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Across the country, public schools have a constitutional and moral obligation to provide a free, high-quality public education to all students residing within their school district boundaries.
- State and federal law prohibit public school districts from discriminating on the basis of race, color, or national origin.
- State law further prohibits discrimination on the basis of citizenship or immigration status.
In response to conversations and actions underway at the federal level, OSPI has released new guidance on state and federal protections for immigrant students in Washington’s K–12 public schools. This guidance provides school districts with a roadmap of requirements related to student privacy, access to educational services, and immigration enforcement on school campuses.
Guidance is now available in:
Policy and Resources for Undocumented Students
The information below comes directly from the Higher Ed Immigration Portal and is taken from their website.
In-State Tuition
Washington House Bill (HB) 1079, signed into law on January 15, 2003, allows eligible undocumented students, including DACA recipients, to access in-state tuition. Students must meet certain requirements to access in-state tuition, including: |
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Completed a full senior year at a high school in the state and earned a diploma or received an equivalent (GED);
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Resided in Washington for at least three consecutive years as of the date the person received a diploma or GED;
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Continually lived in Washington since receiving a diploma or GED; and,
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Filed an affidavit verifying that they qualify to pay resident tuition and will seek legal permanent residency when legally permitted to do so.
Washington House Bill (HB) 1488, signed into law on March 22, 2018, provides certain individuals admitted to the United States as refugees with access to in-state tuition.
Refugee In-State Tuition: Refugees are eligible for in-state tuition after meeting residency requirements pursuant to RCW 28B.15.012 and its implementing provision WAC 250-18-020.
State Financial Aid
Washington provides undocumented students, including DACA recipients, with access to state financial aid.
Washington House Bill (HB) 1817, signed into law on March 13, 2013, authorizes DACA recipients to access state financial aid by applying for State Need Grants. DACA recipients must complete all of the following requirements:
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Completed a full senior year of high school and obtained a diploma or the equivalent at a Washington high school;
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Lived in Washington for at least three years before receiving a diploma or the equivalent;
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Continuously lived in Washington from receiving a diploma or the equivalent until being admitted to an eligible institution of higher education; and,
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Been granted Deferred Action for Childhood Arrivals (DACA).
Washington Senate Bill (SB) 6523, also known as the Real Hope Act, signed into law on February 26, 2014, provides undocumented students without DACA access to state financial aid.
Washington Senate Bill (SB) 6561, signed into law on April 2, 2020, permits undocumented students to apply for state loans.
With Washington state Governor Jay Inslee's signing of HB 1889 on March 13, 2024, licensure boards in the state of Washington will no longer be allowed to deny an applicant from obtaining a professional license or certification for lacking citizenship or lawful presence. Additionally, this legislation allows an applicant to provide an ITIN, instead of a social security number. This change in the state’s legislation becomes effective July 1, 2024.
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Undocumented immigrants living in Washington are eligible to obtain a driver license. House Bill (H.B.) 1444, signed into law on May 17, 1993 and effective as of July 25, 1993, allows individuals to obtain a driver’s license if they can provide proof of Washington residency and meet other requirements, regardless of the individual’s immigration status. House Bill (H.B.) 5008, signed into law on May 16, 2017, specifies that undocumented immigrants can access standard driver’s licenses, not enhanced driver’s licenses that are REAL ID compliant. DACA recipients in Washington are also allowed to obtain a driver license or state identification card. Source: NILC
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Note to program: Supporting Undocumented Students
Many forms of financial aid and professional licenses are accessible to undocumented students, which can significantly impact their future prospects.
- It’s essential that Open Doors staff recognize the opportunities available to undocumented students.
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Knowing the laws and resources directly influences staff ability to support all students effectively.
By being informed about these resources and laws, teachers and case managers can encourage all students to pursue their post-secondary endeavors with confidence, ensuring that every student has the chance to realize their goals regardless of their immigration status.
We hope the resources empower Open Doors staff to create an inclusive and supportive environment that fosters the success of every student.
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Email the Open Doors team for support with your questions at OpenDoors@k12.wa.us.
You can also call the new Open Doors voicemail line at 360-725-4958.
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Past Newsletters:
Check our website for previous years' newsletter topics.
Mandy Paradise,
M.Ed
Open Doors
Program Supervisor
Email Mandy
360-789-3949
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