LTUSD provides assurance of education for all students, no matter immigration status

Even though the United States Supreme Court declared in 1982 that local school districts have a constitutional mandate to educate all students residing within their jurisdictional boundaries, regardless of their immigration status, actions of President Trump have caused concern among the Latino population of South Lake Tahoe and many other communities.

Following what the South Lake Tahoe Police Department, El Dorado County and the City of South Lake Tahoe have done or are planning to do, the Lake Tahoe Unified School District approved Resolution 2016/17-22 on Tuesday to "Provide all children equal access to education, regardless of immigration status."

While the resolution passed in South Lake Tahoe and others like it around the country do not change legal protection for students than already exists in the law, they help ease worries and fears of many residents. The District wants to ensure the safety and security of its students attending school to the best of its ability. They also direct staff how to respond to potential immigration enforcement activities by ICE or other immigration enforcement officers or agents. Resolutions have generally promised communities the following:

- District staff and school police will not ask about students’ or families’ immigration status;
- Districts will not share student information that may be used to ascertain the legal status of students;
- Districts will not participate in any voluntary information-sharing with ICE or other immigration enforcement officers or agents;
- Districts, in keeping with ICE’s policy stating it will not conduct immigration enforcement activity at “sensitive” locations absent exigent circumstances, will not allow ICE to enter school sites or district property without prior written approval from the superintendent whenever possible under the law;
- District school police and security personnel will not participate in ICE or Border Patrol or other immigration enforcement agent enforcement actions;
- Districts will not enter into any agreements with ICE to have their school police or security personnel enforce immigration laws; and
- Districts will support diversity, inclusion, and the values of the multicultural society

RESOLUTION NO. 2016/17-22
Providing All Children Equal Access to Education,
Regardless of Immigration Status
WHEREAS: The U.S. Supreme Court has held, in Plyler v. Doe, 457 U.S. 202 (1982), that local school districts have a constitutional mandate to educate all students residing within their jurisdictional boundaries, regardless of their immigration status;
WHEREAS: All students have a right to attend school free of bullying, intimidation, and discrimination;
WHEREAS: The Board of Education is committed to the success of all students irrespective of their immigration status or citizenship, and believes that every school site should be a welcoming place for all students and their families;
WHEREAS: The California Department of Education (CDE) has declared California public schools as welcoming, safe places for learning and teaching for all students, regardless of immigration status, reaffirming federal regulations and state law that prohibit educational agencies from disclosing personally identifiable student information to anyone, including law enforcement, without consent of a parent or guardian, or a court order or lawful subpoena, or in the case of a health emergency;
WHEREAS: The CDE recommends that local educational agencies do not collect or maintain documents that may be related to immigration status including, but not limited to, passports, visas, and social security numbers, as they are not needed by school districts, and place student privacy at an unnecessary risk;
WHEREAS: The U.S. Immigration and Customs Enforcement (ICE) 2011 policy states that immigration enforcement activity will not be conducted at any “sensitive” location, which includes schools, without special permission by specific federal law enforcement officials, unless exigent circumstances exist that are related to national security, terrorism, public safety, or where there is imminent risk of the destruction of evidence material to an ongoing criminal case; and
WHEREAS: ICE activities in and around schools and school facilities would be a severe disruption to the learning environment and educational setting for students;
NOW, THEREFORE, BE IT RESOLVED: The Board of Education reaffirms that pursuant to federal and state law, every student has the right to attend school regardless of the child’s immigration status;
BE IT FURTHER RESOLVED: That the Board of Education confirms that all District students who are eligible to receive school services, including free or reduced price lunch and breakfast, transportation, and educational services, regardless of their immigration status, are entitled to receive those school services, and that staff shall not take any steps that would deny students access to education or the services provided based on their immigration status;
BE IT FURTHER RESOLVED: In order to provide a public education, regardless of a child's or family's immigration status, absent any applicable federal, state, local law or regulation, local ordinance, or court decision that may lawfully provide otherwise, the District shall act consistent with the following practices:
1. District personnel shall not treat students differently for residency determination purposes on the basis of their actual or perceived immigration status and shall treat all students equitably in the receipt of all school services for which they are eligible.
2. District personnel shall not inquire about a student's immigration status or require documentation of a student's legal status, such as asking for a visa or passport, during enrollment or at any other time.
3. District personnel shall review the list of documents that are currently used to establish residency and shall ensure that any required documents would not unlawfully bar or discourage a student who is undocumented or whose parents are undocumented from enrolling in or attending school.
4. District personnel shall neither require students to apply for Social Security numbers nor require students to provide a Social Security number, passport or visa.
5. District personnel shall not to allow any immigration enforcement officer or agent to enter a school site without first signing in with the school administration and making a request to enter campus, and shall forward any request by immigration enforcement agents to enter a school site (including for the services of lawful subpoenas, petitions, complaints, warrants, etc.) to the Superintendent's office for review, in consultation with District legal counsel.
6. District personnel, when encountering immigration enforcement agents who are on school grounds on account of urgent or “exigent” circumstances, shall direct them to the school office and alert an administrator to contact the Superintendent’s office and legal counsel.
7. District personnel shall immediately send all requests by immigration enforcement agents for information or documents to the Superintendent, who in consultation with District legal counsel, shall consider all legally permissible actions that may be taken to respond to such requests to protect the privacy rights of students and their families.
8. District personnel shall not enter into any agreement with ICE to enforce federal immigration law, and shall not participate in any ICE or Border Patrol enforcement actions.
9. District personnel, as designated by the Superintendent, along with District legal counsel, shall review the impact of any changes in federal immigration laws, state laws, and policies or programs that may impact students, and develop solutions aimed at preventing and/or mitigating the impact on both students and employees that may arise from the collection of, storage of, or access to any personally identifiable information for immigration enforcement purposes.
10. District personnel shall take all reasonable measures so that after-school program providers and other service providers that have access to student or family information will also follow the actions described herein.
BE IT FURTHER RESOLVED: That the Superintendent shall ensure that all teachers, school administrators and school and District office staff will be adequately trained on how to implement this Resolution;
BE IT FURTHER RESOLVED: That the Superintendent shall ensure that all parents/guardians will receive notification of this resolution to fully inform students and their families of their rights in the District;
BE IT FURTHER RESOLVED: That the Superintendent shall distribute copies of this Resolution to all school sites and to any District-authorized charter schools.