Dear Students, Parents/Guardians, and Staff Members,
Before anyone gets too excited, NO — I am not reaching out to cancel school due to the weather.
I am reaching out this morning because I have recently received several questions about why I have not broadly informed families about recent changes to immigration law enforcement practices related to public schools and how the Spencer-East Brookfield Regional School District will respond to those changes. I realize many of our neighboring school districts have done this.
There are two significant reasons. First and foremost, recent changes that now allow Immigration and Customs Enforcement (ICE) officers to conduct their responsibilities on the grounds of public schools will not change how our schools respond to any "outside" entity working with us.
Second, I do not wish to add to the fear-mongering that is happening nationwide regarding this topic. Our schools ensure our children's safety every day. They protect our children, and that will not change.
Our schools frequently cooperate with law enforcement agencies and other outside entities, such as the Department of Health and Human Services or the Center for Disease Control. ICE is just another of these entities that our schools would cooperate with within the letter of the law. So what is within the letter of the law?
If you envision that armed men would storm the school, take a child, and leave, then please know - this is not legally possible. A law enforcement agency such as ICE must operate within the law.
The reality is that if an ICE agent shows up at our doors, we would ask them to check in at the main office of a school and to see their identification to confirm that it is legitimate, just as we would for any other outside visitor. We would then invite the agent into our administrative offices to meet with our principal and to state their business. We would be very respectful and responsive to the job these agents have to do. The principal would know to ask for things such as a subpoena or a warrant before sharing any information about a student and direct them to the Central Office.
As a school, we know that information about a student that is not directory information is protected by FERPA (Family Education Rights and Privacy Act) and that permission must be granted by the parent to share such information unless a lawful subpoena/warrant is issued. Even with a lawful subpoena/warrant a school has 10 days to respond to any requests for this type of information.
The bottom line is that our schools make sure our children are safe each and every day. That is no different today than it was two months ago or than it will be two months from now and beyond.
Last Friday, in response to President Trump’s directive allowing Immigration and Customs Enforcement (ICE) to make arrests at schools and places of worship, Massachusetts Attorney General Andrea Joy Campbell released guidance to support schools in protecting the rights of students. The guidelines state that ICE must present parental consent or a judicial warrant to speak with a student, and schools are instructed to withhold student information from third parties—including ICE—unless a warrant signed by a judge is presented. This is meant to ensure that schools remain safe for all students.
The guidelines also address concerns about the potential use of state and local police for federal immigration enforcement. Attorney General Campbell, along with 10 other state attorneys general, released a statement affirming that local and state police cannot be commandeered for such purposes, as doing so would be unconstitutional. This statement was made in response to a memo from the Trump administration's U.S. Department of Justice appointee stating that the agency will investigate state and local governments that obstruct new immigration policies.
The guidelines issued by Attorney General Campbell's office aim to protect students and families from intimidation and harassment and to provide clarity on the role of state and local law enforcement in immigration matters. Overall, the Attorney General's guidance seeks to ensure that Massachusetts remains a welcoming and inclusive community for all residents, regardless of their immigration status.
Staff members will immediately contact the Office of the Superintendent, as the designated representative of the district, at the Central Office by phone (508-885-8500) if any law enforcement agency attempts to speak with a student.
ICE or any law enforcement agency will be referred to the Office of the Superintendent or his designee at the Central Office located at 306 Main Street, Spencer.
The district will then contact legal counsel to review the warrant to ensure that it is a judicial court order signed by a judge and not an administrative warrant or citation order.
All Spencer-East Brookfield Regional School District staff members are expected to treat all law enforcement representatives with a calm, respectful tone, and to follow the protocol outlined above.
School staff must maintain our existing policies, practices, and procedures regarding student information and access to students. In accordance with the Family Educational Rights and Privacy Act of 1974 (FERPA) and the Massachusetts Student Records Regulations, the Spencer-East Brookfield Regional School District will not release any student information without the explicit permission of the parent/guardian or a detailed warrant signed by a judge requesting information. Parents/guardians are encouraged to update their child’s contact information by contacting the school that their child(ren) attend(s).
In closing, while our schools in the Spencer-East Brookfield Regional School District may not become the subject of any ICE investigations, this notification serves as a good reminder that we protect student safety by maintaining updated contact information, understanding the legal requirements for protecting student information and personal safety, and accepting the responsibility to act on behalf of our students’ families while students are in school. As always, thank you for your continued partnership and support of the Spencer-East Brookfield Regional School District.
Paul S. Haughey, Ed.D.
Superintendent of Schools