The Pennsylvania Department of Education (Department) has received inquiries related to enforcement actions and information requests by the U.S. Department of Homeland Security (DHS), which includes Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP), on school property. The Department recommends that Local Education Agencies (LEAs) ensure that their policies and protocols for responding to such requests are up-to-date and that staff are familiar with them. This document provides non-binding guidance for LEAs as they develop or revise these policies.

Background

Every child of school age who is a resident of a Pennsylvania school district is entitled to a public-school education. An essential part of this right is a safe and welcoming learning environment in which all children in the Commonwealth have equal access to a basic public elementary and secondary education.

The U.S. Supreme Court in Plyler v. Doe (1982) found that all children, regardless of actual or perceived immigration status, have an equal right to a free public education. Based on this ruling, and as reflected in State Board of Education regulations (22 Pa. Code § 11.11), LEAs are not legally permitted to inquire about a child’s or parent’s immigration status during the admission process. For both enrollment and residency determinations, a school may not legally request or require any of the following:

1.    A Social Security number;

2.    The reason for a child’s placement, if not living with natural parents;

3.    A child’s or parent’s visa;

4.    A child’s or parent’s immigration status;

5.    Agency records;

6.    A court order or records relating to a dependency proceeding, except in the limited circumstances described in the PDE Enrollment of Students Basic Education Circular; or

7.    Legal address for families enrolled in the Address Confidentiality Program (ACP). School records from the student's former school will be forwarded through the ACP. If there are questions about the family's eligibility for enrollment, contact the ACP at 1-800-563-6399.

Further, a student’s right to be enrolled in school cannot be conditioned upon their known or unknown citizenship or immigration status. LEAs should evaluate any policy that may have the effect of prohibiting or discouraging children from enrolling in school due to their citizenship or immigration status or that of their parent/guardian.

The Family Educational Rights and Privacy Act

The federal Family Educational Rights and Privacy Act (FERPA) protects the privacy of student education records. FERPA covers any educational agency or institution that receives federal funds. FERPA prohibits disclosure of personally identifiable information from educational records without the written consent of the student’s parent or guardian, or of the individual student if they have reached the age of 18. The law contains certain exemptions that allow for disclosure under specific circumstances.

Before sharing any personally identifiable information about students, LEAs should work with their solicitors to ensure that the disclosure is permitted under FERPA.

Considerations for Pennsylvania LEAs in Formulating Policies

Prior to this year, guidance issued by DHS limited enforcement actions at or near “sensitive locations” or “protected areas,” including schools, playgrounds, child care centers, and school bus stops.[1] However, this guidance was rescinded on January 21, 2025, by DHS and is no longer in effect.

The Department encourages LEAs to work directly with their solicitors to ensure that any response to a warrant, subpoena, or other enforcement action is legally compliant and aligns with the LEA’s policies. When adopting policies, LEAs, in consultation with their solicitors, may wish to consider the following principles:

•       Adopt policies and set forth administrative guidance that clearly explain the steps their school(s) should take in the event immigration enforcement personnel seek to carry out an enforcement action or otherwise request information from a school official.

•       Establish a point person to review and track records requests or subpoenas arriving from the DHS or its affiliates.

•       Establish a point person who will interact with DHS personnel (including ICE and CBP) should they arrive on campus. Ensure that this point person knows where to meet the officer.

•       Ensure that the point person knows to request the law enforcement officer’s credentials and any documentation (including warrants or subpoenas) relating to the visit. The point person should make a copy of the officer’s credentials and maintain it with any documentation provided.

•       Ensure that the point person knows to contact the solicitor, or another designated contact, to obtain guidance in responding to any request from the officer or providing any student information.

•       Ensure that the policies protect the privacy of students by ensuring that interactions between school officials and officers take place outside the view of students; that, in the event a student must be removed from class, a teacher or other school official brings the student to the front office; and that the intercom is not used in such situations.

•       Encourage parents/guardians to keep their child’s emergency contacts updated and accurate, and ensure that parents/guardians are immediately notified of any enforcement action involving their child, except in cases involving abuse or neglect or where directed not to do so by the officer.

•       Inform LEA instructional staff, administrative staff, and other staff about relevant policies. Where appropriate, discuss their roles and responsibilities in guidance documents.

•       Ensure that all LEA student data-sharing policies are up to date and consistent with FERPA, and that such policies are readily available to all faculty and staff as well as all third-party contractors who might have access to student data.

•       Provide professional development to all staff to ensure the proper implementation of school policies.

•       Establish policies and procedures in the event a student’s parent/guardian is detained or deported.

Resources for LEAs

The toolkits below may assist LEAs in carrying out their mission to provide a physically and emotionally safe environment for all learners, especially during uncertain times. Additional resources are available on the Department’s website.

·      Newcomer Toolkit: This toolkit provides resources to address the linguistic, emotional, mental health, and academic needs of newcomer students.

·      Addressing Trauma: Resources on trauma-informed practices and crisis response planning, such as updating school forms on who may pick up a child from school and policies on safe places for students to wait to be picked up from school, may be used by schools to address student trauma and prepare for emergencies.

[1] Enforcement actions include arrests, civil apprehensions, searches, inspections, seizures, service of charging documents or subpoenas, interviews, and immigration enforcement surveillance.