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Dear District and School Leaders,
In recent days, the federal government has rescinded its policy of limiting immigration enforcement actions in certain “sensitive areas,” including elementary and secondary schools. This action has generated concerns and questions from the North Carolina public school community about the law regarding immigrant students and families, as well as the legal obligations of public school officials. Interactions with law enforcement officers are primarily a matter for local public school governing boards and administrators to address by developing and implementing local policies, plans and protocols in consultation with their attorneys. The purpose of this information is to provide information to local school officials and their attorneys regarding state and federal legal requirements related to immigrant students and families. This information also includes a link to an external resource designed to help North Carolina public schools address the physical and emotional needs of their students.
I. Federal and State Legal Requirements Pertaining to Immigrant Students and Families
In 1982, the United States Supreme Court ruled, in the case of Plyler v. Doe, that public schools are constitutionally obligated to provide all children with access to a free public education, including undocumented immigrant students. The Court emphasized that this was not a choice for public schools, but a legal responsibility. Consistent with this binding legal precedent, the North Carolina Department of Public Instruction is committed to ensuring that every student, regardless of immigration status, national origin or religion, can safely attend public school.
Below is a summary of the various federal and state laws pertaining to the education of immigrant students, as well as other legal considerations for public schools when providing services to these students. This is not an exhaustive list of all applicable legal issues that may impact a school’s procedures and practices, but simply a guide for public schools to consider as they update or develop plans for interacting with law enforcement. School officials should confer with legal counsel regarding the implementation of these legal requirements.
A. Plyler v. Doe, 457 U.S. 202 (1982)
In 1982, the Supreme Court of the United States held that a Texas law denying enrollment in public schools to and withholding state education funds for children based on their immigration status violated the Equal Protection Clause of the United States Constitution. Plyler v. Doe, 457 U.S. 202 (1982). As a result, states are not permitted to deny public school enrollment and services to undocumented immigrant children residing in their attendance area.
B. Title VI of the Civil Rights Act of 1964 and N.C.G.S. Section 115C-367
Title VI, 42 U.S.C. § 2000d et seq., prohibits discrimination on the grounds of race, color, or national origin by entities that receive federal financial support. In addition to the federal protections guaranteed by Plyler and Title IV, North Carolina law also prohibits any public school from refusing admission to or excluding any person from a public school “on account of race, creed, color, or national origin.” N.C.G.S. § 115C-367.
C. Judicial and Administrative Warrants
Law enforcement agencies will generally obtain a judicial warrant to make a valid arrest or conduct a search or seizure. A judicial warrant is “a formal written order . . . issued by a federal or state judicial court.” In addition to traditional judicial warrants, there are also administrative warrants. Administrative warrants are similar to judicial warrants but are issued by federal agencies and may be signed by an immigration court or judge. The National Immigration Law Center defines administrative warrants as “formal written document[s] authorizing a law enforcement officer from a designated federal agency, such as an ICE agent from DHS, to make an arrest or seizure.” National Immigration Law Center, Warrants and Subpoenas (January 2025).
Law enforcement officials may have varying authority to act depending on the type of warrant issued. Schools should consult their legal counsel to understand the differences between these warrants and develop their practices and procedures in the event either type of warrant is presented to the school by law enforcement or an administrative agent.
D. Family Educational Rights and Privacy Act (“FERPA”)
The Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g; 34 CFR Part 99, is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA grants parents and eligible students the right to access and amend their records. FERPA also requires written consent from a parent or the eligible student before sharing personally identifiable information from those records, except as otherwise provided by law. One of those exceptions is the release of records pursuant to a valid subpoena. Schools should look to their legal counsel for advice about whether a subpoena of records is legally valid.
E. McKinney-Vento Homeless Assistance Act
The McKinney-Vento Homeless Assistance Act, 42 U.S.C. Section 11431, et. seq., entitles children who are experiencing homelessness to a free appropriate public education and requires schools to remove barriers to their enrollment, attendance, and success in school. The McKinney-Vento Act protects all students who do not have a “fixed, regular, and adequate residence” as defined by law. Undocumented students may be eligible for the rights and services if they are experiencing homelessness.
II. Developing Local School Board or Charter School Policies, Protocols and Plans
Most public schools in in North Carolina already have in place policies, protocols, or plans related to student safety, including interactions between law enforcement agencies and students, faculty, and staff. Local interactions with law enforcement, including immigration officials, are governed by those policies, protocols and plans.
All public schools are strongly encouraged to revisit and update as necessary their safety policies, procedures, and plans, including those that address interactions with law enforcement, or to develop such processes if they do not already have them. While neither the State Board of Education nor the Department of Public Instruction can offer legal advice directly to school staff or administrators, the following items are offered to PSUs for consideration as school processes are reconsidered or adopted:
A. Safety
- Adopt policies, procedures, and/or plans for communication and interaction with all law enforcement agencies, including immigration agents (e.g., ICE).
- Designate staff members within a school building who will be responsible for initial interactions with law enforcement.
- Identify legal counsel available for consultation with school officials if necessary.
- Educate faculty and staff about relevant law and local policies, procedures and plans.
- Educate administrators and front office staff about how to properly identify a judicial search or arrest warrant or valid subpoena of records.
- Educate faculty and staff regarding policies related to visitors and access to school premises.
- Educate faculty and staff about FERPA regulations and state regulations governing the sharing of student information.
- Follow legal requirements to ensure data privacy and implement security measures to protect confidential records of students and staff.
- Train faculty and staff in best practices for data privacy.
- Ensure that every student has up-to-date emergency contacts and school pickup information, including secondary contacts in case the emergency contact is unavailable.
- Review protocols related to school discipline and truancy.
B. Well-Being
- Train faculty and staff in trauma-informed practices, including stress management techniques.
- Provide school counselors, social workers, and related staff with specialized training in addressing the mental health needs of impacted students.
- Have a list of mental health resources and counseling services available to students and staff who need assistance.
- Provide support to faculty and staff affected by trauma.
C. Communication with Families and the Community
- Provide students and families with information about the PSU’s policies, procedures, and plans related to student safety, as well interactions between law enforcement agencies and students.
- Provide students and families with information about available support services in the community.
- Have school resources and information available in multiple languages to ensure accessibility to all families.
- Designate faculty or staff members to serve as a liaison between the PSU and immigrant communities served by the PSU.
- Provide guidance to faculty and staff about how to respond to requests for information from media outlets.
III. Guidance Regarding Dealing with Students in Trauma
Attached please find guidance issued by the National Association of School Psychologists for Dealing with Students in Trauma. English and Spanish versions are included.
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