LANCASTER, Pa. — Education advocates are suing the Lancaster School District, saying it is violating state and federal law by refusing to enroll immigrant students with limited English proficiency in regular high school.
A lawsuit filed in federal district court Tuesday accused the district of either refusing to enroll 17- to 21-year-old, non-English-speaking refugees at all, or diverting them to a privately operated school for underachieving students. According to Maura McInerney, senior staff attorney with the Education Law Center, vulnerable students with intensive language shortfalls are not getting what they need.
"They're not provided with rigorous ESL (English-as-a-Second-Language programs), to which they are entitled,” McInerney said. "They're also not modifying the curriculum to ensure that these students are receiving instruction."
The district said it is meeting all legal requirements, adding English language instruction is available at the alternative school. The plaintiffs in the suit include refugees from Somalia, Sudan and Myanmar who have fled war, violence and persecution in their home countries.
According to McInerney, J. P. McCaskey High School - the regular district high school in Lancaster - has a special program designed for such students, but those who insist on being allowed to enroll are routinely sent to Phoenix Academy, the alternative school.
"Students at Phoenix Academy are subject to pat-down searches,” McInerney said. “They're prohibited from bringing their belongings into school. They have to wear colored shirts that correspond with their behavior."
She said many immigrant students with limited English end up dropping out of school altogether.
The lawsuit asked the court to ensure that all students with limited English proficiency be allowed to enroll directly in the school district, and that they be allowed to receive their education at the regular high school.
"We think that all of these students are legally entitled to equal educational opportunities, that would be provided at McCaskey,” McInerney said.
Two similar lawsuits have been filed in New York and Florida in the past 15 months.
For more on the lawsuit, visit aclupa.org.
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Wisconsin has one of the higher closure rates in the U.S. for charter schools, according to a new report, which lays out the challenges of staying open.
Charter schools, which receive public funding but are often run by private entities, are billed as alternative learning environments for families who feel they need more options. But the new findings show nationally, more than a quarter of them close by year five, with rates worsening over time. Wisconsin is among the states with a closure rate of at least 45%.
Jenni Hofschulte, southeast Wisconsin representative for the Wisconsin Public Education Network, said families enrolled are left scrambling when a charter school abruptly closes.
"That's 45% of those families put into a lurch and having to make pivots and new choices for their children," Hofschulte pointed out.
She noted traditional public schools are happy to welcome these students back but added local districts often have to move quickly to place them. The report from the National Center for Charter School Accountability cited low enrollment, along with fraud and mismanagement as the top factors behind the closures. Backers of charters said despite such issues, the schools are sometimes still the best options in underserved areas.
Hofschulte acknowledged some families might be happy with their charter school but argued the push to authorize the sites over time ignores the root issues hindering educational outcomes.
"When you look at student outcomes, like, poverty plays the biggest role in it," Hofschulte explained. "But we're not talking about how to address poverty in communities. We're saying, 'Well, it must be the public school system. So, we'll do this other thing. You know, a charter will be better.'"
The Milwaukee Public School system recently dealt with a financial scandal. Hofschulte stressed it should not be taken lightly but suggested the examples are scrutinized more than the shortcomings of charter schools. According to state data, Wisconsin currently has 226 charter schools in operation.
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Michigan State University has launched a new program to expand educational opportunities for Native American students across the country.
The Native American Tuition Advantage Program gives out-of-state Indigenous students access to in-state tuition, helping to remove the financial barriers making it harder for many people to pursue higher education.
Kevin Leonard, director of the Native American Institute at the university, said the idea for the program came after years of conversations between the Native community, staff and students.
"A lot of our people were relocated all over the country, all over the North American continent," Leonard observed. "We really felt for those First Nation relatives that maybe were moved into Canada, or other states. We should have something like a tuition reciprocity where at least they could attend MSU, at the bare minimum."
Leonard pointed out getting students enrolled is only the first step. His department will expand programs, cultural activities and resources to give students the support they need to succeed and graduate.
Orville Cayaditt, a graduate student from Utah and member of the Navajo Nation, started at the university before the program was introduced. Fortunately, he received support through another program, but he believes it could be a game-changer for many Native American students.
"The situation a lot of native students are faced with, in that when choosing an out-of-state college, financial costs, out-of-state costs, those are real questions that can make or break that decision for a student wanting to come out of state," Cayaditt explained.
The new program expands on Michigan State's Maynard Kennedy Turtle Island Acknowledgement Scholarship, which offers similar benefits to a limited number of students from state or federally recognized tribes. The new program will begin in the fall of 2025.
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It is not easy for California students to transfer between community colleges and the California State University and University of California systems and advocates want it fixed.
A recent audit found very low transfer rates for California community college students, especially for students of color. The data show from 2017 through 2019, just 21% of students who intended to transfer to a four-year school did so within four years.
Linda Becker, Bay Area director of regional partnerships for the nonprofit Merit America, said it highlights structural barriers within the education system.
"The high cost in California is a real barrier for people to be able to access education," Becker pointed out. "At the same time, we know that with just a high school degree, you really are excluded from a lot of jobs."
The report called for schools to make sure more of their classes count for transfer to a four-year university, and to expand the Associate Degree for Transfer program. It offers a streamlined transfer pathway to state university campuses. Merit America offers an alternative pathway, with five online programs in the tech field lasting 14 to 23 weeks with intensive career counseling.
Becker pointed out the program is designed for people stuck in low-wage jobs who want to move to a more rewarding career.
"Thousands of people start our program and about 40% have tried some college and not been able to finish," Becker reported. "It's mostly because of financial reasons. They can't take the time away from working to support going to college."
The program is subsidized and learners can get a 0% loan to cover the rest, to a maximum of $5,700. Students do not have to pay the loan back until they get a new job paying at least $40,000 a year.
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