Parent Information

Rights Card: I am giving you this card because I do not wish to speak to you or have any further contact with you.  I choose to exercise my right to remain silent and to refuse to answer your questions.  If you arrest me, I will continue to exercise my right to remain silent and to refuse to answer your questions.  I want to speak with a lawyer before answering your questions.  I want to contact my attorney.

Tarjeta de Derechos: Le estoy dando esta tarjeta porque no deseo hablar o tener más contacto co usted.  Yo elijo ejercer mi derecho de mantenerme callado y me niego a contestar sus preguntas.  Si me arresta, seguiré ejerciendo mi derecho a mantenerme callado y a negarme a contestar sus preguntas.  Yo quiero hablar con un abogado antes de contestar cualquier pregunta.  Quiero contactar mi abogado

Printable Rights Card (tarjeta de derechos imprimible)

The following is a Metaphorical Fact-Based Story about a fictional young lady named Lucia.

MEMORANDUM

DATE: January 16, 2025

TO: Local and Intermediate School District Superintendents Public School Academy Directors

FROM: Michael F. Rice, Ph.D. State Superintendent

SUBJECT: Michigan Department of Education Guidance on the Responsibility to Educate Children Regardless of Citizenship and Immigration Status

All children, regardless of citizenship and immigration status, have the right to equal access to a free public education. The United States Supreme Court ruling in Plyler v. Doe (457 U.S. 202 (1982)), a 2014 U.S. Department of Education/U.S. Department of Justice’s Dear Colleague letter, U.S. Department of Education June 2023 guidance, and most recently a January 8, 2025 Dear Colleague letter from U.S. Secretary of Education Miguel Cardona confirm the right to equal access for all children to a free public education regardless of immigration status.

Furthermore, Michigan’s Elliott-Larsen Civil Rights Act (ELCRA) expressly prohibits discrimination based on race or national origin and guarantees the full and equal enjoyment of public services and accommodations. Public education is a public service, and school-age children—all school-age children—have the right to this service. Likewise, Title VI of the Civil Rights Act of 1964 notes that “[n]o person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”

Additionally, the Family Educational Rights and Privacy Act (FERPA) addresses access to student records. A district should consult with counsel on the requirements to access student records, such as a valid court order or subpoena in compliance with FERPA or other laws or regulations (8 USC 1225(d)(4); 34 CFR 99.31(a)(9)(i)), by a requesting agency, including an immigration enforcement agency. Districts should also consult with counsel on exceptions to FERPA’s protections that apply in limited situations. For example, the Department of Homeland Security (DHS) and its Immigration and Customs Enforcement (ICE) bureau are permitted to have access to student records to monitor the stay of international students in limited study abroad MDE Guidance on the Responsibility to Educate Children Regardless of Citizenship and Immigration Status programs (8 CFR 214.3(g)). Consistent with FERPA, schools should ensure that any individual requesting student or parent information has proper legal authority. A district’s lawyer can verify if a request is consistent with FERPA and whether staff should request that officers wait off the school premises while legal authority is verified.

According to an October 27, 2021 DHS memo, “[t]o the fullest extent possible, we [ICE] should not take an enforcement action in or near a location that would restrain people’s access to essential services or engagement in essential activities. Such a location is referred to as a ‘protected area.’’’ Importantly, schools are classified protected areas, meaning that absent exigent circumstances, ICE should refrain from taking enforcement actions in or near schools without appropriate prior approval.

In recent discussions with department staff, parents and others have shared concerns regarding the ability of children to exercise the right to attend public school, irrespective of citizenship, immigration status, race or national origin. The issue of possible ICE enforcement, in or on the perimeter of schools, which would be contrary to current DHS guidance in the preceding paragraph, has been raised. A reasonable argument could be made that such enforcement in or on the perimeter of schools, were it to materialize in Michigan, would disrupt the education of some of our students, would make it less likely that these children would attend school consistently, and would therefore undermine their Plyler rights to a free public education.

All students have a right to a free public education regardless of their citizenship, immigration status, race or national origin. As educators, we have a responsibility to protect that right. The resources throughout this document and advice of your legal counsel are important when making decisions and educating your staff related to the educational rights of the children in your community and staff responsibilities. This memo is for informational purposes and should not be considered legal advice. I suggest that you promptly consult your district legal counsel, who should guide you on any specifics that you, your students, or your staff may encounter.

The Michigan Department of Civil Rights (MDCR) is a law enforcement agency that has jurisdiction over Michigan’s civil rights laws, most pertinently for this memo the Elliott-Larsen Civil Rights Act (ELCRA). Article 4 of ELCRA provides civil rights protections in education based on religion, race, color, national origin, sex, sexual orientation, or gender identity or expression.

Therefore, MDCR may investigate complaints in education based on allegations of unlawful discrimination when individuals are not provided, “the full use or benefit of an educational institution, its services, activities or programs.” Furthermore, if an individual is excluded or unlawfully discriminated against and is treated differently or denied educational opportunities because of a policy or limitation due to their national origin or other protected basis listed above, MDCR may investigate the allegations.

Official MDE Memo

Book Policy Manual

Section 8000 Operations

Title SANCTUARY DISTRICT

Code po8310.01

Status Active

Adopted August 20, 2019

8310.01 - SANCTUARY DISTRICT

The District is committed to protecting the right of all students to have access to a free, public education regardless of a child’s or family member’s immigration status, and is further committed to elevating tolerance, inclusiveness and kindness to all students, families and personnel at all District schools, facilities and sites.

District personnel shall not inquire about or record a student’s or a family member’s immigration status or take action that may chill access to public education, and pursuant to the Family Education Rights and Privacy Act (“FERPA”), shall not disclose without parental consent the immigration status of any student, a student’s educational records, or other personally identifiable information including, but not limited to, a student’s name, the names of a student’s parents, a social security number, or other personal identifier of a student.

Based on its educational experience and as a part of its deliberative process, the Board has found that the presence of immigration law enforcement officials substantially disrupts the learning environment and any such requests for access to a school site or District facility must be forwarded immediately to the Office of the Superintendent and the Office of the General Counsel for review and approval. Approval must be granted before officials are permitted access to school sites and District facilities.

School personnel must not allow any third party, including, but not limited to, officials from U.S. Immigration and Customs Enforcement (ICE), U.S. Customs Border Protection (CBP), or federal immigration enforcement agencies or similar agencies access to a school site or District facility without a request submitted to the building-site administrator and approved by the Office of the Superintendent and General Counsel. The building or site administrator shall not permit third party access to the school site that would cause disruption to the learning environment.

School personnel must contact the Office of the Superintendent and the Office of the General Counsel immediately if approached by ICE or CBP officials or other immigration officials for information or to access a school site. Personnel must also attempt to contact the parents or guardians of any students involved.

The Office of the Superintendent with the advice of the Office of the General Counsel shall process requests by immigration law enforcement officials to enter a school site or obtain student data as follows:

1. Request and require credentials of the officers or agents, verify and photocopy;
2. Request and require written authority, pursuant to ICE and CBP enforcement at sensitive and certain community location memos, documentation of prior officials by officials of Homeland Security Investigations, Enforcement and Removal and CBP instructing them to enter District property;
3. Request and require a judicial warrant and obtain a photocopy of the document;
   1. The warrant must be specific to the students for whom the officials are searching or provide that exigent circumstances (health or safety emergency) requiring entrance to the site;
   2. If no warrant is presented, request the grounds for access and make notes.
4. Request and retain notes of the names of the students and the reason for the request;
   1. If school site personnel have not yet contacted the students’ parents or guardians, do so;
   2. School personnel should not attempt to provide your own information or conjecture about the students, such as their schedule, for example, without legal counsel present;
5. Provide the officials with a copy of this Policy and the Resolution on Access to Education, Student Privacy, and Immigration Enforcement;
6. Request the officials’ contact information; and
7. Advise the officials that you are required to complete these steps prior to allowing them access to any school site or student data.

The Office of the Superintendent and the Office of the General Counsel will review all requests and make a decision on whether to allow access to the site/information, and/or a decision on whether the information or access will ensure compliance with the U.S Constitution, Plyer v. Doe, FERPA, other federal and state statutes, applicable federal and state agency guidance, local ordinances and District policy.

All requests must be provided with adequate notice so that the Office of the Superintendent, the Office of the General Counsel can act expeditiously to provide for the emotional and physical safety of District students and personnel.

To ensure the protection of student privacy, the District shall review its record-keeping policies and practices to ensure that no data is required to be collected with respect to student immigration status.

Should an immigrant parent/legal guardian or student voluntarily offer a document generated by the Department of Homeland Security or Department of Justice for identification purposes, school personnel should refrain from recording:

1. personal information from the document;
2. information concerning the type of document submitted; or
3. that a document from one of these agencies was submitted.

Additionally, the District will make additional information and resources available regarding the principles outlined herein.

Legal

US CBP Memo - Enforcement Activities at or Near Certain Community Locations, Jan. 18, 2013

Homeland Security Memo - Enforcement Actions at Sensitive Locations, Oct. 24, 2011

Plyler v Doe, 457 US 202 (1982) 20 USC 1232g, 34 CFR Part 99

U.S. Const. amend. IV

DPSCD Sanctuary District Policy