seek help from OCR or CRT when discrimination occurs.

LanguageEnglish

CategoryHealthcare

FormatPDF

Pages3

Reading Time8 min

AccessFree to download

K-12 Public School Access Requirements

Non-discrimination and Title VI protections

Language assistance for English Learners

Accessible enrollment and program information

Common Enrollment Barriers

Enrollment after the school year begins

Proof-of-residency and documentation requirements

Access to special academic programs

Ongoing Participation Barriers After Enrollment

Late-year English proficiency assessments

Language assistance for parents and guardians

Placement in remedial classes

Misassumptions about language needs

Denial of language assistance and special education supports

Reporting Discrimination and Getting Help

Contacting CRT and OCR

Filing a complaint and language assistance contact

Additional Resources

U.S. Department of Justice Civil Rights Division U.S. Department of Education Office for Civil Rights June 2023 Protecting Access to Education for Migratory Children A Resource for Families and Educators Many children in the United States are highly mobile or have parents or guardians who are highly mobile, including some children who are, or who are part of families with, migratory agricultural workers, migratory fishers, and workers in seasonal industries or positions.1 These migratory children move regularly from one residence and school district to another, and their mobility often affects their access to education. Some migratory children who lack legal immigration status in the United States or are English Learners may face additional barriers to participation in school. This fact sheet highlights specific access to education challenges faced by migratory children, explains to families where they can go for help, and aims to help public schools understand their responsibilities to serve these children under Federal civil rights laws.2 Here’s what you need to know: 1. K-12 public schools must be open to all students, including migratory children, regardless of their or their parents’immigration status.3 Additionally, Title VI of the Civil Rights Act of 1964 prohibits public schools from discriminating based on race, color, or national origin.4 2. Public schools must offer language assistance services to K-12 students who have limited English proficiency, including migratory children. Schools must identify these students as English Learners so that they can receive services to enable them to meaningfully participate in the school’s educational programs. 3. Public schools must make information about enrollment, classes, and other educational programs and activities accessible to parents and guardians who have limited English proficiency. Schools can accomplish this by providing accurate written translation or oral interpretation. U.S. Department of Justice Civil Rights Division U.S. Department of Education Office for Civil Rights These are examples of obstacles that can prevent migratory children from enrolling and obtaining the educational services they are entitled to receive. Migratory Children May Face Enrollment Barriers When: • Schools bar students, including migratory children who travel seasonally or move multiple times in the course of a year, from enrolling after the school year has begun. • Schools ask new students to provide Social Security Numbers or U.S. birth certificates as a condition of enrolling. • Children who reside in locations, such as temporary labor housing, that are within a school district’s geographical boundaries, face school proof-of-residency policies that prevent their enrollment. • Students try to access special academic programs or offerings (e.g. , gifted and talented education) but are deterred or discouraged from applying to those or other grade-appropriate programs because they are English Learners or because they have interrupted formal schooling due to work-related mobility. Once Enrolled, Migratory Children May Continue to Face Barriers to Meaningful Participation When: • Schools that routinely conduct English language proficiency assessments at the start of the school year fail to do so for migratory children who arrive mid-or endyear. • Parents, guardians, or sponsors who have limited English proficiency do not receive language assistance services necessary to participate in decisions about their children’s education. • Schools uniformly place migratory children who are entitled to language assistance services in remedial classes (e.g. , remedial math) without appropriate consideration of student records of past enrollment and course completions. • School staff incorrectly assume that migratory families who speak Indigenous languages also speak Spanish because of their country of origin. • Migratory children who are entitled to both l

FAQs

What must K-12 public schools do to ensure migratory children can enroll regardless of immigration status?

K-12 public schools must be open to all students, including migratory children, regardless of immigration status. Title VI of the Civil Rights Act of 1964 also prohibits discrimination based on race, color, or national origin.

What language assistance services are required for migratory children who are English Learners?

Public schools must offer language assistance services to K-12 students with limited English proficiency, including migratory children. Schools must identify these students as English Learners so they receive services that enable meaningful participation in educational programs.

Where can families contact the federal agencies if they believe a school district is causing discrimination or denying services?

Families may contact the U.S. Department of Justice Civil Rights Division (CRT) or the U.S. Department of Education Office for Civil Rights (OCR). If concerns are not addressed by the school, families can file a complaint, and OCR language assistance information is provided in the resource.

Oct 15, 2026

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