Answer: Yes. Here’s the Osceola district policy
As part of a “tough on immigration” stance from the President Trump administration, the Department of Homeland Security announced this week that U.S. Immigration and Customs Enforcement (ICE) agents can now conduct their operations at courthouses, churches and schools. All were once considered to be safe havens.
This week, School District General Counsel Sarah Koren issued a memo, dated Monday and obtained by the News-Gazette through a public records request, to top administrators and school principals and assistant principals that re-iterate district guidance regarding the interview and arrest of students by government officials.
School District spokesperson Dana Schafer said these are not new policies, just a clarification of the law and steps to effectively follow them.
“We have no way of knowing what is to come so communication was provided to schools by our Board attorney on how to ensure that we follow the law if and when it may happen,” she said.
The memo contains a firm affirmation to school principals.
“As the principal, you are the person in charge of the school. Only you or your assistant principal(s) are authorized to speak or act on behalf of the school when dealing with federal or state law enforcement officers or agencies, or independent third parties such as private attorneys, private investigators or non-parent/non-legal custodians,” it reads.
Those third parties, per policy, are not to be provided any student information, instead be referred to the General Counsel.
The Family Educational Rights and Privacy Act (FERPA) is a federal law that guides privacy of students’ education record. It gives parents the right to access their children’s education records and limits third parties’ access to them. Florida law requires school districts to comply with FERPA. And, the Osceola district does not ask students their immigration status when enrolling; a parent or guardian on an international work visa may sign a release of data authorizing that that can be referred to.
According to the memo sent Monday, schools are directed to tell law enforcement that a subpoena is required to produce such records.
Schools must not release student records without parental consent unless they are “furnished in compliance with judicial order or pursuant to any lawfully-issued subpoena.”
As for policy regarding student interview and arrest, once an officer’s identity is confirmed, administrators are to ask them if the parent can be contacted before any dealings with a student. If the enforcement agent states a parent may be contacted, the administrator will call the parent to get consent for an interview, or if the parent wishes to be present. A parent may decline any interview or contact. If the agent states that a parent may not be contacted, the administrator will tell the agent that all questions from the parent will be referred to the agent, document the direction to not contact the parent, and ask if he or she may remain with the student during questioning.
If a student is arrested, administration is to immediately notify the parent and provide contact information for the officer and agency—unless the officer directs the administrator not to. In that case, the administrator is to document that direction and refer all parent questions to the law enforcement officer.
“Law enforcement or ICE would make that decision, not school district personnel,” Schafer said regarding whether a parent would be notified.
That memo came about two weeks after another written in response to questions regarding equal access to education for immigrant students.
“Notwithstanding the above, the school district shall not interfere with law enforcement actions and must comply with lawfully issued warrants and subpoenas,” it reads.
