Newsday
State officials issued guidance this week on how schools can protect the rights of immigrant students, including those who are undocumented, just days before President-elect Donald Trump is set to take office on Monday.
The state department of education, along with the offices of Gov. Kathy Hochul and state Attorney General Letitia James, released the 9-page guideline on Thursday. It "highlights and clarifies relevant resources for school districts" regarding state and federal law.
The document, titled "New York State Guidance on Safeguarding the Rights of Immigrant Students," addresses issues such as enrollment requirements at schools, releasing student information and potential law enforcement detention of students.
"In light of recent threats of increased federal immigration actions in our communities, we write to reaffirm that schools should remain a safe haven where all students are welcomed and provided a free public education," state officials said in the document.
Trump has said that he would issue executive orders to shut down the U.S.-Mexico border and begin deportations during his first days in office. The details of his plans have not been released, but one local advocate said the incoming administration has some immigrants concerned.
"You almost physically feel the tremor" of fear and uncertainty, said Minerva Perez, executive director of the nonprofit Latino advocacy group OLA of Eastern Long Island.
"We’re experiencing all kinds of questions, fears, concerns," she said. The number one worry among families, she noted, was regarding the education and safety of their children.
The guidance issued this week states that personal information about a student such as immigration status, citizenship or national origin information or documentation cannot be released without a "judicial order or lawfully-issued subpoena." If officials receive a subpoena, school districts must contact their attorneys before disclosing any student information, the document says.
Other key guidance includes:
Students should not be refused admission to a school based on their "national origin, immigration status, race or language proficiency," among other grounds.
School officials must "immediately" enroll homeless migrant students who lack required documentation.
The Family Education and Privacy Rights Act of 1974 prohibits school officials from disclosing records with information about students’ immigration status to School Resource Officers.
Unless a warrant or an order authorizing the custody is issued, "law enforcement officers may not remove a student from school property or interrogate a student" without the consent of a parent or person in parental relation.
The guidance also notes that schools should have updated emergency contact information and secondary emergency contact in case a parent is detained or deported.
"This can be particularly important in the event that immigration enforcement affects a parent or guardian’s ability to provide care," the guidance states.
Bob Vecchio, executive director of the Nassau-Suffolk School Boards Association, said the guidelines were a "good guidance document" that reminds schools officials of the legalities regarding students and their rights.
Perez, of the OLA of Eastern Long Island, said she was encouraged by the state’s guidance. It makes policies and practices regarding immigrant students "clear to everyone involved," she said.
"We know our schools are going to embrace this guidance and we’re going to be there to support and to continue to work as partners," she said. Source: https://www.newsday.com/long-island/education/schools-immigration-new-york-aes6kdba
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