Limiting Immigration Enforcement in Schools

Applicably of Policies to Immigration Enforcement:

• Burlington-Edison School District adheres to all requirements of federal and state law.

• The provisions of this policy shall apply to [public school] 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.

• Burlington-Edison School District’s policies prohibiting participation or aid in immigration enforcement shall apply for enforcement activity against students and their families, staff, and volunteers.

• Burlington-Edison School District personnel shall presume that activities by federal immigration authorities, including surveillance, constitute immigration enforcement

Access to Schools:

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

• Burlington-Edison 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.

• Burlington-Edison 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:

• Burlington-Edison 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 Burlington-Edison School District facilities, property, equipment, databases, or otherwise on school grounds or their immediate vicinity. Burlington-Edison School District staff shall direct anyone engaging in, or intending to engage in, immigration enforcement, including federal immigration authorities with official business that must be conducted on Burlington-Edison School District property, to the [school principal or authorized designee] prior to permitting entrance to school grounds. Burlington-Edison School District staff shall presume that activities by federal immigration authorities, including surveillance, constitute immigration enforcement.

• If anyone attempts to engage in immigration enforcement on or near Burlington-Edison School District grounds, including requesting access to a student, employee, or school property:

  • Burlington-Edison School District staff shall immediately alert and direct the person to the [school principal or authorized designee], who shall: 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 and/or legal counsel for review.

  • Burlington-Edison School District staff shall 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.

  • The District Superintendent [or authorized designee and/or legal counsel] shall review the court order or judicial warrant for signature by a judge and validity. For Burlington-Edison School 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.

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

  • Upon receipt and examination of the required information, the District Superintendent [or authorized designee and/or legal counsel] will determine whether Burlington-Edison School District shall allow access to contact or question the identified individual and will communicate that decision to the [school principal or authorized designee].

  • The District Superintendent [or authorized designee and/or legal counsel] shall 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.

  • The District Superintendent [and/or legal counsel or authorized designee] shall request the presence of a Burlington-Edison School District representative to be present during any interview. Burlington-Edison School District shall 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

• Burlington-Edison School District staff may review, but shall not inquire about, request, or collect any information about the immigration or citizenship status or place of birth of any person. Burlington-Edison School District staff shall not seek or require, to the exclusion of other sufficient and permissible information, information regarding a student’s or his/her parent or guardian’s citizenship or immigration status.

• Burlington-Edison School District policies and procedures for gathering and handling student information during enrollment or other relevant periods shall 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.

• If Burlington-Edison School 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, Burlington-Edison School District staff shall:

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

  • 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;

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

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

The District Superintendent [and/or legal counsel or authorized designee] shall request the presence of a Burlington-Edison School District representative to be present during any interview. Burlington- Edison School District shall 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

• Burlington-Edison School District staff shall 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 [school principal or authorized designee]. Requests by federal immigration authorities shall be presumed to be for immigration enforcement purposes.

• Burlington-Edison School District staff shall immediately report receipt of any information request relating to immigration enforcement to [school principal or authorized designee] who shall document the request and refer the request to the [Superintendent and/or legal counsel or authorized designee].

• Burlington-Edison School District shall, 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 [public school legal counsel].

Use of School Resources

• Burlington-Edison School District resources shall not be used for immigration enforcement.

• Burlington-Edison School District’s resources and policies regarding immigration enforcement shall be published and distributed to parent(s) and/or guardian(s) on an annual basis. These resources shall include, at minimum:

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

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

  • Policies regarding the retention and destruction of personal information;

  • 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;

  • Name and contact information for Burlington-Edison School District’s designated point of contact on immigration related matters; and

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

Procedure

Adoption Date: 10.20;

Classification: Essential

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