States taking action to address enrollment discrimination following investigation by The 74

By Sarah Cohen

August 8, 2024

Thirteen states and three significant urban areas are implementing additional precautions to uphold and advocate for the educational rights of immigrant students. This initiative stems from The 74’s undercover investigation, which uncovered pervasive enrollment discrimination against older newcomers.

Over the span of about 18 months, senior reporter Sarah Cohen contacted 630 high schools across the U.S. and Washington, D.C. to investigate if they would admit a 19-year-old Venezuelan transplant with limited English proficiency and interrupted education. Many schools tried to redirect the fictional student, Hector Guerrero, to GED programs, adult education, or community college instead of admitting him.

The findings of The 74’s investigation revealed inconsistent enrollment practices and misinformation about public school enrollment laws across states, counties, and school districts. The investigation also showed that school officials provided inaccurate information on high-stakes enrollment issues, further complicating the situation.

It was found that almost all states and Washington, D.C. have laws setting a maximum age for public school enrollment, with some allowing students to attend high school until age 20 or 21. Education department officials were alerted to the widespread refusals of Hector, prompting discussions on clarifying enrollment and registration guidelines.

Illinois had notably high refusal rates, with 25 out of 32 schools turning Hector away, despite students being allowed to stay in high school until age 21. In Chicago, he faced rejections in the majority of schools, including Benito Juarez Community Academy.

Nonprofit Hope Chicago tells 1,700 Benito Juarez Community Academy students in 2022 that it has raised funds to cover their college tuition. (Benito Juarez Community Academy)

Following The 74’s investigation, several states are taking corrective actions to ensure immigrant students’ rights. Education officials in various states expressed concerns about the confusion among school districts regarding enrollment regulations.

In Michigan, Hector faced rejections from the majority of high schools, prompting discussions on legislative changes to guarantee students’ enrollment rights. The investigation underscored the need for states to not only revise policies but also implement them effectively.

In Washington, D.C., officials pledged to address enrollment issues before the start of the academic year, emphasizing the importance of providing accurate and consistent information to families seeking enrollment for their children.

Colorado and Virginia also committed to reinforcing enrollment requirements and educating school staff to prevent discriminatory practices against immigrant students. These efforts are aimed at ensuring equal access to education for all eligible students.

The 74’s investigation highlighted widespread discriminatory enrollment practices across the country, prompting educators and advocates to seek immediate measures to rectify the situation. States are now taking proactive steps to reinforce laws and prevent further barriers to education for immigrant students.

“Your reporting showed that a number of our school divisions could use a refresher on the current enrollment requirements.”

Virginia Department of Education official 

As the issue gains national attention, advocates acknowledge the importance of ensuring equitable educational opportunities for all students, including immigrants. The initial steps taken by states to address enrollment discrimination are seen as crucial in promoting access to education for every eligible student.

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