Dear LAFSD Families, Partners, and Community Members,
Many of you will have heard that on Tuesday the Federal government rescinded its previous guidance about avoiding immigration enforcement actions in schools, daycares, and what were described as other “sensitive locations”. The announcement may provoke fear and uncertainty for many - including students and families; as well as our team of teachers, school staff, and administrators who care deeply about ensuring access to a safe and meaningful education for all our students. My own view is that schools are not an appropriate location for this type of law enforcement, given the high risk of disruption, fear, and confusion that such actions would produce. Schools are places where the positive, trusting relationships between students, staff, parents, and providers serve as the foundation of learning.
At this early stage of this policy shift, there are strong signals that immigration enforcement will ramp up in the coming weeks and months. There are still many things we don’t know about what could mean for schools and communities around the country. However, existing law and our own Board policies provide several key provisions for immigration enforcement actions in schools, which I appreciate the chance to describe:
- The 1982 United States Supreme Court decision in Plyler v. Doe guarantees that every student in our schools is provided with a free and appropriate public education. Immigration status is not a consideration for enrollment in public schools or for the services a student receives once enrolled, and state law prohibits discrimination on the basis of immigration status.
- California’s AB699, passed in 2017, prohibits schools, except as required by state or federal law, from collecting information or documents regarding citizenship or immigration status of pupils or their family members.
- LAFSD Board Policy 5145.13, Immigration Enforcement, in keeping with California law, describes the District’s commitment to providing an education to all students without regard to immigration status.
- The Family Educational Rights and Privacy Act requires parent consent to disclose student records to immigration law enforcement authorities, unless there is a court order, or judicial subpoena.
In the unlikely event that there were an immigration enforcement action on our campuses, I have guided our school staff in the following manner:
- Staff should follow all directions and orders from immigration officers that are in the form of a warrant, subpoena, and judicial order. These are all legal documents with which school staff must comply.
- Staff should request that any written document such as a warrant, subpoena, or judicial order be reviewed by the Superintendent prior to any action taking place.
- Teachers and staff should contact their principal, who will call the Superintendent directly. The Superintendent would then seek immediate legal counsel as to the best course of action.
- In the absence of written order:
- If asked verbally by an immigration official, staff should not provide consent to access any part of the school campus other than the office. The office is open to the public by definition; all other parts of the campus are not.
- Staff do not need to volunteer the names of students, parents, or employees.
The California Attorney General’s Office recently issued guidance on immigration, which can be found on their website: oag.ca.gov/immigrant/resources. On this website you’ll find “Know Your Rights” information related to immigration status questions.
I appreciate the chance to share this with you. Please reach out to me or speak with your principal if you have any questions or concerns.
Warmly,
Brent Stephens
Superintendent