The Polish educational landscape has undergone a significant transformation, evolving from a predominantly monocultural setting to a multicultural one characterized by national, linguistic, religious, and social diversity among students and their parents (Górak-Sosnowska & Markowska-Manista, 2022). Numerous international and national legal frameworks guarantee the right to education and rights in education. The most pivotal document in Poland is the Constitution of the Republic of Poland (Journal of Laws, 1997), particularly Article 72, which states: "The Republic of Poland shall ensure the protection of the rights of the child. Everyone shall have the right to demand that public authorities defend children against violence, cruelty, exploitation, and actions that undermine their moral sense." In addition, the Convention on the Rights of the Child, adopted on November 20, 1989 (United Nations, 1989), and ratified in Poland on December 23, 1991 (Journal of Laws of 1991, No. 120, item 526), further reinforces these rights. Furthermore, the Charter of Fundamental Rights of the European Union guarantees the right to education for all children (European Union, 2012).

In Poland, some regulations discussed ways of inclusivity of children with a migration background. According toPar. 13.1. of the Polish Act of 14 December 2016. Education Law(Journal of Laws, 2024a), it is necessary forschools and public institutions to create a variety of possibilities for students to maintain their sense of national, ethnic, linguistic, and religious identity. In addition, it is important to develop a proper and respectful environment for all children, thus Polish children and children with migration background to learn the language and their history and culture (Piwowarska, 2020)

Children with a migration background in Poland can be grouped into four main categories: Vietnamese migrants (who arrived in two waves, first for education and later for socio-economic reasons), "invisible migrants" (Polish children returning from abroad and entering the Polish education system), children from Ukraine (who began migrating after the 2022 war), and other groups like refugees, asylum seekers, and children of immigrants with various statuses (Szulgan, 2019; Zieliński, 2010; Szydłowska et al., 2017).

Students with migration backgrounds may encounter significant challenges and difficulties in Polish schools due to differences in the educational system, as well as cultural and social disparities. According to the Regulation of the Minister of National Education dated August 9, 2017, which outlines the principles for organizing and providing psychological and pedagogical assistance in public kindergartens, schools, and facilities (Journal of Laws, 2017), children with migration backgrounds often have special educational needs stemming from adaptation difficulties related to cultural differences or changes in their educational environment, including those resulting from previous education abroad. To support these students, preparatory classes can be organized in mainstream schools for those who do not speak Polish or have not yet achieved a sufficient proficiency level for effective learning. The educational curriculum for these pupils is aligned with the general education standards but is adapted in terms of content, teaching methods, and formats to accommodate their developmental, educational needs, and psychophysical capabilities, as far as the organizational and staffing capacities of individual schools permit (Journal of Laws, 2024b).

This paper aims to present an overview of current laws and regulations, as well as the actual situation within the Polish educational system concerning Ukrainian children with migration backgrounds, specifically from the perspective of their special educational needs in the context of education. It will also explore various perspectives and challenges faced by these students.

Since 2022, numerous studies have focused on Ukrainian students in Polish schools due to the war. These studies have examined the various ways Ukrainian children continue their education in Poland (Bobryk & Kochan, 2022). The educational situation often depends on parents' future plans and where they intend to live. Four main approaches to Ukrainian students attending Polish schools have been observed. First, many students continue their education in Ukrainian schools online. Second, some students attend Polish schools while also studying online with Ukrainian schools. Third, some children attend only Polish schools. Finally, there are cases where children are not enrolled in the Polish education system. However, this last scenario has changed with the new Regulation of the Minister of Education on 26 August 2024, which amended the rules for organizing education for Ukrainian children (Journal of Laws, 2024b). This paper seeks to examine the current international and national laws and regulations pertaining to the rights to education and inclusivity for students from Ukraine with migration backgrounds. Following this, a literature review will be conducted to identify the difficulties and challenges faced by Ukrainian students, Polish teachers, and Ukrainian intercultural assistants. Drawing on insights from desk research, we will discuss the actual situation within the educational system regarding Ukrainian children with migration backgrounds, particularly in terms of their special educational needs. In essence, this analysis will compare the established regulations and rights to equitable education and inclusivity with the realities and challenges encountered by students, intercultural assistants and teachers in schools.

Our analyses show that the rights of students with migration backgrounds are safeguarded by a range of international and national laws and regulations that promote inclusive education for those who should be recognized as having special educational needs. However, students, teachers, and intercultural assistants encounter numerous challenges in this context. Ukrainian students are introduced to a new school system, unfamiliar environments, and different peer groups in a foreign country that follows a distinct holiday calendar and employs a different core curriculum. Many of these students continue their education in Ukrainian schools concurrently, which can hinder their engagement and integration with Polish classmates. Furthermore, they often perceive their time in the Polish educational system as temporary and experience feelings of trauma and uncertainty, a sense of loneliness. Polish teachers frequently lack the experience and necessary support to effectively work with children who have experienced trauma and come from migration backgrounds. They also struggle to find the time to provide adequate support to these students. Additionally, there is often insufficient psychological assistance available to help children process their experiences and memories related to war and displacement. Ukrainian intercultural assistants also face significant challenges, including a lack of support and clarity regarding their roles within Polish schools, which contributes to their uncertainty about how best to assist students.

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