URGING DELAWARE SCHOOLS AND SCHOOL DISTRICTS TO ADOPT AND IMPLEMENT CLEAR POLICIES REGARDING IMMIGRATION ENFORCEMENT AND THE IMPORTANCE OF STUDENT SAFETY AND DATA PRIVACY.

Legislation Document

SPONSOR:

Rep. Gorman & Rep. Ortega & Sen. Pinkney

Reps. Griffith, K. Johnson, Morrison, Ross Levin, Harris, Snyder-Hall; Sens. Hoffner, Townsend

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE CONCURRENT RESOLUTION NO. 20

URGING DELAWARE SCHOOLS AND SCHOOL DISTRICTS TO ADOPT AND IMPLEMENT CLEAR POLICIES REGARDING IMMIGRATION ENFORCEMENT AND THE IMPORTANCE OF STUDENT SAFETY AND DATA PRIVACY.

WHEREAS, it is the mission of our public education system to prepare every student for success in college, career and life; and

WHEREAS, the law is well-settled that this obligation extends to all students, regardless of their immigration status; and

WHEREAS, Delaware is committed to providing all students with a high-quality, well-rounded, rigorous, and joyful education; and

WHEREAS, our schools and educators are best able to fulfill their mission when the school campus is a place of safety and security and one where children feel welcomed and supported; and

WHEREAS, students and staff deserve a safe and supportive space to process, grieve, share, reflect, and learn; and

WHEREAS, maintaining the security of personal student and family data is both required by law and a prerequisite for community trust.

NOW, THEREFORE:

BE IT RESOLVED by the House of Representatives of the 153rd General Assembly, the Senate concurring therein, that Delaware schools and school districts are urged to enact clear policies with respect to safe school premises and the protection of student data privacy in accordance with the principles set out herein.

BE IT FURTHER RESOLVED that school and school district policy should contain the following:

(1) A requirement that all requests from civil immigration enforcement be referred to the superintendent or charter leader.

(2) A requirement that in the absence of exigent circumstances a judicial warrant is required for immigration authorities to access school premises.

(3) A prohibition on school staff asking about or sharing information with non-school personnel regarding a student or student’s family members’ immigration status.

A student may voluntarily share information about immigration status. School personnel may share immigration-related information with non-school personnel with written permission from a student’s parent or guardian.

BE IT FURTHER RESOLVED that school board and school administrators are urged to ensure that all staff, students, and communities receive communications articulating school policy with respect to interactions with civil immigration authorities.

BE IT FURTHER RESOLVED that the Department of Education is encouraged to develop and share model policies with schools and school districts that reinforce Delaware’s strong commitment to its educational community and provide clear guidance to local educators.

SYNOPSIS

This House Concurrent Resolution urges Delaware schools and school districts to adopt and implement clear policies regarding immigration enforcement and emphasizes the importance of student safety and data privacy. It also requests that the Department of Education develop model policies to assist schools and school districts in the development and maintenance of clear guidance and messaging.