The Migrant Education Program identifies and serves children ages 3–21 who are, or whose parents or spouses are, migratory agricultural workers (including dairy workers) or migratory fishermen. To qualify, the child or family must have moved across school district or state lines within the past 36 months for temporary or seasonal employment in agricultural or fishing work.

TDOE Migrant Education

Immigrant Identification Procedure – Henry County School System

In accordance with the 1982 U.S. Supreme Court ruling Plyler v. Doe, all students—regardless of immigration status—are entitled to a free and appropriate public education. Public schools may not:

• Deny admission at enrollment or any other time based on immigration status.

• Treat students differently to determine residency.

• Require students or parents to disclose or document immigration status.

An immigrant student is defined as a child who:

1. Is between the ages of 3 and 21,

2. Was not born in any of the 50 U.S. states, the District of Columbia, or Puerto Rico, and

3. Has not attended school in the U.S. for more than three academic years.

⚠️ Note: An immigrant student may or may not be an English Learner (EL). English Learner status is determined by language ability, not by place of birth. If an immigrant student qualifies for EL services, those services must follow the Rules of the State Board of Education, Chapter 0520-01-19, English as a Second Language Programs.

Student Enrollment and Documentation

To ensure equal access to education, school personnel must not require social security cards, birth certificates, or other documents that could be used to exclude undocumented children. However, all students—regardless of status—must comply with school attendance laws, policies, and regulations.

English Learner Services

Tennessee public schools must provide services to students with limited English proficiency. Under State Board of Education Policy 3.207, districts and schools are required to offer specialized programs for English Learners in compliance with:

• Title VI of the Civil Rights Act of 1965, and

• Tennessee Code Annotated 4-21-901

These laws prohibit discrimination based on race, color, or national origin by any state agency or by any entity receiving federal funds.