Rochester school board affirms policies protecting students during immigration enforcement

The School Board of Independent School District 535 voted Feb. 3 to ratify a resolution reaffirming the district’s practices to protect students and families amid recent immigration enforcement actions.

The board’s resolution says the district will provide equal access to educational programs regardless of a student’s or family’s immigration status, will comply with federal and state law, and will not participate in, assist with, or facilitate civil immigration enforcement activities except where expressly required by law. It directs that civil enforcement officials not be granted access to nonpublic areas of district buildings, grounds, or transportation without a valid judicial warrant reviewed by the district’s legal counsel, and reiterates that student education records will be disclosed only if required by law.

Superintendent Fekal, responding to a board member’s question about staff readiness, said the district has distributed legal guidance and practiced processes with principals and office managers and that private bus contractors have been included in communications. “We have a process, and we have practiced, to quickly have that paperwork reviewed by legal counsel,” he said.

Board members pressed for clarity on how staff should respond if approached by agents with an administrative warrant rather than a judicial one. Director Marvin asked whether staff — including bus drivers employed by private contractors — know to refuse access and to ask for legal review. Fekal replied that administrators are instructed to ask agents to wait in public areas and to have legal counsel review warrant paperwork quickly.

Director Cook framed support for the resolution as part of the board’s obligation to uphold constitutional law, citing the U.S. Supreme Court’s decision in Plyler v. Doe as establishing the duty of public schools to educate all students regardless of immigration status. “Our task as a board is therefore singular, to serve the best interest of all students, but exclusively within the legal framework established by the U.S. Constitution and federal and state laws,” Cook said.

Board members also discussed recent enrollment impacts tied to enforcement actions. The superintendent said absenteeism rose early in the episode by about 530 students compared with typical rates for that period but that attendance had largely rebounded as of the previous week.

The resolution directs the superintendent and designees to continue communications, update protocols, provide staff training, and support students and families affected by immigration‑related events, including access to mental‑health resources and community partnerships. The board approved the resolution by voice vote.