Section A: Foundation and Basic Commitments
Policy Title: Immigration Anti-Discrimination
Policy Code: ACB
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TUSD obligation to educate all students regardless of citizenship status
In compliance with the Constitution of the United States and the U. S. Supreme Court's 1982 opinion in Plyler v. Doe, 457 U.S. 202 (1982), the Tucson Unified School District is obligated to and shall educate all students regardless of their immigration or citizenship status, or that of their parents.
TUSD employees under no duty or obligation to collect and report immigration status except for persons seeking TUSD employment
With only one exception, Tucson Unified School District employees are not under any duty or obligation imposed by Federal or state law to enforce immigration law or policies. The exception is this: those TUSD employees who are responsible for hiring new district employees shall comply with all state and Federal laws with respect to collection of citizenship documents and reporting immigration status regarding those persons seeking employment with the District.
TUSD employees not liable for failing to report citizenship status of any student or parent (unless required by court order)
Unless specifically required by a court order, Tucson Unified School District employees are not liable under any Federal or state law, nor are they subject to discipline under the policies of this district, for failing to investigate or report to any state or Federal official regarding the immigration or citizenship status of any student or parent. To the extent that such information regarding the student is contained in student education records, no employee may disclose it unless specifically permitted under the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99).
Adopted: July 27, 2010
Reviewed: July 13, 2018
LEGAL REF.: 20 U.S.C. § 1232g
34 CFR Part 99
457 U.S. 202 (1982)