Safeguarding Student Immigrant Rights, Privacy Protections, and School Safety Safeguards Under New York Education Law § 3201-b
Dear Parents, Legal Guardians, and Family Members,
The Poland Central School District is deeply committed to providing a safe, welcoming, and inclusive educational environment where every child can learn, thrive, and succeed. In accordance with New York Education Law § 3201-b and long-standing legal protections under Plyler v. Doe, federal and New York State laws guarantee fundamental educational and privacy rights to all students and their families.
This notice outlines your family’s statutory rights, data privacy protections, and the procedures our district maintains to ensure our schools remain secure learning havens.
Fundamental Right to a Free Public Education
- Uninterrupted Access: Every resident child between the ages of 5 and 21 has a constitutional and statutory right to attend Poland CSD free public schools, regardless of their actual or perceived citizenship, immigration status, nationality, or country of origin.
- Equal Opportunity & Non-Discrimination: Students and families may not be denied enrollment, attendance, course access, specialized programs, or extracurricular activities based on their immigration status or country of origin.
- Discriminatory Enrollment Barriers Prohibited: Poland CSD accepts a wide range of residency proofs during registration. District staff will never request a Social Security card or number, passport, visa, or any documentation that would reveal a student’s or family member’s citizenship or immigration status.
- Immediate Enrollment Protections: Migrant students, unhoused children, and youth in temporary housing are entitled to immediate enrollment and class attendance under the federal McKinney-Vento Act and New York State law, even if registration documents or health records cannot be produced immediately.
Strict Student Privacy and Record Protections (FERPA)
- Prohibition on Collecting Status Data: Poland CSD’s personnel are strictly prohibited from inquiring about, collecting, or maintaining records regarding the citizenship, nationality, or immigration status of students or their family members.
- Protection of Personally Identifiable Information (PII): Under the Family Educational Rights and Privacy Act (FERPA) and New York Education Law § 2-d, student records and PII—including student names, home addresses, phone numbers, dates/places of birth, and family contact details—are strictly confidential and cannot be shared with third parties or law enforcement without prior written parental consent, except when required by a valid court order.
- Directory Information Safeguards: Poland CSD explicitly does not designate citizenship, immigration status, nationality, or place of birth as public “directory information”.
- Annual FERPA Opt-Out: Parents and legal guardians have the right to opt out of the release of general directory information by submitting the district’s annual FERPA Directory Opt-Out Form.
Campus Safety & Law Enforcement Interaction Protocols
- Restricted Non-Public Access: District property, classrooms, transportation, and school facilities are non-public safe havens. Immigration authorities are strictly prohibited from entering non-public school grounds without a valid federal judicial warrant or court order signed by an Article III Federal District Court Judge or Federal Magistrate Judge.
- Insufficiency of Administrative Documents: Non-judicial administrative warrants
(such as DHS Form I-200 or Form I-205), civil detainers (Form I-247D), notices to appear, or administrative subpoenas do not authorize access to non-public school grounds or custody of any student.
- Prohibition on School Resource Usage: School district resources, personnel, facilities, and school buses will never be used to facilitate civil immigration enforcement activities.
- School Resource Officer (SRO) Boundaries: SROs operating in Poland CSD are strictly prohibited from accessing student education records to investigate immigration status, questioning students about citizenship, or detaining students for immigration enforcement purposes.
Student Custody Safeguards & Emergency Pickup Procedures
- Protection Against Student Surrender: Poland CSD will never release, surrender, or transfer a student into the custody of an immigration authority solely because a parent or legal guardian has been arrested, detained, or taken into federal custody.
- Safe On-Site Retention: If a parent or guardian is detained or unable to retrieve their child at the end of the school day, the student will be safely retained on school premises under proper district supervision.
- Exhaustion of Emergency Contacts: District personnel will make every reasonable effort to reach all authorized secondary emergency contacts listed in the student’s registration file.
- Protection from SCR Reporting: School staff are strictly prohibited from contacting the Statewide Central Register for Child Abuse and Maltreatment (SCR) unless all alternative emergency contacts listed in the student’s file have been fully exhausted.
Central Oversight & Parental Notification
- Designated Review Authority: Poland CSD has designated the Superintendent of Schools as the sole district official authorized to review law enforcement or immigration requests. All requests undergo mandatory legal review with District Counsel, and notification is provided to the New York State Education Department (NYSED) Privacy Office.
- Immediate Parent Notification: Unless explicitly prohibited by a federal judicial order, the district will immediately notify parents or legal guardians if an immigration or law enforcement authority requests information or access regarding their child.
Helpful Resources & Contact Information
If you need to update your student’s emergency contact forms, request translations of school notices, or ask questions regarding student rights and privacy, please contact the Poland CSD Administrative Office.
- Poland CSD Elementary Office: Phone: (315) 826-7900, at prompt, select option 2
- Poland CSD Jr./Sr. High School: Phone: (315) 826-7900, at prompt, select option 3
- Poland CSD District Office: ldutton@polandcsd.org | Phone: (315) 826-0203, or (315) 826-7900 & make no selection at prompt.
- NYSED Privacy Office: Email: Privacy@nysed.gov | Phone: (518) 474-0937 | Web: www.nysed.gov/data-privacy-security