New Draft Policy JBCF Response to Federal Immigration Enforcement Safe Zones

                                                                     Board Policy Manual
                                                             DeKalb County School District


Board Policy JBCF: Response to Federal Immigration Enforcement                Status: DRAFT
(Safe Zones)
Original Adopted Date: PENDING| Last Reviewed Date:


PROPOSED DRAFT


The DeKalb County School District is committed to maintaining a safe,
orderly, and supportive learning environment for all students. This
policy establishes clear expectations for how school personnel respond
when law enforcement officers or other government agents request
access to students, student records, or school facilities.
Access to Students and School Facilities
Consistent with the Fourth Amendment of the United States
Constitution, law enforcement officers or other government agents
will not be permitted to question a student, remove a student from
campus, access non-public areas of school property, or obtain student
information without appropriate legal authority.
Verification of Legal Authority
Before permitting law enforcement officers or other government
agents to question a student, remove a student from campus, access
non-public areas of school property, or obtain student information,
school administrators will verify the legal authority presented.
Except in circumstances involving an immediate threat to the health or
safety of students or staff, such authority must be supported by a valid
judicial warrant, court order, or other legally binding document issued
by a court of competent jurisdiction. For purposes of this policy,
administrative detainers or civil immigration documents issued by
federal agencies that are not signed by a judge will not be considered
judicial warrants.
School personnel cannot independently interpret warrants, subpoenas,
or other legal documents presented by outside agencies.
District Legal Review
When law enforcement officers or government agents present a
warrant, subpoena, or other legal document requesting access to
students, student records, or non-public areas of school facilities, the
document will be referred to the District’s Office of Legal Affairs for
review before access is granted.
School staff will direct all such requests to school administration and
district leadership and will not authorize access beyond publicly
accessible areas of the campus unless:
  1. A judicial warrant or court order is presented and verified, or
  2. There exists an emergency involving an immediate threat to the
     health or safety of students or staff.
Student Records and Privacy
In accordance with the Family Education Rights and Privacy Act
(FERPA) 20 U.S.C. § 1232g, the district will protect the confidentiality
of student information and cannot release student records or
information to law enforcement or outside agencies except as
permitted by law and in accordance with district procedures. Requests
for student information will be reviewed through appropriate
administrative and legal channels prior to disclosure.
When appropriate and not prohibited by law, the district will make
reasonable efforts to notify a student’s parent or guardian prior to
granting access to the student or releasing student information.
Training and Implementation
The Superintendent or designee is authorized to develop procedures
to implement this policy and to provide training to staff on responding
to law enforcement requests and protecting student privacy.
Compliance with Law
Nothing in this policy shall be construed or applied in a manner that
violates state or federal law requiring compliance or cooperation with
lawful law enforcement activity or lawful requests for information.