Policy 1070 – Protections and Supports for Foreign-Born Students

As per Plyler v. Doe (1982), the HCPSS does not deny access to education based on a student’s immigration status or place of birth.

Any property owned or leased by the HCPSS is a safe zone for its students and their families.

Consistent with the United States Immigration and Customs Enforcement (I.C.E.) 2011 policy directive, the HCPSS believes that schools are sensitive locations where immigration enforcement action should not occur. Unless federal, state, or local law mandates otherwise, immigration enforcement actions may not occur on any property owned or leased by the HCPSS.

HCPSS employees will be made aware of resources available to students and their families to support students’ transition to a new school, culture, and environment. These will include:

HCPSS employees will not take any action that may discourage the participation or lead to the exclusion of students based on place of birth or immigration status.

HCPSS employees will not require students or their families to provide any information about their immigration status except where specific rules apply to students in international exchange programs as defined in Policy 9000 Student Residency, Eligibility, Enrollment and Assignment.

HCPSS will annually review its record-keeping policies and practices to ensure that no data is being collected or maintained with respect to students’ immigration status.

HCPSS will not tolerate any harassment, bullying, cyberbullying, intimidation or discrimination on account of a student being foreign-born, their immigration status, or their perceived immigration status on any property owned or leased by HCPSS or at school system activities.

HCPSS will work with local organizations to ensure community resources for foreign-born students and families are available and accessible by HCPSS school-based employees to share with families.

HCPSS will promote awareness and encourage peer-to-peer initiatives to foster a sense of belonging for all foreign-born students and support acclimation into a new school and educational system.

HCPSS will develop and maintain partnerships with community organizations and legal services organizations who provide resources for families, including families with questions about immigration laws and deportation.

HCPSS will provide professional learning to HCPSS employees that:

Consequences for violations of this policy will be administered according to applicable school system policies as noted in Section VII.B.

All HCPSS employees will comply with the expectations for safe school environments.

The principal/designee will ensure training for HCPSS school-based employees to connect families to resources.

The Superintendent/designee will review record keeping policies and practices.

The Superintendent/designee will enhance partnerships with community-based organizations who provide resources for families, including families with questions about immigration laws and deportation.

The Superintendent/designee will provide annual professional development for employees and third parties on the provisions of this policy.

The Superintendent/designee will take action in response to a violation of this policy.

Bullying – Unwanted, demeaning behavior among students or employees that involves a real or perceived power imbalance. The behavior is repeated, or is highly likely to be repeated, over time. To be considered bullying, the behavior must be intentional and include: 1) an imbalance of power (students who bully use their physical, emotional, social, or academic power to control, exclude, or harm others), and 2) repetition (bullying behaviors happen more than once or are highly likely to be repeated based on evidence gathered)

Cyberbullying – Bullying that takes place over digital devices like cell phones, computers, and tablets. Cyberbullying can occur through texting, apps, or online via social media, forums, or gaming where people can view, participate in, or share content. Cyberbullying includes sending, posting, or sharing negative, harmful, false, or hurtful content about another person. It can include sharing personal or private information about someone else causing embarrassment or humiliation.

Discrimination – Any act or omission due to an individual’s status or perceived status in a protected class (race, color, creed, national origin, immigration status, religion, physical, mental, or learning disability, pregnancy, age, gender, gender expression, gender identity, genetic information, sexual orientation, marital status, veteran status or socioeconomic status) that creates an intimidating, hostile, or offensive working or educational environment; or substantially interferes with an individual’s ability to work, be educated, or otherwise is sufficiently serious to limit an individual’s employment opportunities, or to limit a student’s ability to participate in or benefit from the educational program.

Foreign-Born – Anyone who is not a U.S. citizen at birth. This includes, but not limited to, naturalized citizens, lawful permanent residents, refugees, asylees, and those without documented status.

Harassment – Includes actual or perceived negative actions that offend, ridicule, or demean another person with regard to race, ethnicity, national origin, immigration status, family/parental or marital status, sex, sexual orientation, gender identity, gender expression, religion, ancestry, physical attributes, socioeconomic status, physical or mental ability, disability, or political opinion.

HCPSS Employee – Any individual who is a permanent or temporary employee of the HCPSS whose compensation is paid in whole or part by the Board, including but not limited to, school-based administrators, teachers, substitute teachers, paraeducators, and other school-based and Central Office support staff.

Immigration Status – An individual’s legal standing under immigration law.

Intimidation – Any communication or action directed against another person that threatens or induces a sense of fear and/or inferiority. Retaliation may be considered a form of intimidation.

Parent – Any one of the following, recognized as the adult(s) legally responsible for the student:

Plyler v. Doe (1982) – A United States Supreme Court case (457 U.S. 202) that held that a public school district may not deny students access to education based on their immigration status, citing the harm it would inflict on the student and society itself, and their equal protection rights under the Fourteenth Amendment.

Safe Zone – Any property owned or leased by the HCPSS where the privacy, safety, educational climate, and emotional health of our foreign-born students is lawfully safeguarded.

School-Related Activity – Any school system activity, on or off school property, in which a student directly participates (e.g. school field trip, athletic event, or class/graduation activity), or an activity in which the student does not directly participate but represents the school or student body simply by being present (e.g. spectator at a school event).