KYR: Immigrant Students and Families (EN/ES)

Under the U.S. Supreme Court's ruling in Plyler v. Doe (1982), all people, regardless of their immigration status, are entitled to constitutional protections. This means that schools cannot deny enrollment on the basis of immigration status or require proof of legal residency. 

Delaware’s Equal Accommodations law also prevents discrimination against people because of their race, age, marital status, creed, color, sex, disability, sexual orientation, gender or national origin.  
 
Any public school or charter school that accepts public funding must follow these rules.  

• Schools cannot discriminate against students on the basis of race, color, or national origin. 
• Undocumented children cannot be denied a free public education when others in the community receive it, and schools must not require families to prove their immigration status in order to enroll their children in school.  
• Schools are prohibited from collecting the immigration status of students or their families. If you are asked to provide your status or anyone else in your household, politely decline to provide the information. 
• Students with limited English proficiency cannot be turned away by public schools, which must provide them with language instruction. 
• Enrollment and other documents should be translated into languages other than English and schools should be able to respond to parents who do not speak English. 

The Family Educational Rights and Privacy Act of 1974 (FERPA) keeps your school and school staff from being able to share information about you that could be used to identify you. This includes things like your grades and your class schedule, but also generally includes your immigration status.  

Only in very rare circumstances may your school be allowed to disclose student information with a parent or students’ consent.  

If ICE requests access to student records:  

• They must have a valid court order or subpoena in compliance with FERPA or immigration laws or regulations. 
• Schools are required to allow parents and eligible students a reasonable amount of time to request that the school not disclose information about them. 

Can ICE Enter Schools:

• There is no federal law preventing ICE from ever entering schools.
• However, ICE cannot enter a school unless they have a valid warrant signed by a judge. 

If ICE Enters a School: 

• If ICE agents enter the school building, stay calm and do not try to run away or resist.  
• You have the right to remain silent. You are not required to speak to ICE agents or answer questions about your immigration status or the immigration status of another person. 
  • Say “I am exercising my right to remain silent.”  
• Even if ICE agents have a valid warrant, you may remain silent. 

All students, regardless of national origin or immigration status should not be subject to bullying and harassment. 

Delaware state law requires all public schools to implement policies that prohibit anti-bullying and harassment, ensure procedures, and protect individuals from retaliation. 

If you experience bullying or harassment:  

• Report it to the principal or another school official right away. 
• Keep detailed notes with dates of all instances of bullying harassment incidents that occur.  
• Under Delaware state law, school officials are obligated to protect you and take action to stop bullying and harassment.  
• Report bullying to the Attorney General’s School Crime and Bullying hotline at (800) 220-5414. 
• The Delaware Public Education Ombudsperson Program assists students and families to advocate and resolve educational disputes. To speak with program staff or to start the intake process: 
  • Call (302) 327-1088, 
  • or complete the online referral form (available in English and Spanish). 
• The Delaware Human and Civil Rights Commission may act as conciliator/mediator in school culture issues. 
  • To begin the informal process, complete and return the Intake Discrimination Complaint Form to 820 N. French Street, 4th Floor Wilmington, DE 19801.