South Lane School District Board Resolution April 10, 2017
BE IT RESOLVED, that the Board of Directors, South Lane School District No. 45J3, hereby adopts the following resolution affirming the commitment to an inclusive and supportive school environment for all students.
WHEREAS, the South Lane School District is committed to providing all students with an educational experience that provides an inclusive environment with access and opportunity to a high quality, well-rounded education; and
WHEREAS, equity and access to education are core values of our district, manifested by a steadfast commitment to creating a welcoming school climate for all students and families, and direction of the supports and resources needed to eliminate barriers and promote student success; and
WHEREAS. Supreme Court precedent (Plyler v. Doe, 457 U.S. 202 (1982)), requires that all students be provided with equal access to public education, regardless of their immigration status or that of their parents or guardians; and
WHEREAS, under ORS 181A.820 Oregon law enforcement agencies are prohibited from expending agency moneys, equipment or personnel for the purpose of detecting or apprehending persons whose only violation of law is that they are persons of foreign citizenship present in the United States in violation of federal immigration laws, subject to the exceptions of that law; and
WHEREAS, South Lane School District prohibits discrimination and harassment on any basis protected by law, including but not limited to, an individual’s perceived oractual race, color, religion, sex, sexual orientation, national or ethnic origin, marital status, age, mental or physical disability or perceived disability, pregnancy, familial status, economic status, veteran’s status, as per South Lane School District PoliciesAC, JB, JB-AR, JFCF, JFGF-AR; and
WHEREAS, we know that our children’s safe and inviting educational environmentwould be severely disrupted by the presence of U.S. Immigration and Customs Enforcement (ICE) officials who may come into District schools for the purposes of removing students or their family members or obtaining information about students or their families; and
WHEREAS, in these times, we recognize that the denial of an education goes against our core mission, values, policies, practices and procedures and that our education mission is more critical than ever because we believe that our work with all
students can help us bridge our differences and can help bring us together around respect and understanding rather than fear.
NOW, THEREFORE, BE IT RESOLVED THAT District policies, procedures and practices shall be consistent with the following. The District:
Will not ask about or record student immigration documentation status, or thatof a student’s family members.
Pursuant to the Family Educational Rights and Privacy Act (FERPA) and relevant law, will not disclose student educational records containing immigration or citizenship status without parental permission, court order, or other legal authority.
Will not permit law enforcement to access private areas of school property or take a student from school for the purpose of immigration law enforcement without parental permission, court order, or other legal authority.
To the maximum extent permitted by law, will require that any such court order or legal authority seeking student educational records, access to private areas ofschool property, or a student’s removal from school be presented directly to the Superintendent’s office for response with adequate notice so that the Superintendent or designee can ascertain legal validity of the request and obtain legal advice.
Will contact designated emergency contacts or appropriate state child protectiveservices in the event that a student’s parent or guardian is unavailable to providefor the student’s care.
The District will review and strengthen as needed relevant policies, procedures and practices including those related to student enrollment practices, release of student records, and access to schools by law enforcement and other visitors, are, to the extent permitted by law, consistent with this Resolution and its intent.
Will continue to provide all South Lane School District employees the necessary training to understand and follow the principles and practices supported and reaffirmed by this Resolution.
South Lane School District Board of Directors believes that it has a duty to respond to immigration enforcement laws and practices and their impact on students and families. This Resolution is intended to be consistent with the District’s legalobligations and shall be interpreted as to not violate any requirement of federal or state law. Should federal or state law change, overruling any part of this Resolution, the remainder of this Resolution shall continue to be valid and enforceable.
Date Approved - April 10, 2017
Board Chair - Alan Baas