Administration Rescinds Access to Education Services for Undocumented Children

In a sharp departure from previous federal guidelines, the Administration has announced its intention to roll back eligibility for domestic assistance programs for children and families who are undocumented. Specific to education and citing Executive Order 14218 “Ending Taxpayer Subsidization of Open Borders” the Department of  Education (ED) and Department of Health and Human Services (HHS) have put all states on notice that they plan to formally rescind a 1998 interpretation of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) which has been used to allow states to serve undocumented children previously deemed eligible for preschool services through Head Start as well as young adult students participating in career/technical education (CTE), and adult education programs. While HHS has indicated that its new guidance will be released through the official 60-day notice and comment period, ED has requested grantees to verify participant eligibility to ensure compliance. ED also released a new “interpretive rule” that details the interplay between PRWORA and Plyler v. Doe and concludes, “Federal programs administered [by ED] that provide postsecondary education and other similar benefits, including adult education and CTE programs, are “Federal public benefits” subject to the citizenship and immigration verification requirements of PRWORA, so long as such benefits are not protected under Plyler as part of a basic public education.” With an understanding of the potential impacts on students with disabilities, COPAA is examining the new policies and is collaborating with partners to determine whether and how to weigh in with the Administration on this policy position.

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