Tennessee official says schools cannot report a student’s immigration status

NASHVILLE — Tennessee’s top education chief said the U.S. education secretary’s comment that schools can divulge a student’s immigration status goes against federal law.

Earlier this week, U.S. Secretary of Education Betsy DeVos said reporting students’ immigration status is a local decision.

Tennessee Education Commissioner Candice McQueen, however, said in a statement to the USA Today Network-Tennessee that the 1982 U.S. Supreme Court ruling in the Plyler v. Doe case prohibits local districts from releasing that kind of information about students to outside agencies.

The Plyler v. Doe ruling said states cannot constitutionally deny students a free public education based on their immigration status.

“Our responsibility is to educate all students and keep them safe. We want every child to feel safe and wanted in their school, and we hope our district leaders will be proactive in sharing that message with their school communities,” McQueen said in the statement.

McQueen previously has released guidance to Tennessee districts about how to best support the state’s English learners and the portion living in the U.S. illegally.

The guidance says “schools are prohibited from providing any outside agency — including the Immigration and Naturalization Service — with any information from a student’s school file that would expose their undocumented status without first obtaining permission from the student’s parents.”

It adds that “school personnel — especially building principals and those involved with student intake activities — should be aware that they have no legal obligation to enforce U.S. immigration laws.”

DeVos’ statement came during testimony before a House Education and Workforce Committee meeting. U.S. Rep. Adriano Espaillat, D-New York, asked DeVos if principals or teachers should be held responsible for reporting families who are living in the U.S. illegally.

“Our responsibility is to educate all students and keep them safe. We want every child to feel safe and wanted in their school, and we hope our district leaders will be proactive in sharing that message with their school communities.” – TENNESSEE EDUCATION COMMISSIONER CANDICE MCQUEEN

DeVos said in her reply: “Sir, I think that’s a school decision. That’s a local community decision. And again, I refer to the fact that we have laws, and we also are compassionate, and I urge this body to do its job and address or clarify where there is confusion around this.”

Metro Nashville Public Schools previously has issued support for the district’s immigrant population, regardless of their status.

“I have stated previously my position that MNPS will adhere to the strict interpretation of federal laws providing for a child’s education, regardless of immigration status,” said Nashville Director of Schools Shawn Joseph. “No MNPS schools have the authority to report students to [U.S. Immigration and Customs Enforcement].

“Our principals and administrators are focused on educating all students.”