U.D. School Board responds to ‘sanctuary’ status
UPPER DARBY » A simple resolution slated for adoption by the Upper Darby School Board at its Aug. 14 meeting was met with public comment about the district serving as a safe haven for migrant children.
Resident Jane Dunbar asked the board if the district has been declared a “sanctuary school district” after wording in a Welcome Schools resolution placed special attention to immigrant students.
The resolution reads as follows:
“Whereas the Upper Darby School Board is committed to the success of all students, regardless of immigration status; all schools within Upper Darby School District will be a welcoming place for students and families to seek help, assistance, information, and safety if faced with feat and anxiety about immigration enforcement.”
Jurisdictions with sanctuary status are ones that pass the necessary laws, ordinances or other law-abiding regulation that obstruct public agency compliance with U.S. Immigration and Customs Enforcement detainers.
Dunbar did not elaborate in asking the board if this was granting legal protection from immigrant children, but the board responded that it is not a sanctuary district, and that the resolution was there to show that they will offer the resources and help immigrant families may need.
The board unanimously adopted the resolution as part of its instruction and curriculum report.
Upper Darby is the most diverse school district in the county with dozens of nationalities represented in the homes of its 12,000 students.
Sanctuary status has been a political hot point since President Donald Trump had promised to revoke federal funding to cities offering it. A federal appeals court on Aug. 1 ruled unconstitutional Trump’s plan.
According to the National Immigration Law Center, schools may adopt sanctuary, safe zone or welcoming resolutions. These resolutions can be written to rely on a 1982 ruling by the U.S. Supreme Court in the case Plyler v. Doe which established the right of all children in grades kindergarten through 12th to a free public education regardless of immigration status. The Supreme Court ruled that the denial of a public education who aren’t legal citizens violates the Equal Protection Clause of the Fourteenth Amendment.
In regard to a students’ personal information, the Family Educational Rights and Privacy Act does not allow a school to release that information with a parent’s consent (if under 18) with several exceptions. The NILC says “none of these exceptions appear to be particularly vulnerable” for use by immigration enforcement agents. However directory information – name, address, telephone listing and place of birth – may be provided unless public notice is given that allows the parent or student that they do not want that information released.
Superintendent Dan Nerelli in his March 2017 superintendent’s report spoke on the district’s compliance with FERPA, saying they only respond to requests for information, included those from law enforcement when they’re allowed to do so.
“I have informed all of the administrators of this district that we are here for our students and the families we serve. If an inquiry were made of a staff member about any immigration matter, staff should act in accordance with school district’s policies and procedures, which require referral of the inquiry to the school principal,” read Nerelli’s report. “The school principal in coordination with central administration and in consultation with the solicitor will evaluate the legal basis of the request (requiring a lawfully issued subpoena or warrant) before responding to the request.”
An inquiry to district spokesperson Dana Spino on any changes to district policies in accordance with FERPA since Nerelli’s report last spring was not responded to Wednesday.