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FIRST READ - March 14, 2017

Section
Section 2000: Students

Title
Undocumented Immigrant status: the protection of students regardless of immigration status

Number
02.31

Status
Proposed

I. PURPOSE
To establish uniform criteria for responding to requests for access to
undocumented students or information regarding undocumented students to
provide students and their families the promise and reassurance that their right
to a public education will be protected in accordance with the law and free from
disruptive enforcement efforts related to their undocumented status.

II. ISSUE
Undocumented students have the case law protected right to a public education
(Plyler v Doe 1982). However, despite internal memos from US Immigration and
Customs Enforcement (ICE), undocumented students do not have absolute
protection from enforcement actions brought forth by ICE officials or agencies
acting on their behalf. These actions range from requests for information to
apprehension.

III. POLICY

A) If an ICE agent, state or local official acting on behalf of ICE, requests information
about a student or access to a student, this policy provides that all teachers,
principals, and all support staff except for the Superintendent or his/her designee,
will not have the authority to approve the request and will refer the agent to the
office of the Superintendent of Schools for the Christina School District. The office
of the Superintendent will employ counsel to ensure all requests are lawful prior to
compliance with the request. This policy affirms that immigration status is not
sufficient cause for law enforcement action in policy 2.22.
FIRST READ - March 14, 2017

B) Any such official as named above shall not be allowed access to any records, school
or other District facility except to the extent required by law and only upon the
written consent of the office of the Superintendent of Christina Schools. The
Superintendent may assign a designee to fulfill this role.

C) The Board affirms that certificated district employees have the academic freedom to
discuss this policy during class time provided it is age appropriate; and students are
to be made aware that counselors are available to discuss the subjects contained in
this policy.

D) District staff shall not inquire about or record a students immigration status, or the
immigration status of the students parent(s), guardian(s) or family members.

E) The Christina School District will provide annual professional development to all
support and building personnel regarding this policy and provide an annual report to
the Board of Education every October.

F) Under this policy, the Christina School District Board of Education reaffirms our
commitment to a safe, welcoming, and inclusive environment for every student
without regard to their race, religion, national origin or immigration status.

IV. REVIEW AND REPORTING


The Superintendent or his/her designee will report each year to the Board on the
status of this policy.

V. REFERENCES:

http://www.cnn.com/2017/02/23/us/public-schools-immigration-crackdown/

http://www.edweek.org/ew/articles/2017/03/01/how-much-can-schools-protect-undocumented-
students.html

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