Oregon’s Sanctuary Law and School Districts

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Oregon’s Sanctuary Law and School Districts

Last week in one of our school districts, a school bus pulled up to one of its regular bus stops where the students on the bus were subjected to witness a disturbing event. Officials from Immigration and Customs Enforcement (ICE) arrested a parent who was at the bus stop accompanying their child. This event was clearly traumatic for the family who was confronted by ICE, but also for every student on the bus witnessing this event.

 

ODE considers bus stops an extension of our school system. Like our classrooms, gyms, cafeterias, hallways, buses and ball fields – bus stops should be safe, inclusive, and welcoming for all students, families, staff, and community members. This action by ICE made this bus stop, and by extension, our schools an unsafe place for the children and families we serve. The action was harmful and traumatic and is counter to our shared values for schools and the children we serve in Oregon.

 

We do not know if ICE plans more arrests or confrontations at school drop-off and pick-up sites or other school, school-sponsored, or school-related activities. It would clearly be troubling if this were to become a regular practice. As Oregon educators are increasing efforts to build resiliency for students through the practice of culturally responsive trauma informed practices, students are experiencing new traumas related to involuntary separation from their parents. As our school districts work to improve regular attendance, families and communities will become fearful of gathering at school sites. This practice by ICE impacts both our children and families and our ability to meet their needs in a safe and inclusive environment.

 

There Are Steps We Can Take

Oregon’s sanctuary law, passed in 1987, prohibits state and local law enforcement from using public resources to arrest or detain people whose only offense is being in the country in violation of federal immigration laws.

 

Oregon’s Privacy Protection Bill (ORS 180.805-810) authorizes public bodies to decline to disclose information about a person’s citizenship or immigration status unless required by state or federal law or other circumstances, such as when determining benefit eligibility. Passed in July 2017, the bill also directs the attorney general to create model policies intended to limit immigration enforcement at public schools, public health facilities, courthouses, public shelters and other public facilities.

 

The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. The law prohibits school districts from releasing education records without prior parental consent, except in limited circumstances.

 

District and school personnel should have and disseminate the correct information concerning the law, in addition to developing strategies to provide safe environments for students. Districts and schools should:

  • Know and understand Oregon’s sanctuary law, school records laws, civil rights laws, and resources for supporting mixed status families
  • Adopt one or more of the model policies created by the Oregon Attorney General. Those model policies can be found at: https://www.doj.state.or.us/wp-content/uploads/2018/10/DOJ-AG-Model-Policies-Regarding-Immigration.pdf
  • Review the immigration related resources provided by the Confederation of Oregon School Administrators: https://www.cosa.k12.or.us/members/immigration
  • Develop contingency plans for addressing the concerns and fears of students and families
  • Engage in professional learning opportunities with personnel as a proactive measure
  • Disseminate information and resources related to student and families’ rights and well being
  • Clarify roles and responsibilities for all personnel to proactively prepare for such incidents

Additionally, in November of 2018 the Oregon Department of Education (ODE),  in collaboration with legislators, other state agencies, culturally-specific community based organizations, and other partners, developed a DACAmented/Undocumented Toolkit to help you and your staff create, maintain, and nurture an equitable, inclusive, and welcoming environment for all students, families, and employees in Oregon’s schools. This tool kit includes information on

  • Civil Rights Protections
  • Oregon’s Sanctuary Law
  • Supporting Mixed Status Families
  • Access to Higher Education
  • Rights of all children to enroll in school
  • Guidance on discriminatory harassment
  • Deconstructing the Misunderstandings of Trauma (coming in March)
  • Navigating Career Pathways (coming in March)
  • And more

The DACAmented/Undocumented Toolkit is regularly updated. I urge you to visit the site and take advantage of the resources as well as tell us what else you need to ensure all your students are included and welcome in the public schools you operate.

 

We Serve Every Child in Oregon

All Oregon students are entitled to equal access to a public elementary and secondary education regardless of their actual or perceived race, color, national origin, citizenship, immigrant status, or the status of their parents/guardians. ODE and the State Board of Education stand behind this entitlement, and further believes that leading with a strong equity stance and approach to education services is critical to ensuring the success of Oregon’s students and families.

 

Our immigrant families are valued members of our communities across the state. However, they are facing more challenges, like the changes to the “public charge” rules.* Schools play a critical role in ensuring inclusivity, a social safety-net, and an education for our students. These new issues faced by our families’ present new challenges for our stretched system, but as educators we always put children at the center of our work and…I know we will strive to serve every child in each of our communities across Oregon. I commit to working with state and federal officials name these tactics as harmful and ask that they cease confrontations and arrests in or around schools and school-related facilities. Thank you for your service and please reach out if we can be of assistance.

 

Thanks,

Colt

Colt Gill

(he, him, his – why pronouns matter)

Director of the Oregon Department of Education and

Deputy Superintendent of Public Instruction

255 Capitol Street NE | Salem, Oregon 97310

Phone (503) 947-5740 | Colt.Gill@ode.state.or.us

@ORDeptED_Colt | www.oregon.gov/ode

 

*Learn more about “Public Charge” from the Oregon Department of Human Services and Oregon Health Authority.