Immigration Article of the Day: The Right to Special Education: Undocumented Children and the Promise of Plyler by Blakely Simoneau

The Right to Special Education: Undocumented Children and the Promise of Plyler by Blakely Simoneau, Berkeley La Raza Law Journal, Vol. 30, No. 1, 2020

Abstract

Undocumented children in immigration detention facilities have the right to access education. Yet these children, on American soil and in the government’s custody, remain unprotected by the Individuals with Disabilities Education Act. Changing immigration policies further compound this problem. This article argues that the potential value to our society cannot be assumed away by their uncertain immigration status, and that if the right to education is taken seriously, these children cannot be excluded from the receipt of special education merely because their legal status is unknown.

KJ