Meet the Superintendent

GENERAL MESSAGE REGARDING IMMIGRATION

January 24, 2025

Dear Families and Staff,

In recent weeks, the topic of immigration has been at the forefront of national discussion, fueled by the latest election and the subsequent executive orders issued by the new federal administration. These developments include calls for heightened immigration enforcement, which have understandably raised questions and concerns within our community.

We want to take this opportunity to reaffirm some important facts about public education and your rights. The United States Supreme Court, in Plyler v. Doe (1982), established that no public school district can deny children access to education based on their immigration status. This means that every child, regardless of their or their parents' immigration status, has the right to a public education.

Additionally, the Family Educational Rights and Privacy Act (FERPA) protects the privacy of student education records. FERPA ensures that personally identifiable information about students cannot be shared without parental consent, except in limited circumstances, such as compliance with a judicial order. This federal law overrides any conflicting state requirements and prohibits schools from disclosing student records to immigration or law enforcement agencies without proper authorization.

We understand that the ongoing conversations around immigration may cause anxiety or uncertainty for some members of our community. Please know that our district is committed to providing a safe, welcoming, and supportive learning environment for every student. Attached, you will find resources and guidance to help protect student rights and privacy, as well as additional information about relevant laws and available support services.

As always, our focus remains on fostering an environment where all students can learn, thrive, and achieve their full potential. We thank you for your continued partnership as we navigate these challenging times together.

Better Together,
 
 
 Jim Larson-Shidler, Interim Superintendent

Protecting Students' Rights & Privacy

Guidance for Protecting Rights and Privacy of Students and Their Families

Purpose and Goals

The purpose of this guidance is to:

1.  Provide clear instructions for all school staff on how to respond to requests for student or family information.
2.  Ensure compliance with federal and state laws, including  FERPA, civil rights protections, and policies related to immigration enforcement in schools.
3.  Protect the rights, safety, and privacy of all students and their families.
4.  Promote an equitable, supportive school environment for all students.

Foundational Resources

This document is grounded in the following legislation and foundational resources:

• Title VI of the Civil Rights Act of 1964
• FERPA - Protecting Student Privacy - U.S. Department of Education
• U.S. Supreme Court Decision - Plyler v. Doe (1982)
• Every Student Succeeds Act (ESSA) (2015)
• Michigan's Elliott-Larsen Civil Rights Act (ELCRA)
• Dear Colleague Letter Resources for Ensuring Equal Access to Education for Immigrant Students. (En Espanol) (Updated January 8, 2025)

Practical Steps for the District

• Connect with local organizations: Identify and familiarize yourself with organizations across Michigan that support immigrant rights.
• Review enrollment paperwork: Ensure your district's enrollment forms  do not include questions about citizenship or immigration status.
• Engage in learning and planning: Incorporate immigrant rights into your district's learning initiatives and action plans including front office staff and transportation personnel.

Steps to Be Taken by District/School Staff

General Guidelines for All Staff

• Do not share personally identifiable information (PII)about any student's education record without the parent or eligible student's signed and dated written consent, except as provided in § 99.31.
• Refer all requests for information to the designated district/school administrator immediately.
• Maintain confidentiality in all discussions regarding students, both on and off campus.
• For detailed guidance tailored to specific staff roles, refer to "Immigration Rights Schools Need to Know." Additionally, consult the FIRM Q&A resource for specific steps to take if ICE appears at your school.

Scenarios for Specific Roles and Responsibilities

1.  Front Office Secretary/Receptionist:

• If someone requests student information:
• Respond:"/ am not authorized to re/ease that information. Let me connect you with our school administrator."
• Notify the designated school administrator immediately.
• Keep a written record of the request, including the name and organization of the requester and the details of the request.

2.  Teachers and Support Staff:

• Direct all inquiries about student information to the school administrator.
• Do not discuss a student's immigration status, home language, or personal information with anyone outside the school because that may violate  FERPA.
• Incorporate privacy practices into classroom activities (e.g., do not publicly share student details in assignments, discussions, or displays).

3.  District/School Administrators:

• Identify and clearly communicate who the designated administrator is for responding to situations involving law enforcement or immigration officials.
• Review all requests for information and consult legal counsel or district privacy officers before responding.
• If law enforcement or immigration officials request information or access to a student:
  1. Politely decline and say: "We follow district policy and cannot provide any information without consulting legal counsel."
  2. Request official documentation (e.g., a subpoena or warrant) and verify its validity.
     • Notify the district's legal team immediately.
     • Notify the student's parent(s) or legal guardian
• Conduct training sessions for staff on  FERPA and privacy policies.

4.  Assigned School Security Personnel (if applicable):

• Follow district policies regarding access to student information.
• Ensure any enforcement action is consistent with school policies and federal laws protecting students' privacy and rights.

5. Students and/or Parents:

If approached by law enforcement or immigration officials:

Students:

• Politely decline to engage and say: "I'm sorry, I can't talk to strangers."
• Remain silent if further questioned.
• Immediately find a staff member if the student is on campus.

Parents:

• Stay calm and refrain from answering questions.
• Do not reveal personal information (e.g., names, birthdays, phone numbers).
• Politely exercise your right to privacy.

Hamtramck Public Schools
Minutes of Regular Meeting Board of Education
Wednesday, January 18, 2017

Motion by Member Major
Seconded by Member Obaid

WHEREAS: The United States Supreme Court held in Plyer v. Doe (1982) that no public school district has a basis to deny children access to education based on their immigration status, citing the harm it would inflict on the child and society itself, and the equal protection rights of the Fourteenth Amendment;

WHEREAS: Migration to this country is often propelled by social, economic, and political factors and native country conditions, which result partly from U.S. government and corporate policies and interests, and thus immigrants and their families are here entitled to compassionate and humane treatment in this country;

WHEREAS: Ensuring that our schools are safe and inviting for all students and their families will facilitate the physical safety and emotional well-being of all children in the District, and is paramount to students' ability to achieve;

WHEREAS: This safe and inviting environment would be disrupted by the presence of immigration agents who come onto District property for the purposes of removing students or their family members, or obtaining information about students and their families;

WHEREAS: Immigration and Customs Enforcement ("ICE"} activities in and around schools, early education centers, and adult school facilities would be a severe disruption to the learning environment and educational setting for students;

WHEREAS: Immigration enforcement activities around schools create hardships and barriers to health and educational attainment, and a pervasive climate of fear, conflict and stress that affects all students in our District, regardless of their background or status, such that children who have a status but whose family members, friends, or schoolmates do not, and students who are themselves undocumented, are all affected and at risk;

WHEREAS: Threats of legal action, and particularly of separation and deportation, against students and their families create severe emotional, psychological and physical barriers to learning and education that can and should be allayed or reduced through support systems, including legal representation, provided by the school District;

WHEREAS: Students' ability to achieve is undermined by the removal of their family members during ICE raids and arrests that leave students without adults to supervise or care for them, and the District should have in place policies and procedures to protect and care for such students until a guardian or other designated adult is contacted, and all teachers, administrators and staff should be trained on such procedures;

WHEREAS: Immigration arrests, detentions, and deportations affects families every day, and indications that deportations will increase dramatically has created a climate of heightened fear and anxiety for many students and their families;

WHEREAS: The record number of deportations in recent years tragically has broken apart loving families, devastated communities, and caused widespread fear among immigrants and their family members;

WHEREAS: Involving campus police in enforcing federal civil immigration law will create the perception that they are immigration agents and decrease students' likelihood of cooper ting with campus police based on fears that this would lead to their deportation or the deportation of family members;

WHEREAS: Some cities, counties, school districts, and higher education institutions have adopted policies that restrict entanglement with ICE and resist any government action that may lead to the discovery of a person's immigration status:

WHEREAS: ICE's longstanding policy states that it will not conduct immigration enforcement activity at any sensitive location, which includes schools, without special permission by specific federal law enforcement officials, unless exigent circumstances exist;

WHEREAS: No written state or federal law mandates that local districts assist ICE in the enforcement of immigration laws;

THEREFORE BE IT RESOLVED: That the Governing Board of the Hamtramck School District hereby declares that every Hamtramck School District site is a safe place for its students and their families to seek help, assistance, and information if faced with fear and anxiety about immigration enforcement efforts;

RESOLVED FURTHER: That the Board encourages the Superintendent to increase and enhance partnerships with community-based organizations and legal services organizations who provide resources for families facing deportation.

Ayes: Members Srodek, Major, Lukas, Hadwan, Khan, Chowdhury and Obaid Nays: None

Absent: None MOTION CARRIED.