On Thursday, OSPI issued the following document: OSPI Guidance – Protections for Immigrant Students in Washington’s K-12 Public Schools. It is a critical read for all school leaders, but here are some key highlights:
Overview:
- Public schools must provide free, high-quality education to all students, regardless of immigration status.
- Schools cannot discriminate based on race, color, national origin, citizenship, or immigration status.
- Schools should not share student information with federal immigration authorities.
Key Practices:
- Enrollment:
- Do: Enroll all students promptly.
- Don’t: Deny admission based on immigration status or require birth certificates/social security numbers.
- Data & Record Collection:
- Do: Collect only necessary data for enrollment and services.
- Don’t: Imply that birth certificates or social security numbers are mandatory.
- Services:
- Do: Provide services to all students.
- Don’t: Engage in practices that discourage student enrollment.
- Student Privacy:
- Do: Have policies for responding to immigration enforcement.
- Don’t: Require students or parents to disclose their immigration status.
Protections in Place:
Federal Protections:
- Title VI of the Civil Rights Act prohibits discrimination.
- Plyler v. Doe ensures all children can attend public schools regardless of immigration status.
- Schools cannot ask for immigration status or social security numbers.
State Protections:
- Washington law prohibits discrimination based on citizenship or immigration status.
- Schools must enroll all children aged 6-18 and provide services to eligible preschoolers.
Student and Family Data Privacy:
- Schools should not collect or disclose immigration status.
- FERPA protects student records from being shared without consent, except under specific conditions like a judicial order.
Immigration Enforcement on School Campuses:
- Schools should not engage with immigration authorities.
- If approached, staff should direct authorities to the principal and require a valid court order.
Meal Programs:
- Citizenship or immigration status does not affect eligibility for free/reduced-price meals.
- Many schools offer free meals to all students without requiring personal income information.
Financial Aid for Postsecondary Education:
- Undocumented students are not eligible for federal aid but can apply for state aid through WASFA.
Other Considerations:
- Student Health: Schools should help families access health care and vaccinations without fear of disclosing immigration status.
- Special Education: Citizenship is not required for special education services.
- Language Access: Schools must communicate with families in their preferred language.
- Attendance: Schools should be flexible with attendance policies for undocumented students.
Communication with Families:
- Create a welcoming environment.
- Ensure clear, accessible communication.
- Protect privacy and demonstrate cultural sensitivity.
Additional Resources:
- Guidance from the Washington State Attorney General’s Office and OSPI.
- Various resources and support organizations for immigrant families.
Questions or concerns should be directed to OSPI or your district’s legal counsel.
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