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The Rochester City School District has decided that it will not provide information on students’ place of birth, further strengthening its policies. Requests for such information from third parties are required to be immediately referred to the superintendent and general counsel.
These decisions were made in light of immigration-related directives by the Trump administration, a joint memo from the New York attorney general’s office and the state Department of Education.
“This gets us in line with a lot of the policies around protections for our English Language Learners in particular, or refugee students or students that are seeking asylum,” said RCSD interim superintendent Demario Strickland at a recent board meeting. “That actually protects our students from being targeted in any way shape or form.”
Immigration and Customs Enforcement officers are now allowed in sensitive areas not historically open to them, such as schools, religious organizations’ facilities and court houses. Presence at these facilities must still follow due process, however.
Student records are already protected under the Family Educational Rights and Privacy Act, a federal law that covers access to educational records. Among other provisions, it states that without a judicial order or lawfully issued subpoena, schools are not required to provide student information to federal or local law enforcement officials.
Strickland said these new policies are in line with FERPA, as directed to him through the state attorney general’s office.
“Actually, I don’t think (a warrant) even covers it. We cannot disclose records under any circumstance, in particular, without parents’ consent,” Strickland said.
He commended the attorney general’s office for being very communicative and providing updated guidance through the changes in U.S. immigration policies. Strickland said that he has been communicative as well, providing policy updates to school leaders and principals, who are “on the front lines.”
Board discussion on the policy changes was mostly focused on the possibility of the Trump administration rescinding FERPA or clashes with ICE over student records leading to RCSD staff arrests.
“That’s the catch-22 around some of these administration’s doings and their executive orders. We just have to continue to follow and make sure we ensure that we are remaining in line,” Strickland responded.
“We don’t know what this administration is going to do. One day something is going to be in an (executive) order. The next day, it’s rescinded. So, it’s creating some sort of hysteria among everyone every time,” he added.
In the face of that uncertainty, Commissioner James Patterson suggested contacting the Monroe County district attorney’s office as a precautionary measure.
“You can reach out and say, ‘Hey, if this occurs, what should we do? How should we respond?’” he said. “The attorney general is the commanding officer in New York State. But the federal government, when they come in, it’s just good to have your DA behind your back when you make these decisions.”
Strickland said the district has a plan in place for schools concerning ICE confrontations, but would not share details at the public meeting.
“We know that this particular administration does not follow rules, but you are aligning the safety of our students first and foremost. We recognize that they are coming anywhere,” remarked Camille Simmons, RCSD board president. “(I recognize) that sometimes you have to be a little covert around aggressive situations like this. I appreciate that guidance is being given and the consideration of staff who can get hurt if we’re not mindful.”
Vice President Amy Maloy echoed those sentiments, giving credit to Strickland for his efforts with the situation.
“We have a lot of worried families and students impacted by this, but thank you so much for all the community meetings you have been attending, as well as the principals’ meetings,” she said. “Thank you for the dissemination of correct information to staff and the reassurance you have provided students and families.”
Jacob Schermerhorn is a Rochester Beacon contributing writer and data journalist.
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