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District Procedures for Response to Requests: Immigration and Customs Enforcement

Announcement of Resolution No 16-36.
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District Procedures for the Response to Requests from the Office of Immigration and Customs Enforcement (ICE)

WHEREAS, the United States Supreme Court held in Plyer v. Doe (1982) that no public school district has a basis to deny children access to education based on their immigration status, and that all children have a constitutional right to a free and public education, citing that children have little control over their immigration status and are granted equal protection rights under the 14th Amendment, and considering the harm it would inflict on the child itself;

WHEREAS, Plyer v. Doe (1982) cannot be revoked by the President, Congress of any state legislature;

WHEREAS, the Oxnard Union High School District has a significant migrant student population, and the anticipation of a potential shift in immigration policy has created a climate of heightened fear and anxiety for many District students and their families;

WHEREAS, the 2011 Department of Homeland Security regulations governing ICE state immigration enforcement activities will not be conducted at any sensitive locations, such as schools, which includes education-related activities or events, or bus stops when children are present, and may only take place at a school when prior approval is obtained from an appropriate supervisory official, unless there are exigent circumstances;

WHEREAS, there is no written state or federal law that mandates that local districts assist ICE in the enforcement of immigration laws;

WHEREAS, The Governing Board of the Oxnard Union High School District resolves to provide schools which are safe places for its students, ensuring healthy learning environments where students may learn without fear;

WHEREAS, The Governing Board of Oxnard Union High School District provides strong protections against discrimination through previously-adopted Board Policy 5145.3 (Attached);

BE IT HEREBY RESOLVED that the Superintendent of Schools shall develop procedures for the supervisorial response to ICE requests, as well as a communication plan for informing our students, families and community of said procedures and their rights in the District;

BE IT FURTHER RESOLVED that the Superintendent of Schools shall ensure all school administrators, teachers and support staff are trained in the implementation of this policy;

BE IT FURTHER RESOLVED that the Superintendent of Schools shall bring revisions to Board Policy 5145.3 to specifically include discrimination based on immigration status;

AND BE IT FINALLY RESOLVED that all District personnel shall treat all students with dignity and respect, including the equitable provision of services.

Signature of Superintendent Dr. DeLeon and Board Member Clerk Karen Sher for Resolution No. 16-36
Signature of Superintendent of Schools, Dr. Penelope DeLeon & Clerk of the Board, Karen Sher for Resolution No. 16-36

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