Buffalo board affirms students' rights, says ICE access to schools will require legal process

The Buffalo Board of Education unanimously adopted a resolution on Nov. 20 affirming the district's commitment to safe and inclusive schools and stating that the district "will not permit access to U.S. Immigration and Customs Enforcement to BPS buildings, students, and staff unless legally required to do so." The resolution also reaffirmed the district's obligations under the Dignity for All Students Act and the Individuals with Disabilities Education Act.

Board member Larry Scott, citing concern among families and staff, said the resolution is intended to reassure immigrant-origin students and families who might be anxious about enforcement actions and federal-level policy changes. "We remain steadfast in our commitment to the rights, values and dignity of all of our students," Scott said as he introduced the item.

During discussion general counsel Mary Scarpini and other trustees clarified that the district already requires legal process—such as a subpoena, warrant or court order—before releasing student or employee records or permitting enforcement actions that would intrude on protected school grounds. Scarpini confirmed that schools routinely forward subpoenas and legal process through the board office and legal team for review before documents are produced.

The board approved the resolution by roll-call vote. The resolution also directs staff to continue providing guidance and outreach to staff and families and to coordinate relevant 'know your rights' materials and trainings.

Next step: Staff will continue to publish guidance and respond to requests for resources; trustees suggested adding referenced state and federal guidance in future iterations of the policy statement.