Protecting Students’ Rights in Connecticut Schools Amid Immigration Enforcement Concerns
How Education Professionals Can Safeguard Students’ Rights in Response to Immigration Enforcement
As federal immigration policies continue to evolve, schools in Connecticut are concerned regarding potential immigration enforcement activities impacting students and families. For educators, administrators, and staff, it is essential to understand the legal rights of students, particularly when it comes to immigration enforcement in school settings. In Connecticut, every child—regardless of immigration status—has a right to a free public education, and that right must be protected.
In this post, we provide guidance on how Connecticut school districts can navigate these concerns, safeguard students’ rights, and ensure that the school environment remains a safe, supportive space for all learners.
Student Rights: FERPA and Plyler v. Doe
Under the Family Educational Rights and Privacy Act (FERPA), educational institutions are prohibited from disclosing personally identifiable information (PII) about students without the written consent of a parent or guardian, or the student if they are 18 years or older. This includes any information that could identify a student or their family members. For schools, this means that unless there is a valid judicial warrant or subpoena, immigration enforcement agencies such as ICE (U.S. Immigration and Customs Enforcement) or CBP (U.S. Customs and Border Protection) cannot access student records or personally identifiable information.
In addition to FERPA, Plyler v. Doe (1982) is a critical U.S. Supreme Court case that guarantees all children—regardless of immigration status—the right to attend public school. This decision underscores that a student’s immigration status should never be a barrier to their access to education, and schools must take active measures to ensure this right is upheld.
What Should Schools Do If Immigration Agents Arrive?
If ICE or CBP agents attempt to enter school grounds, interview students, or access student records, there are several important steps that school administrators must follow to protect the rights of students and maintain compliance with federal and state law:
Direct Agents to the Superintendent: School staff should immediately refer immigration agents to the Superintendent’s office for any inquiries. This ensures a uniform response and allows for appropriate legal guidance to be sought.
Verify Legal Documentation: Immigration agents must present a judicial warrant (signed by a judge) before they can access any student records or attempt to interview a student. Administrative warrants, which are less formal, do not provide sufficient legal authority for such actions in a school setting. Without a valid judicial warrant, the school is not required to grant access.
Notify Parents and Guardians: If ICE or CBP agents attempt to remove a student from school or interview them, the school must notify the student’s parent or guardian immediately. Parental involvement is crucial to ensure students’ legal rights are protected.
Protect the Plyler v. Doe Rights: Schools are prohibited from aiding or facilitating the removal of a student from school based on their immigration status. Schools must adhere to the Plyler v. Doe ruling and ensure that every student is permitted to attend school, regardless of their legal status.
Maintain Student Privacy: While schools may release directory information (e.g., name, grade level, dates of attendance) without parental consent, schools should limit the disclosure of such information and ensure that they have a clear opt-out policy for parents or guardians who do not want their child’s directory information shared. Immigration enforcement agencies do not have access to student records without proper legal authorization, and school staff must ensure this protection is upheld.
Legal Considerations and Best Practices for Schools
School districts should take proactive steps to ensure they are prepared to handle any immigration enforcement actions effectively:
Review Enrollment Policies: Schools should ensure that their enrollment processes do not ask for unnecessary information that could expose students or their families to risks based on immigration status, such as passport details, visa information, or Social Security numbers.
Educate Staff on Legal Protections: It is important that all school staff members are aware of the Plyler v. Doe decision and FERPA’s protections around student privacy. Staff should be trained on how to handle potential interactions with immigration officials and how to direct requests for student records or interviews to the appropriate legal counsel.
Develop Protocols: Schools should establish clear protocols for handling immigration enforcement requests. This may include identifying key personnel to handle such situations, establishing communication strategies with parents, and ensuring that legal counsel is available for consultation when needed.
If you have any questions regarding these policies or need assistance with preparing your school or district for potential immigration enforcement scenarios, Zangari, Cohn, Cuthbertson, Duhl and Grello P.C. is here to help. Our team of education law experts can provide guidance, resources, and support to ensure your school complies with all relevant laws while protecting the rights of your students.