1. Open your browser on your cell phone
Go to: pollev.com/lozanosmith

2. Presented by: Joshua Whiteside
Immigration Enforcement, Students, and School Safe Havens CASCWA SCOE SARB Workshop August 31, 2017
Presented by:
Joshua Whiteside 2

3. Big Picture: Schools as a Safe Place to Learn
Safe for All Students
Big Picture: Schools as a Safe Place to Learn

4. Is ICE Coming to Your School?

6. ICE/DHS “Sensitive Locations” Policy
Stated purpose: To ensure no enforcement actions occur at sensitive locations, such as schools
Actions covered: arrests, interviews, searches, and surveillance
Exceptions:
Exigent circumstances
Other enforcement actions have led officers to a sensitive location

7. ICE/DHS “Sensitive Locations” Policy
Father arrested by ICE taking daughter to school
State Superintendent of Public Instruction requested clarification of the policy
Sensitive location policy still in effect

8. Safe Havens School District Resolutions
State Superintendent of Public Instruction Tom Torlakson urges schools to declare themselves “safe havens” for students who are in the country illegally
Progression of resolutions adopted between December to present

10. What does a “safe haven” mean?

11. Sanctuary Schools
Can the Government Withhold Federal Funds from Sanctuary Jurisdictions?
President Trump’s Executive Order
Subsequent nationwide injunction
Attorney General’s memorandum

12. Plyler v. Doe (1982) 457 U.S. 202
Students may not be denied education based on immigration status.

13. Guiding Legal Precepts
School districts may not ask for information that “chills” undocumented student’s access to an education
Enrolling undocumented students
Methods for establishing residency and age

14. Social Security Numbers
School may not collect or solicit social security numbers unless required by law.

15. Law Enforcement Requests
How do you handle law enforcement request for copies of student documents?

16. Law Enforcement Requests
California’s historical rule regarding school interaction with law enforcement: cooperation, no obstruction
Qualification: Student records laws
Qualification: Policy of parental notification
Qualification: Confirming law enforcement compliance

17. Student Records
Student records are confidential and cannot be disclosed to unauthorized persons, unless:
Parents provide written consent
An exception applies to the rule

18. Student Records Requests
Lawfully issued subpoena or court order
Parental consent not required before compliance
But, reasonable advanced notice of intent to comply

19. Student Records Requests
ICE agents may request student records or information, including records maintained regarding immigration status (if maintained), by way of:
Lawfully issued subpoena
Valid court order or search warrant
Exigent circumstances
Potential penalties for interference or “harboring,” etc.

20. Student Records Requests
Local law enforcement: Access to student records and information parallel to ICE
School resource officers: Cannot access student records for purposes beyond the scope of function within the district

21. Amending and Removing Student Records
Parents may request that student records be amended.
Upon request, the district must decide within a reasonable time whether to amend the records.
If the district decides not to amend the records, it must notify the parents of their right to a hearing regarding the request.

22. Parent Not Available
What if a parent does not show up to pick up a student from school?

23. How does the District approach this with students?
Student Free Speech
The District receives information that a protest to challenge immigration policy is planned during the school day. The protest organizers encourage people to stay home from work and school to participate in the protest.
How does the District approach this with students?

24. Student Free Speech
“It can hardly be argued that… students… shed their constitutional rights of speech or expression at the schoolhouse gate.”

25. Bullying: A Duty to Protect Students
All school staff who witness bullying shall immediately intervene to stop the incident when it is safe to do so.

26. Practical Steps and Options
Be sensitive to impacted communities
Have practical and legally compliant support and policies
Clarify the scope of schools’ authority and plan of action
Facilitate community resources and partnerships

27. Other Resources U.S. Department of Education CDE CSBA Sample Policies
Privacy Technical Assistance Center
CDE
CSBA Sample Policies
5125 BP and AR Student Records
BP and AR Directory Information
AR Withhold Grades, Diplomas or Transcripts
AR Challenging Student Records

28. Questions
Questions Slide

29. Take-Aways

30. Back Slide
Disclaimer: These materials and all discussions of these materials are for instructional purposes only and do not constitute legal advice. If you need legal advice, you should contact your local counsel or an attorney at Lozano Smith. If you are interested in having other in-service programs presented, please contact or call (559)
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