In an email sent to district staff Monday, Brevard Public Schools laid out guidelines for how school employees should handle possible activity by U.S. Immigration and Customs Enforcement officers, citing a handful of policies that cover student investigations and school visitors.
“We remain committed to providing all students with an education, regardless of immigration status,” said Rachad Wilson, BPS’ chief operating officer. “We will ensure that all procedures are followed properly and in accordance with the law, without obstructing ICE’s duties.”
Following his inauguration, President Donald Trump rescinded a 2011 directive that prevented ICE from conducting interviews, arrests, searches and surveillance at sensitive locations, such as schools, churches and hospitals.
Janet Murnaghan, a spokesperson for Brevard Public Schools, said the physical and mental well-being of students remains the top priority for the district.
“If Immigration and Custom Enforcement (ICE) show up at one of our schools, staff have been instructed to ask for identification as well as a valid, signed subpoena or court order and call Brevard Public Schools (BPS) legal department to confirm the obligation based on the documentation provided,” she said in an email to FLORIDA TODAY.
“School personnel must comply with lawful requests. BPS remains committed to providing all students with an education, regardless of immigration status.”
What process do ICE officials need to follow at BPS?
ICE agents need to check in and out at every school’s front office per BPS’ school visitor policy. If an agent requests information about a student, they must present identification, and a valid, signed subpoena or court order to view education records. These orders may include the removal of a student.
What process do school employees need to follow?
In cases where ICE presents a signed subpoena or court order, school employees must contact BPS’ legal department or district security to confirm they are obligated to comply based on the documents being presented.
ICE visits must be documented. School personnel must copy any documents that are removed and keep a detailed record of these items.
What authority does the district have?
The district can limit access to its facilities during school hours and school-related events.
School employees are not allowed to release student records according to district policy and the Family Educational Rights and Privacy Act, a federal law that protects student data. However, FERPA protections don’t extend to F-1 and M-1 student visa records.
According to the district’s policy on schools and investigations involving students, which Wilson told BPS employees to families themselves with in light of potential ICE activity, law enforcement agencies investigating incidents that did not take place on district property should attempt to contact students during non-school hours and conduct their investigation off school property. These investigations may also take place on school property at the request of the principal in emergency situations.
The principal or a designee must remain in the room if a student is being questioned as a suspect, witness or a victim in an alleged violation of the law unless there is a compelling reason provided by law enforcement for them not to be present, according to policy.
For students suspected of crimes, principals must attempt to contact parents before the questioning takes place, and for students being questioned as victims or witnesses, they must attempt to contact parents after the questioning.
Finch Walker is the education reporter at FLORIDA TODAY. Contact Walker at fwalker@floridatoday.com. X: @_finchwalker.