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Newcomer Students

Provides information and resources to support local educational agencies serving newcomer students and their families.

Newcomer is often used as an umbrella term for students born outside the United States who have recently arrived and are new to the country. Newcomer students often include English learners and may also include, but not be limited to, asylees, refugees, unaccompanied youth, undocumented youth, migratory students, student who may have experienced interrupted/limited education, and other immigrant children and youth identified by the local educational agencies (LEAs).

Newcomer students come from many different countries and diverse cultural backgrounds. These students come to school with various levels of educational experiences and speak a variety of languages, which may or may not include English. As newcomer students enter into a new education system, they may respond differently to new academic, language, and social-emotional experiences.

As educators, it is vital to acknowledge the strengths and abilities newcomer students bring, as well as recognize and assist newcomer students as they navigate challenges. It is important for LEAs to identify ways to support newcomer students and their families to ensure the students receive the appropriate services and resources to benefit their success. It is also essential to build partnerships with parents, local communities, and organizations to ensure that newcomer students experience a positive school climate.

Newcomer students are protected under federal laws to access a free, safe, and appropriate public education, regardless of their home language or immigration status. Successful local programs serving newcomer students are based on sound educational theory, are implemented effectively with adequate resources, and are proven effective in developing English language proficiency.

Please note that this guidance does not constitute legal advice and is not binding. For questions about the implications of the information on this web page on local programs or specific circumstances, LEAs should consult their local counsel.

Definitions and Data

Definitions

As it pertains to Education Code (EC) sections 51225.1 External link opens in new window or tab., 51225.2 External link opens in new window or tab., and 60811.8 External link opens in new window or tab., Assembly Bill 714 External link opens in new window or tab. defines “newcomer pupil” the same as “immigrant children and youth,” as defined in Section 7011(5) of Title 20 of the United States Codes as the following: Immigrant children and youth are individuals who (a) are aged three through twenty-one; (b) were not born in any state (each of the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico); and (c) have not been attending one or more schools in the United States for more than three full academic years.

The table below provides general definitions of terms that may also be used to describe newcomer students.

Term Definition
English Learner An individual (A) who is aged 3 through 21; (B) who is enrolled or preparing to enroll in an elementary school or secondary school; (C)(i) who was not born in the United States or whose native language is a language other than English; (ii)(I) who is a Native American or Alaska Native, or a native resident of the outlying areas; and (II) who comes from an environment where a language other than English has had a significant impact on the individual’s level of English language proficiency (ELP); or (iii) who is migratory, whose native language is not English, and who comes from an environment where a language other than English is dominant; and (D) whose difficulties in speaking, reading, writing, or understanding English may be sufficient to deny the individual (i) the ability to meet the challenging state academic standards; (ii) the ability to successfully achieve in classrooms where the language of instruction is English; or (iii) the opportunity to participate fully in society.2
Immigrant Children and Youth (for the purpose of Title III, Part A)

Immigrant children and youth are individuals who (a) are aged three through twenty-one; (b) were not born in any state (each of the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico); and (c) have not been attending one or more schools in the United States for more than three full academic years.3

Migratory children (for the purpose of Title I, Part C) A child is considered "migratory" if the parent or guardian is a migratory worker in the agricultural, dairy, lumber, or fishing industries and whose family has moved during the past three years. A "qualifying" move can range from moving from one residence to another or across school district boundaries due to economic necessity.4
Refugee A refugee is a person who has fled his or her country of origin because of past persecution or a fear of future persecution based upon race, religion, nationality, political opinion, or membership in a particular social group. If the person is currently residing in the United States, the person may apply for asylum. If the person is not in the United States, the person may apply to the U.S. Refugee Admissions Program. (U.S. Citizenship and Immigration Services, 2015)1
Student who may have experienced Limited/Interrupted Formal Education (SIFE/SLIFE) SIFE/SLIFE: Students with interrupted formal education/student with limited or interrupted formal education (a newcomer with significant gaps in formal education). (Greenberg Motamedi et all., 2021)1
  1. Unaccompanied Minors or Youth (federal and state use)
  2. Unaccompanied Children (federal and state use)
  3. Unaccompanied Alien Children (federal use)
  4. Unaccompanied Undocumented Minors (state use)

A child who has:

  • No lawful immigration status in the United States;
  • Not attained 18 years of age and
  • No parent or legal guardian in the United States, or no parent or legal guardian in the United States available to provide care and physical custody.5

Children who enter the country without their parent/legal guardian and for other reasons have been separated from their parent/legal guardian also fall under this definition.6

Unaccompanied Refugee Minors (URM)

The URM program is administered both at the federal and state level. At the state level, the California Department of Social Services (CDSS) administers the URM program by providing culturally responsive child welfare, foster care, and independent living services to unaccompanied refugee youth. Youth in the URM program have one of the following immigration statuses:

  • Refugees;
  • Cuban/Haitian entrants;
  • Asylees;
  • Victims of human trafficking who have an Office of Refugee Resettlement (ORR) eligibility letter;
  • Non-citizen victims of domestic violence and other serious crimes who have been granted a U-Visa from the United States Citizenship and Immigration Services, and meet all other eligibility requirements, or;
  • Minors who have received Special Immigrant Juvenile Status while in ORR’s custody.7

Data

Data for each of the newcomer terms from the table above can be found in the links below. Currently, there is no data collection for SIFE at the federal and state level.

English Learner Data
The web page provides general English learner data collected by the California Department of Education (CDE).

Foreign Born External link opens in new window or tab.
The U.S. Census Bureau website provides a variety of data regarding the foreign-born population in the United States.

Title III Immigrant Student Demographics
This web page provides immigrant student data collected as part of the requirements of Title III, Part A, of the Every Student Succeeds Act (ESSA). The CDE conducts an annual data collection on the number of immigrant students enrolled in California's public and private schools.

Refugees and Asylees External link opens in new window or tab.
The U.S. Department of Homeland Security website provides an annual report along with downloadable Excel data files regarding refugees and asylees that arrive in the United States each year.

Unaccompanied Children Information External link opens in new window or tab.
The U.S. Department of Health and Human Services (HHS) website provides general data regarding unaccompanied youth who have been referred to the ORR for care and to help find a sponsor in the United States. The ORR is within the Administration for Children and Families, an operational division of the HHS that manages the Unaccompanied Children Program


1 U.S. Department of Education. Office of English Language Acquisition. 2023. Newcomer Toolkit External link opens in new window or tab. (PDF)
2 Elementary and Secondary Education Act (ESEA), as amended by the ESSA, Section 8101(20)
3
20 United States Code (U.S.C.) Section 7011(5)
4 CDE. 2020. Overview of Migrant Education in California
5 6 U.S.C. Section 279(g)(2)
6 HHS. 2021. Unaccompanied Children Frequently Asked Questions External link opens in new window or tab.
7
CDSS. 2021. Unaccompanied Refugee Minors Program External link opens in new window or tab.

Questions:   Language Policy and Leadership Office | 916-319-0845
Last Reviewed: Monday, June 09, 2025
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