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PDE Says Schools Should Review Policies as ICE Activity Near Campuses Is Reported
Summary
Lawmakers asked whether undocumented and immigrant students remain entitled to public education and what guidance PDE provides on immigration-enforcement activity near schools; PDE said state constitutional obligations and departmental values have not changed and advised districts to consult legal counsel and their policies.
Representative Guzman asked the Department of Education on Feb. 24 whether Pennsylvania's constitutional obligation to "provide for the maintenance and support of a thorough and efficient system of public education" includes undocumented children and what districts should do if ICE agents appear on or near campuses.
"Yes," Secretary Rowe responded when asked whether the constitution requires the General Assembly to provide for public education. When asked whether migrant and undocumented children are entitled to the same benefits as U.S. citizens for education, Rowe said, "Yes. It is."
On enforcement presence, Rowe said PDE had not received reports of ICE enforcement actions inside school buildings, though there were reports of activity in school vicinities. She advised districts to consult their solicitors and to review and adopt clear policies and procedures about how to handle law-enforcement presence, including how to proceed when law-enforcement presents with or without a warrant on campus. "Schools would be advised to consider their policies and procedures as it relates to incidents like these to determine what specifically will happen when someone presents themselves with or without a warrant on school campus and how they should proceed at that time," she said.
Rowe noted that neither a Social Security card nor proof of citizenship is required to enroll a student in Pennsylvania schools. She pointed committee members to PDE's basic-education circulars for legal guidance on migrant and refugee student issues.
Ending: PDE told lawmakers the department's values remain unchanged: undocumented and migrant students are entitled to a free public education in Pennsylvania, districts should consult solicitors about on-campus enforcement encounters, and district policies and basic-education circulars provide current legal guidance.
