Limiting Immigration Enforcement in Schools - 4300

Mukilteo School District
Community Relations - Series 4000
Limiting Immigration Enforcement in Schools - 4300

 

Applicability of Policies to Immigration Enforcement

Mukilteo School District adheres to all requirements of federal and state law.

The provisions of this policy will apply to Mukilteo School District and all school facilities, which include (but are not limited to) adjacent sidewalks, parking areas, sports facilities, playgrounds, and entrances and exits from said building spaces.

Mukilteo School District’s policies prohibiting participation or aid in immigration enforcement will apply for enforcement activity against students and their families, staff, and volunteers.

Mukilteo School District personnel will presume that activities by federal immigration authorities, including surveillance, constitute immigration enforcement.

Access to Schools

Mukilteo School District has a responsibility to ensure that all students who reside within their boundaries can safely access a free public K-12 education.

Mukilteo School District does not exclude students from receiving an education or unlawfully discriminate against anyone because of their race, color, national origin, age, disability, gender identity, immigration or citizenship status, sex, creed, use of a trained dog guide or service animal by a person with a disability, sexual orientation, or on any other basis prohibited by federal, state, or local law.

Mukilteo School District will uphold its responsibility to all students and ensure that all staff and volunteers are aware of the rights of immigrant students to an education.

Immigration Enforcement on School Campus

  1. Mukilteo School District does not grant permission for any person engaging in, or intending to engage in, immigration enforcement, including surveillance, to access the nonpublic areas of the District facilities, property, equipment, databases, or otherwise on school grounds or their immediate vicinity. Mukilteo School District staff will direct anyone engaging in, or intending to engage in, immigration enforcement, including federal immigration authorities with official business that must be conducted on District property, to a school administrator or authorized designee prior to permitting entrance to school grounds. District staff will presume that activities by federal immigration authorities, including surveillance, constitute immigration enforcement.

  2. If anyone attempts to engage in immigration enforcement on or near District grounds, including requesting access to a student, employee, or school property:

    1. District staff will immediately alert and direct the person to a school administrator, who will: verify and record the person’s credentials (at least, name, agency, and badge number), record the names of all persons they intend to contact, collect the nature of the person’s business at the school, request a copy of the court order or judicial warrant, log the date and time, and forward the request to the Superintendent, authorized designee and/or legal counsel for review.

    2. District staff will request that any person desiring to communicate with a student, enter school grounds, or conduct an arrest first produce a valid court order or judicial warrant.

    3. The Superintendent, authorized designee and/or legal counsel will review the court order or judicial warrant for signature by a judge and validity. For the District to consider it valid, any court order or judicial warrant must state the purpose of the enforcement activity, identify the specific search location, name the specific person to whom access must be granted, include a current date, and be signed by a judge.

    4. The Superintendent, authorized designee, and/or legal counsel will review written authority signed by an appropriate level director of an officer’s agency that permits them to enter District property, for a specific purpose. If no written authority exists, the Superintendent or authorized designee will contact the appropriate level director for the officer’s agency to confirm permission has been granted to enter District property for the specific purpose identified.

    5. Upon receipt and examination of the required information, the Superintendent, authorized designee and/or legal counsel will determine whether a school will allow access to contact or question the identified individual and will communicate that decision to the school principal.

    6. The Superintendent, authorized designee and/or legal counsel will make a reasonable effort, to the extent allowed by the Family Educational Rights and Privacy Act (FERPA), to notify the parent/guardian of any immigration enforcement concerning their student, including contact or interview.

    7. The Superintendent, authorized designee and/or legal counsel will request a District representative be present during any interview. A school will not permit access to information, records, or areas beyond that specified in the court order, judicial warrant, or other legal requirement.

Gathering Immigration Related Information

  1. District staff may review, but will not inquire about, request, or collect any information about the immigration or citizenship status or place of birth of any person. District staff will not seek or require, to the exclusion of other sufficient and permissible information, information regarding a student’s or their parent or guardian’s citizenship or immigration status.

  2. Mukilteo School District’s policies and procedures for gathering and handling student information during enrollment or other relevant periods will be delineated in writing and made available to students and their parent or guardian(s) at least once per school year in a manner for households with individuals that have Limited English Proficiency (LEP) to understand.

  3. If the District is required to collect information related to a student’s national origin (e.g., information regarding a student’s birthplace, or date of first enrollment in a U.S. school) to satisfy certain federal reporting requirements for special programs, District staff will:

    1. If feasible, consult with legal counsel to seek an alternative, including alternatives to the specific program or documents accepted as adequate proof for the program;

    2. Provide notice to the student’s parent(s) and/or guardian(s);

    3. Explain to the student and student’s parent(s) and/or guardian(s), in their requested language, the reporting requirements, including possible immigration enforcement impact; and

    4. Mitigate deterring school enrollment of immigrants or their children by collecting this information separately from the school enrollment process.

    The District Superintendent, authorized designee and/or legal counsel will request a District representative be present during any interview. Schools will not permit access to information, records, or areas beyond that specified in the court order, judicial warrant, or other legal requirement.

Responding to Requests for Information

  1. District staff will not share, provide, or disclose personal information about any person for immigration enforcement purposes without a court order or judicial warrant requiring the information’s disclosure or approval by a school administrator. Requests by federal immigration authorities will be presumed to be for immigration enforcement purposes.

  2. District staff will immediately report receipt of any information request relating to immigration enforcement to the school principal who will document the request and refer the request to the Superintendent, authorized designee and/or legal counsel.

  3. District will, to the extent allowed by FERPA, notify an affected student’s parent(s) and/or guardian(s) immediately of any request for information relating to immigration enforcement unless advised otherwise by District legal counsel.

Use of School Resources

  1. District resources will not be used for immigration enforcement.

  2. District resources and policies regarding immigration enforcement will be published and distributed to parent(s) and/or guardian(s) on an annual basis. These resources will include, at minimum:

    1. The right of immigrant students to receive an education, including accommodations for limited English proficiency and special education programs;

    2. General information policies including the types of records maintained by the District and a list of the circumstances or conditions under which the District might release student information to third parties, including limitations under FERPA and other relevant law;

    3. Policies regarding the retention and destruction of personal information;

    4. The process of establishing notice and/or consent from parent(s) and/or guardian(s), as permitted under federal and state law, prior to releasing a student’s personal information for immigration enforcement purposes;

    5. Name and contact information for the District’s designated point of contact on immigration related matters; and

    6. “Know Your Rights” resources and emergency preparedness forms to have completed in the event of a family separation.

 

Legal References:

RCW 43.10.310 Immigration enforcement model policies
RCW 49.60.030 Freedom from discrimination-Declaration of civil rights
RCW 28A.642 Discrimination Prohibition

 

 

Adoption Date: October 12, 2020