FAQs
Are public K-12 schools in the United States required to provide a free public education to all students, regardless of immigration status?
Yes, schools are required to provide undocumented students equal access to a free public education regardless of their immigration status or that of their parents. All students are entitled to the same benefits and services. That right was confirmed in the United States Supreme Court case Plyer v. Doe (1982). Discrimination is also prohibited by federal laws, including Titles IV, VI, and IX of the Civil Rights Act of 1964.
Per Board Policy 5145.13: Response To Immigration Enforcement, no student shall be denied equal rights and opportunities nor be subjected to unlawful discrimination, harassment, intimidation, or bullying in the district's programs and activities on the basis of his/her immigration status. (Education Code 200, 220, 234.1)
Does NMUSD ask for the immigration status of a student or family member?
No. Newport-Mesa Unified School District does not ask for the immigration status of a student or any of their family member(s) when enrolling or while enrolled. Per Board Policy 5145.13: Response To Immigration Enforcement, District staff shall not solicit or collect information or documents regarding the citizenship or immigration status of students or their family members or provide assistance with immigration enforcement at district schools, except as may be required by state and federal law. (Education Code 234.7)
Does NMUSD share a student’s immigration status or confidential student records information with federal immigration officials?
The Family Educational Rights and Privacy Act (FERPA) generally prohibits school districts from providing third parties with student education records. However, there may be exceptional circumstances under which the District could be required to provide pupil records information to federal immigration officials, including the following: 1) if there is a valid subpoena, warrant, or court order; and 2) if there are emergency circumstances, such as a confirmed danger to public safety. In these limited situations, it would be processed through the Office of Student Services.
For more information, please visit: US Department of Education - Family Educational Rights and Privacy Act (FERPA). All documentation requested from guardians and families is to facilitate enrollment and provide the needed resources for our students.
Can federal immigration officials come onto NMUSD campuses?
Per Board Policy 5145.13: Response To Immigration Enforcement, is required that any requests for information or access to a school site by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws be reported to the District (Student Services). Such notification shall be provided in a manner that ensures the confidentiality and privacy of any potentially identifying information. (Education Code 234.7)
What should school employees do if immigration agents ask about the immigration status of students or their families?
School employees would deny this request and bring it to the attention of their school administrator (principal) and the District's Administrative Director of Student Services.
Only school administrators can direct the release of information, and would not do so without the written consent of the student’s parents or a court-ordered subpoena, in consultation with Student Services.
What should school employees do if immigration or law enforcement officials provide a warrant for an arrest?
School employees should bring it to the attention of their school administrator (principal) and refer officials to the District's Administrative Director of Student Services.
How do I respond if a student's family member is detained and/or deported?
In the event a student’s parent/guardian has been detained or deported by federal immigration authorities, we will use the student’s emergency card contact information and release the student to the person(s) designated as emergency contacts. Information provided within the emergency cards will only be used in response to specified emergency situations, and not for any other purpose. The school will also notify the Office of Student Services.
Families and students are encouraged to:
- Know their emergency phone numbers and know where to find important documentation, including birth certificates, passports, Social Security cards, doctors’ contact information
- Keep medication lists, lists of allergies, etc., which will allow them to be prepared in the event that a family member is detained or deported
- Update students’ emergency contact information as needed throughout the school year, and provide alternative contacts if no parent or guardian is available
- Include the information of an identified trusted adult guardian as a secondary emergency contact in case a student’s parent or guardian is detained.
What should I do if I have more questions about immigration laws and procedures?
Licensed immigration attorneys are more likely to provide reliable legal advice on immigration matters. Please see the "Immigration Resources" section below. Please note that the advice provided on these websites do not reflect the opinions or legal guidance of the District.