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Spring-Ford solicitor warns districts to prepare for possible immigration enforcement at schools; cites FERPA and Plyler
Summary
Solicitor David Fitzgerald told the board Jan. 27 that districts should plan for a range of federal immigration actions, that schools must comply with judicial warrants, and that privacy protections under FERPA and the constitutional right to education remain key legal considerations.
Spring-Ford Area SD Solicitor David Fitzgerald briefed the board Jan. 27 on recent national developments and their possible local implications if federal immigration-enforcement activity were to occur at school sites.
Fitzgerald told the board there is "a constitutional right to school for individuals who may be undocumented" and that students have privacy protections under the Family Educational Rights and Privacy Act (FERPA). He said districts are discussing contingency plans and should prepare at the building and district level with administrative and legal staff. "If you get a federally issued judicial warrant, we have to comply," Fitzgerald said, adding other types of federal requests may leave discretion to districts.
Board members pressed Fitzgerald on the scope of state law protections and whether Pennsylvania statutes or school code provided additional safeguards. Fitzgerald said existing federal privacy protections and the Plyler v. Doe decision establishing a constitutional right to education are the key legal foundations; he said state law does not appear to provide protections "in excess" of those federal frameworks in this context and that conflicting federal agency directives could create difficult legal questions.
Fitzgerald said the issue is fluid and that federal directives issued recently appear aimed chiefly at local law enforcement. He also noted that the district's hiring processes, which include background checks and certifications, reduce the likelihood employee workforces would be directly affected. "Our employee workforce is likely not going to be affected by this as in some other sectors," he said.
Board members and administrators said they are assembling guidance and resources, including materials from solicitors' firms and state associations, and asked the policy committee to remain vigilant. One board member noted that some nearby districts have drafted resolutions reaffirming commitments to student safety and suggested Spring-Ford consider a measured approach to any resolution to ensure it would meaningfully help families.
Ending: Fitzgerald and district administrators said they will continue discussions with building administrators and legal counsel and bring recommendations to the board as the situation develops.
