This commentary is by T. Elijah Hawkes of Middlesex. He is an author and educator.
Keeping a child safe and engaged in school can be complicated. As an educator, I know that sometimes it can be tricky just to figure out who should have information about students in order to meet their basic needs.
Special educators, for example, who work with children who have disabilities, often face such questions. Who needs to know details of the disability in order to support the child? Most of the child’s teachers do, certainly. What about adults who supervise the student during recess? What about athletic coaches who work with the student after school?
Administrators face similar questions when a student’s behavior becomes a broad concern. Imagine a young boy who is routinely threatening to hit kids in his class. Concerned parents call the principal and want to know what is being done. The school has put various measures in place, including more close supervision of the boy at recess and additional counseling to help with his aggression. Can the principal share this information with the parents who are asking?
The stakes can be higher. Law enforcement and state agencies can be involved, including in cases of child abuse, weapon possession, harassment, assault, theft, child pornography, drug sales, drug use — the list could go on. But whether the concern is extraordinary or mundane, there are important considerations when deciding what information to share with whom so that access to education is preserved, rights are respected and legal obligations observed.
In recent months, these considerations are specifically surfacing as Vermont educators consider the welfare of immigrant students and families, including potential deportation efforts and interactions with Immigration and Customs Enforcement officers. Model school district policies are being developed with the rights of immigrant students in mind.
These efforts, led by educators I know and respect, are prompting Vermont school leaders to confront questions like: What if ICE shows up at our school? At first, this may sound like a question that isn’t relevant to every Vermont family — but it is. This question connects to notions of nationhood, community, democracy and justice. This question also connects to rights that are held by every student in the school. Consider a few more scenarios related to access to students and information:
Imagine that a State Police sergeant arrives at a middle school principal’s office with a report about images of a female student circulating on the cellphones of eighth-grade boys. The sergeant says she needs to speak to some of these boys, even those who may have received images unsolicited. Some phones may end up confiscated and special investigators may need to look at hard drives and social media accounts.
Or imagine that the first period bell is about to ring at a rural high school. The principal is outside greeting kids in the cold morning air when a school board member approaches. He tells the principal, “My wife says a boy who drives a red truck was hunting on our posted property over the weekend.” He points to two red trucks in the student lot, wondering who they belong to and where the students live.
Or imagine rumors of a fight to happen at a Wednesday JV girls basketball game. Sometimes police are on campus for Friday varsity games, but not for most events. The principal wonders if the athletic director should ask law enforcement to be around for the JV game. In this situation, the principal should be mindful that if law enforcement responds to a conflict, it might result in arrests and not just school-based disciplinary consequences.
In such scenarios, student rights, parental rights and legal boundaries between adults with different roles are at play. There are requirements to get parental permission before sharing information about students. There are constraints about when and how a law enforcement officer can interrogate a child and whether or not a parent must be present. And when law enforcement is on campus, it can significantly change the consequences for what students do or say. When it comes to matters of citizenship status, all of this applies, as does the right of non-citizens to attend school.
Given the complexities of these legalities, how policy can vary state-to-state, and potential changes to enforcement practices at the federal level, now is a good time for school districts to review these matters and consider updates to policy, procedure and training. What is the school-based procedure, for instance, if a law enforcement officer presents a duly sworn warrant for access to people or information? Clarity about laws and official roles is essential.
Four years ago, when I left my last principal job, I was proud to receive a “challenge coin” from a local law enforcement officer, a symbol of our years of collaboration striving to keep kids safe. That partnership was built, in part, on role-clarity, knowing and respecting each other’s professional authority, role limitations and legal responsibilities.
Today, as someone who works with future school administrators, I appreciate the efforts of the Vermont Education Justice Coalition, and allies, to clarify how schools can proactively protect the rights of immigrant students and families. It is urgent for these students, and such protections are relevant to rights held by students of all backgrounds. State agencies and professional associations would serve the field well to provide clear guidance on current legal requirements, as they pertain to particular groups and to students generally. As is so often the case in schools and in our broader society, when we protect the rights of one individual, or meet needs of a vulnerable group, we enhance the welfare of all.
Read the story on VTDigger here: T. Elijah Hawkes: What if ICE shows up at school?.