Right to Learn Act of 2026
H.R. 9853119th Congress

Right to Learn Act of 2026

Introduced in the HouseRep. Jesús García (D-IL-4)60 sections · 5 min read
Version: Introduced in House · Jul 22, 2026

Section 1. Short title

This Act may cited as the Right to Learn Act of 2026.

Section 2. Definitions

In this Act:

(1) Community-based nonprofit organization

The term community-based nonprofit organization means a nonprofit entity that—

(A) demonstrates expertise in trauma-informed care, educational equity, or immigrant family services; and

(B) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code.

(2) Culturally responsive care

The term culturally responsive care means practices, policies, or interventions that—

(A) recognize and affirm students’ cultural, linguistic, and community backgrounds;

(B) ensure that educational and mental health services are inclusive, equitable, and accessible to individuals of all racial, ethic, and national origins; and

(C) integrate students’ and families’ cultural strengths and perspectives into trauma-informed and educational support programs.

(3) Early childhood program

The term early childhood program means a Head Start or Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), or a prekindergarten program that is licensed or regulated by a State and that receives Federal or State funds.

(4) Eligible entity

The term eligible entity means—

(A) a local educational agency;

(B) a public school;

(C) an early childhood program;

(D) an institution of higher education;

(E) a community-based nonprofit organization; or

(F) a legal service provider.

(5) Immigration enforcement action

The term immigration enforcement action means any action carried out by or on behalf of the Department of Homeland Security for the purpose of enforcing the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)).

(6) Institution of higher education

The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

(7) Know Your Rights services

The term Know Your Rights services means services that provide accurate, age-appropriate, and culturally and linguistically responsive information to students, families, educators, and school personnel regarding legal rights and available protections under Federal, State, and local law, including with respect to interactions with immigration enforcement, access to education and related services, due process rights, and protections against discrimination and unlawful search or questioning.

(9) Local educational agency

The term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(10) School personnel

The term school personnel means teachers, principals, administrators, school counselors, social workers, school psychologists, nurses, paraprofessionals, transportation staff, food service workers, custodial staff, security personnel, and any other individuals employed by, under contract with, or volunteering on behalf of an eligible entity described in subparagraphs (A) though (D) of paragraph (4).

(11) Specified individual

The term specified individual means an individual—

(A) who is not a United States national and who is present in the United States with or without lawful status under the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)); or

(B) who has a household member who is not a United States national and who is present in the United States with or without lawful status under the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)).

(12) Trauma-informed practice

The term trauma-informed practice, when used with respect to an approach to immigration enforcement action, means an approach in education or social services that recognizes and addresses the impact of traumatic stress on students, families, and staff, including through principles of safety, trust, empowerment, peer support, choice, and cultural responsiveness.

Section 3. Purpose

The purposes of this Act are to—

(1) provide emergency resources to eligible entities to support students and educators impacted by immigration enforcement actions;

(2) ensure that schools remain safe, trauma-informed environments for learning, especially for students who are specified individuals;

(3) affirm and reinforce the constitutional right to free, public education for all children, regardless of immigration status, as recognized in Plyler v. Doe, (457 U.S. 202 (1982)), and to prohibit discriminatory measures based on immigration status;

(4) reduce absenteeism, disengagement, bullying, and academic decline resulting from immigration enforcement action-related trauma and instability; and

(5) support educators and staff in effectively responding to the needs of students who are specified individuals and their families.

(a) Authority

The Secretary of Education shall establish a competitive grant program to award funds to eligible entities for the purposes described in subsection (c).

(b) Period of grants

Grants awarded under this Act shall be for a initial period not to exceed 3 years, but may be renewed annually as determined appropriate by the Secretary of Education based on performance and evaluation.

(c) Use of funds

An eligible entity receiving a grant under this Act may use grant funds for the following purposes:

(1) Student-focused stabilization services for students impacted by immigration enforcement actions, including—

(A) hiring or expanding access to bilingual counselors, social workers, trauma-informed staff, or school psychologists;

(B) providing emergency assistance, including transportation, food, clothing, temporary shelter, or legal service navigation (including referral to legal service providers, partnerships with legal service providers, and payment of administrative or court fees related to immigration proceedings);

(C) supporting in-school mental health services, community-based mental health providers, peer support groups, family-based counseling or therapeutic services, and safe and supporting school environments for students experiencing anxiety, fear, or trauma stemming from immigration enforcement actions; and

(D) developing and delivering curriculum or instructional content concerning the history, contributions, and experiences of immigrants in the United States to foster inclusion and cultural awareness.

(2) School personnel-focused services and training, including—

(A) providing mental health services, peer-support networks, or counseling to school personnel impacted by immigration enforcement actions (including school personnel who are specified individuals); and

(B) professional development and training on—

(i) trauma-informed practices with respect to immigration enforcement actions;

(ii) legal rights of immigrant students and families; and

(iii) culturally responsive care and immigration-related crisis response protocols.

(3) Community collaboration and family engagement with respect to immigration enforcement actions, including—

(A) partnering with legal service providers, community-based nonprofit organizations, or family advocacy centers to provide Know Your Rights services, family reunification resources, and deportation defense or legal support;

(B) coordinating with local governments, local educational agencies, and community stakeholders to develop or revise protocols for school responses during immigration enforcement actions;

(d) Selection criteria; priorities

In awarding grants under this Act, the Secretary of Education shall determine appropriate selection criteria, and shall give priority to an eligible entity that meets one or more of the following criteria:

(1) Serves a local educational agency or student population that is located in a community with immigration enforcement action.

(2) Serves populations with high rates of specified individuals.

(3) Has established partnerships with community-based nonprofit organizations or legal service providers.

(e) Technical assistance, oversight, and evaluation

The Secretary of Education may reserve up to 5 percent of funds made available to carry out this Act for evaluation, oversight, monitoring, and technical assistance to grantees.

(1) Prohibition on status inquiry or disclosure

In carrying out this Act, the Secretary of Education or an eligible entity receiving funds under this Act may not request, collect, or disclose personally identifiable information concerning the immigration or citizenship status of any student or family member, except where such disclosure is expressly required by a Federal law other than this Act that relates to the collection or disclosure of immigration or citizenship information for the administration of a Federal program or investigation, or by a judicial order issued under such a law.

(2) Data to administer grant

To administer and carry out the grant program under this Act, the Secretary of Education and any eligible entity receiving funds under this Act may use non-personally identifiable information from Federal, State, or local governments or local educational agencies to determine, within a community to be served by a grant under this Act, the occurrence of immigration enforcement action and the population of specified individuals.

(b) Nondiscrimination

No eligible entity may deny or limit services or supports provided under this Act on the basis of actual or perceived immigration status of a student, family member, or school personnel who is impacted by immigration enforcement action.

(c) Compliance

Each eligible entity applying for a grant under this Act shall certify compliance with applicable Federal privacy and civil rights laws, as determined by the Secretary of Education, including the Family Educational Rights and Privacy Act (20 U.S.C. 1232g) and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).

Section 6. Authorization of appropriations

There are authorized to be appropriated to carry out this Act $250,000,000 for each of the fiscal years 2027 through 2031.

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