OSPI sends immigration guidance to WA schools amid Trump orders

Washington public schools must serve all students regardless of their immigration or citizenship status, the state’s schools chief said Thursday in the wake of President Donald Trump’s recent executive actions on immigration. 

Just days into his second term, Trump has taken broad action on immigration, scrapping flights for refugees on the verge of entering the U.S. and issuing an order ending automatic citizenship for children born on U.S. soil. A federal judge in Seattle blocked the birthright citizenship order Thursday morning.

Trump has also revoked prior guidelines that had barred immigration enforcement from happening in “sensitive” places like schools. Some immigrant families have expressed uncertainty about the safety of sending children to school. 

Washington’s Office of Superintendent of Public Instruction issued guidance to schools Thursday. The guidance cited state and federal laws and outlined specific actions districts should and should not take.

The superintendent’s office says it is aware of reports of schools in other states being used to detain or identify undocumented kids. OSPI said it was “trying to determine the validity of these reports and whether this practice is happening in Washington state.”

Superintendent Chris Reykdal said his office had been getting questions from schools, families, residents and legislators.

“As we monitor the actions of the new federal administration, I want to be clear: Washington state is and will remain a state that is unequivocally committed to supporting all of our students and their families,” he said in a statement.

While an AP-NORC Poll issued this week found half of American adults say heightened security at the U.S. border with Mexico should be a “high priority” for the government, it also found 64% against conducting arrests of children living here without authorization while they’re at school.

The state’s guidance Thursday reaffirmed the rights of all children living in the U.S. to attend public schools, as established by the U.S. Supreme Court decision in Plyler v. Doe. It also underscored that denying enrollment to children who are undocumented violates the 14th Amendment’s equal protection clause.

The guidance also stated that public schools should not actively seek to provide student information to immigration authorities. And districts need to follow state guidance if authorities contact schools.

Under the set of key practices OSPI issued Thursday, public schools should:

• Enroll all students in a timely manner.
• Not deny admission or continuing enrollment based on a student’s immigration or citizenship status or treat them differently to determine their status.
• Only collect the data and records needed to enroll and for a student to receive services. Consider whether a school must keep that information or review the materials. They should provide families with other ways to verify that a student meets age requirements. 
• Not require or imply that a birth certificate or social security number is needed to enroll or to remain in school.
• Serve all enrolled students regardless of their citizenship or immigration status. 
• Have policies and procedures that ensure undocumented students can access all aspects of regular school programming.
• Know that schools don’t have the legal authority to enforce U.S. immigration laws.
• Have a policy for responding to acts of immigration enforcement that affect the school’s campus. 
• Not require students, parents or caregivers to answer questions or show documents that reveal citizenship status.

Reykdal said the state would do all it could to protect all students, regardless of their citizenship status. 

“Our state constitution ensures access to a basic education for every child residing within our state’s borders,” he said. “Our constitution does not identify citizenship as a qualification to receive an education.”

Brent Jones, superintendent of Seattle Public Schools, the state’s largest school district, said at Wednesday’s School Board meeting that the district was reviewing policies and procedures “to ensure we continue to provide clear information for students, their families, and SPS staff.”