Resolution to Support Students and Families Impacted by Immigration Enforcement

  • A RESOLUTION of the Board of Directors of the Iowa City Community School District affirming its commitment to a safe and supportive school environment for all students regardless of citizen status and immigration status.  

    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; and 

    WHEREAS, public schools cannot inquire regarding the immigration status of student or the student’s parent(s)/guardian(s) as part of the enrollment process; and   

    WHEREAS, the safe and supportive 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; and             

    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 all students; and 

    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; and 

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

    NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Iowa City Community School District as follows:  

    1. District personnel shall not inquire about or record a student’s or a family member’s immigration status, and pursuant to the Family Education Rights and Privacy Act (FERPA), shall not disclose, without parental consent or Court order, the immigration status of any student, or other personally identifiable information. 
    1. Any request by immigration agents for information or to access a school site shall be initially denied and immediately forwarded to the Superintendent and General Counsel for review and a decision on whether to reverse the denial and allow access to the site, and/or a decision on whether the information will ensure District compliance with the law. The request must be provided with adequate notice so that the Superintendent and General Counsel can take steps to provide for the emotional and physical safety of students and staff. 

    IN WITNESS WHEREOF, the foregoing was adopted by the Board of Directors of the Iowa City Community School District on Tuesday, March 28, 2017.