Book Board Policies

Section 4000 Policy Series - Community Relations

Title LIMITING IMMIGRATION ENFORCEMENT IN SCHOOLS

Code 4300

Status Active

Adopted December 11, 2008

Last Revised January 23, 2025

The following definitions are adopted with the model policies herein. These definitions are based on the
definitions provided in Keep Washington Working Act and other relevant statutory provisions.

“Civil immigration warrant” means any warrant for a violation of federal civil immigration law issued by a federal
immigration authority. A “civil immigration warrant” includes, but is not limited to, administrative warrants
entered in the national crime information center database, warrants issued on ICE Form I-200 (Warrant for Arrest
of Alien), Form I-205 (ICE Administrative Warrant), or prior or subsequent versions of those forms, which are not
court orders.

“Court order” and “judicial warrant” mean a directive issued by a judge or magistrate under the authority of
Article III of the United States Constitution or Article IV of the Washington Constitution or otherwise authorized
under the Revised Code of Washington. A “court order” includes, but is not limited to, judicially authorized
warrants and judicially enforced subpoenas. Such orders, warrants, and subpoenas do not include civil
immigration warrants, or other administrative orders, warrants or subpoenas that are not signed or enforced by a
judge or magistrate as defined in this section.

“De-identified” means information that does not identify an individual and with respect to which there is no
reasonable basis to believe that the information can be used to identify an individual.

“F-1 Visa” is a United States (U.S.) visa for foreign national students who wish to attend educational institutions
in the U.S., of these levels:
Private elementary school (non-U.S. citizens are not allowed to attend U.S. public elementary schools on
an F-1 visa);
High school;
Seminary;
Conservatory;
University and college; and
Other institutions, such as a language training program.

“Federal immigration authority” means any on-duty officer, employee, or person otherwise paid by or acting as an
agent of the United States Department of Homeland Security (DHS) including, but not limited to, its sub-
agencies, Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), United States
Citizenship and Immigration Services (USCIS), and any present or future divisions thereof charged with
immigration enforcement. “Federal immigration authority” includes, but is not limited to, the Enforcement &
Removal Operations (ERO) and Homeland Security Investigations (HSI) of ICE, or any person or class of persons
authorized to perform the functions of an immigration officer as defined in the Immigration and Nationality Act.

“Immigration or citizenship status” means as such status as has been established to such individual under the
Immigration and Nationality Act.

“J-1 Visa” is the visa designated for students and exchange program participants who belong to: Au Pairs, Camp
Counselor, Government Visitors, Interns, International Visitors, Interns, International Visitors, Physicians,
Professors and Research Scholars, Short-term scholars, specialists in different areas, university students,
secondary school students, teachers, trainees, work and travel participants. Those who come to the U.S. under
this visa program cannot bring dependents to the U.S.

“Language services” includes but is not limited to translation, interpretation, training, or classes. “Translation”
means written communication from one language to another while preserving the intent and essential meaning of
the original text. “Interpretation” means transfer of an oral communication from one language to another.

“Law enforcement agency” or “LEA” means any agency of the state of Washington (state) or any agency of a city,
county, special district, or other political subdivision of the state (local) that is a “general authority Washington
law enforcement agency,” as defined by RCW 10.93.020, or that is authorized to operate jails or maintain custody
of individuals in jails; or to operate juvenile detention facilities or to maintain custody of individuals in juvenile
detention facilities; or to monitor compliance with probation or parole conditions.

“Local government” means any governmental entity other than the state, federal agencies, or an operating
system established under chapter 43.52 RCW. It includes, but is not limited to, cities, counties, school districts,
and special purpose districts. It does not include sovereign tribal governments.

“Notification request” means a federal immigration authority’s request for affirmative notification from a state or
local law enforcement agency of an individual’s release from the LEA’s custody. “Notification request” includes,
but is not limited to, oral or written requests, including DHS Form I-247A, Form I-247N, or prior or subsequent
versions of those forms.

“M-1 Visa” is designed for students enrolled in vocational and non-academic education, excluding language
courses. This includes, but is not limited to, technical courses, cooking classes, flight school, cosmetology, etc.

“Personal information” means names, date of birth, addresses, GPS [global positioning system] coordinates or
location, telephone numbers, email addresses, social media handles or screen names, social security numbers,
driver’s license numbers, parents’ or affiliates’ names, biometric data, or other personally identifiable
information. “Personal information” does not include immigration or citizenship status.

“Public schools” or “Local education agency” means any and all public elementary and secondary schools under
the jurisdiction of local governing boards or a charter school board and all institutions of higher education as
defined in RCW 28B.10.016.

“Sensitive location” refers to the 2011 U.S. Immigration and Customs Enforcement (ICE) and 2013 Customs and
Border Enforcement (CBP) policies which categorize certain locations as sensitive locations that should generally
be avoided for immigration enforcement purposes. Accordingly, “sensitive location” includes health facilities,
places of worship, and schools.

“School resource officer” means a commissioned law enforcement officer in the state of Washington with sworn
authority to uphold the law and assigned by the employing police department or sheriff ’s office to work in
schools to ensure school safety. By building relationships with students, school resource officers work alongside
public school administrators and staff to help students make good choices. School resource officers are
encouraged to focus on keeping students out of the criminal justice system when possible and not impose
criminal sanctions in matters that are more appropriately handled within the educational system.

“State agency” has the same meaning as provided in RCW 42.56.010.

Applicability of Policies Related to Immigration Enforcement

1. Vashon Island School District adheres to all requirements of federal and state law.
2. The provisions of this policy shall apply to Vashon Island School District and all school facilities, grounds,
and natural areas, which include (but are not limited to) adjacent sidewalks, parking areas, sports
facilities, playgrounds, and entrances and exits from said building spaces.
3. Vashon Island School District’’s policies prohibiting participation or aid in immigration enforcement shall
apply for enforcement activity against students and their families, staff, and volunteers.
4. Vashon Island School District personnel shall presume that activities by federal immigration authorities,
including surveillance, constitute immigration enforcement.

Access to Schools

1. Vashon Island School District has a responsibility to ensure that all students who reside within their
boundaries can safely access a free public K-12 education.
2. Vashon Island School District does not exclude students from receiving an education or unlawfully
discriminate against anyone because of their race, color, national origin, age, disability, gender identity,
immigration or citizenship status, sex, creed, use of a trained dog guide or service animal by a person with
a disability, sexual orientation, or on any other basis prohibited by federal, state, or local law.
3. Vashon Island School District will uphold its responsibility to all students and ensure that all staff and
volunteers are aware of the rights of immigrant students to an education.

Immigration Enforcement on School Campus

1. Vashon Island School District does not grant permission for any person engaging in, or intending to
engage in, immigration enforcement, including surveillance, to access the nonpublic areas of Vashon Island
School District facilities, property, equipment, databases, or otherwise on school grounds or their
immediate vicinity. Vashon Island School District staff shall direct anyone engaging in, or intending to
engage in, immigration enforcement, including federal immigration authorities with official business that
must be conducted on Vashon Island School District property, to the [school principal or authorized
designee] prior to permitting entrance to school grounds. Vashon Island School District staff shall presume
that activities by federal immigration authorities, including surveillance, constitute immigration
enforcement.
 2. If anyone attempts to engage in immigration enforcement on or near Vashon Island School District
grounds, including requesting access to a student, employee, or school property:
1. Vashon Island School District staff shall immediately alert and direct the person to the [school
principal or authorized designee], who shall: verify and record the person’s credentials (at least,
name, agency, and badge number), record the names of all persons they intend to contact, collect
the nature of the person’s business at the school, request a copy of the court order or judicial
warrant, log the date and time, and forward the request to the Superintendent and/or legal counsel
for review.
2. Vashon Island School District staff shall request that any person desiring to communicate with a
student, enter school grounds, or conduct an arrest first produce a valid court order or judicial
warrant.
3. The District Superintendent [or authorized designee and/or legal counsel] shall review the court
order or judicial warrant for signature by a judge and validity. For Vashon Island School District to
consider it valid, any court order or judicial warrant must state the purpose of the enforcement
activity, identify the specific search location, name the specific person to whom access must be
granted, include a current date, and be signed by a judge.
4. The District Superintendent [or authorized designee and/or legal counsel] shall review written
authority signed by an appropriate level director of an officer’s agency that permits them to enter
Vashon Island School District property, for a specific purpose. If no written authority exists, the
District Superintendent [or authorized designee and/or legal counsel] shall contact the appropriate
level director for the officer’s agency to confirm permission has been granted to enter Vashon Island
School District property for the specific purpose identified.
5. Upon receipt and examination of the required information, the District Superintendent [or
authorized designee and/or legal counsel] will determine whether Vashon Island School District shall
allow access to contact or question the identified individual and will communicate that decision to
the [school principal or authorized designee].
6. The District Superintendent [or authorized designee and/or legal counsel] shall make a reasonable
effort, to the extent allowed by the Family Educational Rights and Privacy Act (FERPA), to notify the
parent/guardian of any immigration enforcement concerning their student, including contact or
interview.
7. The District Superintendent [and/or legal counsel or authorized designee] shall request the presence
of a Vashon Island School District representative to be present during any interview. Vashon Island
School District shall not permit access to information, records, or areas beyond that specified in the
court order, judicial warrant, or other legal requirement.

Gathering Immigration Related Information

1. Vashon Island School District staff may review, but shall not inquire about, request, or collect any
information about the immigration or citizenship status or place of birth of any person. Vashon Island
School District staff shall not seek or require, to the exclusion of other sufficient and permissible
information, information regarding a student’s or their parent or guardian’s citizenship or immigration
status.
2. Vashon Island School District policies and procedures for gathering and handling student information
during enrollment or other relevant periods shall be delineated in writing and made available to students
and their parent or guardian(s) at least once per school year in a manner for households with individuals
that have limited English proficiency (LEP) to understand.
3. If Vashon Island School District is required to collect information related to a student’s national origin
(e.g., information regarding a student’s birthplace, or date of first enrollment in a U.S. school) to satisfy
certain federal reporting requirements for special programs, Vashon Island School District staff shall:
1. If feasible, consult with legal counsel to seek alternatives, including alternatives to the specific
program or documents accepted as adequate proof for the program;
2. Explain to the student and student’s parent(s) and/or guardian(s), in their requested language, the
reporting requirements, including possible immigration enforcement impact;
3. Provide notice to the student’s parent(s) and/or guardian(s); and
4. Mitigate deterring school enrollment of immigrants or their children by collecting this information
separately from the school enrollment process.

Responding to Requests for Information

1. Vashon Island School District staff shall not share, provide, or disclose personal information about any
person for immigration enforcement purposes without a court order or judicial warrant requiring the
information’s disclosure or approval by [school principal or authorized designee]. Requests by federal
immigration authorities shall be presumed to be for immigration enforcement purposes.
2. Vashon Island School District staff shall immediately report receipt of any information request relating to
immigration enforcement to [school principal or authorized designee] who shall document the request and
refer the request to the [Superintendent and/or legal counsel or authorized designee]. The
[Superintendent and/or legal counsel or authorized designee] shall review the request to ensure
compliance with FERPA, KWW, the Public Records Act (PRA), and other relevant federal and state laws.
This review shall be conducted expeditiously, but before any production of information is granted to the
requesting party.
3. Vashon Island School District shall, to the extent allowed by FERPA, notify an affected student’s parent(s)
and/or guardian(s) immediately of any request for information relating to immigration enforcement unless
 advised otherwise by Vashon Island School District legal counsel.

Use of School Resources

1. Vashon Island School District’s resources shall not be used for immigration enforcement.
2. Vashon Island School District’s resources and policies regarding immigration enforcement shall be
published and distributed to parent(s) and/or guardian(s) on an annual basis. These resources shall
include, at minimum:
1. The right of immigrant students to receive an education, including accommodations for limited
English proficiency and special education programs;
2. General information policies including the types of records maintained by the Vashon Island School
District and a list of the circumstances or conditions under which the Vashon Island School District
might release student information to third parties, including limitations under FERPA and other
relevant law;
3. Policies regarding the retention and destruction of personal information;
4. The process of establishing notice and/or consent from parent(s) and/or guardian(s), as permitted
under federal and state law, prior to releasing a student’s personal information for immigration
enforcement purposes;
5. Name and contact information for Vashon Island School District’s designated point of contact on
immigration related matters; and
6. “Know Your Rights” resources and emergency preparedness forms to have completed in the event of
a family separation.

Legal RCW 43.10.310 - Immigration enforcement model policies

Cross References Policy 4310 - Relations with the Law Enforcement, Child Protective Agencies, and the
County Health Department