School & Education

Do schools report student information to immigration?

No. The Family Educational Rights and Privacy Act (FERPA) and the Illinois School Student Records Act (ISSRA) restrict schools from sharing a student’s file with federal immigration agents. Also, in Plyler v. Doe, the United States Supreme Court held that preventing undocumented children from going to school is unconstitutional.

School officials are non-reporters. They are not required to report undocumented immigrants to federal agents. Also, student privacy laws generally do not allow school officials to share student information without parental consent When someone gives permission for someone else to do something . 

Are there exceptions to the privacy protections for students?

Yes, there are exceptions to student privacy laws. If an exception applies, a student’s education records may be turned over without parental consent to a third-party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. requestor, such as US Immigration and Customs Enforcement (ICE). Some exceptions to FERPA that may allow a school to disclose student information include:

• To comply with a judicial order or lawfully issued subpoena A court order requiring someone to show up in court, usually to give information . Generally, parental notice is required before sharing records because of an order or subpoena. That way,  parents can seek a protective order, 
• In a health or safety emergency. This is true when the information is needed to protect the health or safety of the student or other people,
• In connection with a student engaged in a violent crime or sex offense, and
• To monitor the stay of international students in the Student Exchange and Visitor Information System program, meaning students in the country on “F,” “J,” or “M” visas.

These exceptions are limited and do not allow ICE general access to student records. 

School “directory information” is also an exception to FERPA privacy rules. Schools must give notice of the information they plan to publish in their directory. Parents must be given a reasonable amount of time to opt out of the directory. Tell the school if you do not want your child’s information included in the school directory.

Can you get a copy of your child's student records?

Yes. Parents and guardians can ask the school for information or student records. Your immigration status or your child's status does not impact your ability to get student records.