Area districts respond to OSPI immigration guidelines

OLYMPIA — The Washington State Office of the Superintendent of Public Instruction released guidelines in January outlining practices it said are to ensure the protection of immigrant students' rights in K-12 public schools.   

The OSPI report comes after President Donald Trump’s Executive Order 14148 rescinded a policy that limited Immigration and Customs Enforcement’s ability to operate in schools, hospitals and places of worship. 

“We are aware that the federal government has removed the ‘protected areas’ designation, which previously limited immigration enforcement actions on school grounds,” Quincy School District Superintendent Nik Bergman said via email. “While we are closely monitoring these changes, our district’s commitment remains the same: every student deserves to feel safe, seen, valued, and accepted so they can focus on learning.” 

Othello School District Superintendent Pete Perez said the difficulty of the changes comes with the speed at which policies are evolving and confusion surrounding them.

“Ultimately, schools, for the most part, have been about local control. Then what's happening at the federal level, that then hits the state level in Olympia, it trickles down to a place like Othello,” Perez said. “It has created confusion for a number of folks. We're doing our best every day to provide as much clarity and connect dots for folks, because that uncertainty certainly contributes to the tension, and I think our responsibility is to provide clarity, to bring that tension down, and to focus on what we're supposed to do, which is teach every kid who comes into our schools every day.”  

Despite the executive order, the OSPI report said public schools have Constitutional and moral obligation to offer free, high-quality education to all students.  

“If you're a student residing in the Othello School District, you come to our schools, and we're going to give our best effort every day to make sure you feel comfortable there,” Perez said. 

Ephrata School District Superintendent Ken Murray echoed Perez.  

“At Ephrata Schools, our mission is to support kids and their learning. We do that by creating a safe, welcoming and encouraging environment for students and their families,” Ephrata School District Superintendent Ken Murray wrote in a statement. “We believe that schools are more than just places of education — they are centers of growth, connection and community. We remain deeply committed to safeguarding the well-being of every student entrusted to our care. Immigration policies are at the forefront of national conversations. We understand that some may have concerns about how potential actions could impact our children and our schools.” 

The OSPI report cites state and federal laws prohibiting discrimination based on race, color or national origin. It also notes that Washington state law prohibits discrimination on the basis of citizenship or immigration status.  

The report also specified that public school districts cannot engage with federal immigration authorities solely to share student information. 

In Ephrata, multiple school policies and chapter 43.10.310 of the Revised Code of Washington prevent proactive reporting of legal residency to ICE and other authorities.

“School staff cannot assist or facilitate immigration enforcement or grant interviews with immigration authorities unless those requests are legally mandated by a valid judicial warrant,” Murray said in his statement. 

According to the guidelines established in the report, school districts are encouraged to adopt key practices to uphold state and federal law. These include ensuring timely enrollment of all students, collecting only necessary personal information and providing educational services without discrimination. Under no circumstances should schools deny enrollment or treat students differently based on their immigration status. 

“MLSD will continue to protect students' rights within the scope of the law, protect student records and comply with privacy laws, provide equal access to academic programs and support services and train staff on relevant policies and procedures to ensure compliance,” Moses Lake Superintendent Carol Lewis wrote in a statement to the Columbia Basin Herald. “We will implement these guidelines in accordance with the law while continuing to support our students and families.” 

OSPI's report says schools cannot ask families to disclose immigration statuses. Instead, schools are instructed to facilitate enrollment by creating alternate methods to verify student age and residency.  

As part of the guidance, OSPI urges schools to maintain student privacy. It emphasizes that under federal laws, particularly the Family Educational Rights and Privacy Act, or FERPA, education records should not be disclosed to anyone who isn’t a legal guardian off the student. This includes federal immigration authorities without appropriate legal justification.  

“Moses Lake School District is committed to ensuring all students have access to a safe and supportive learning environment, as required by state and federal law,” reads a statement from Lewis. “The OSPI Guidelines for the Protection of Immigrant Students provide clarity on enrollment, student privacy and access to educational services.” 

Moreover, schools must have policies addressing requests for student information related to immigration enforcement, ensuring they are in compliance with privacy laws. 

The state has protections including RCW 28A.600.475 which prevents school districts from releasing information without the written consent of a student’s parent or guardian. The procedures must also be in compliance with the FERPA. School districts can provide information only when directed by a court order or lawfully issued subpoena. According to RCW 13.40.480 parents and or guardians must be notified of such actions.  

“District Policy 4300 and Procedure 4300, aligned with RCW 43.10.310, limits school involvement in immigration enforcement, which ensures that schools remain safe and inclusive spaces for all students, regardless of immigration status,” Bergman wrote. “School staff cannot assist or facilitate immigration enforcement unless legally required, such as when presented with a valid judicial warrant. Additionally, these policies restrict the sharing of student information or allowing interviews by immigration authorities without proper legal authorization.” 

The report also addresses food services for immigrant students, clarifying that eligibility for free and reduced-price meals is not contingent upon citizenship or immigration status.  

OSPI emphasizes the importance of providing equal access to special education services, affirming that citizenship is not a condition for receiving support under the Individuals with Disabilities Education Act. School districts are required to engage in proactive outreach efforts to identify undocumented students who may require special education services, ensuring comprehensive support for all students with disabilities. 

Language access requirements are also outlined by OSPI. Schools are urged to designate language access liaisons and adopt policies to facilitate meaningful communication with parents and guardians who have limited English proficiency. The OSPI document says the goal is to ensure language barriers do not impede education. 

“As we carefully review how these federal changes impact our schools, our priority is to protect students’ privacy while complying with federal, state, and local laws,” Bergman said. “We will communicate openly with our community if new developments occur. Families with questions or concerns are encouraged to contact their child’s school or the district office.”

Additionally, OSPI indicated the necessity for schools to develop trusting relationships with immigrant families. By dispelling concerns about immigration enforcement, schools can encourage greater family engagement and enhance student attendance among those concerned about their immigration status, the report said. 

“I think the particular incident that I'm aware of involves one of our high school students and his family and some of the media that was attracted to that story,” Perez said. “It created an opportunity for people to step up and say, ‘This is how we're supporting our students.’ It also created an opportunity for families to have really hard conversations about immigrant safety plans that they're forced to have because of their status. So has there been increased tension, I think, and fear amongst our families? Absolutely.”  

The report follows the enactment of the Keep Washington Working Act of 2019, which mandates schools uphold the rights and dignity of all residents, including those without legal immigration status.  

Perez said the focus remains on following the law and OSPI guidelines. 

“We continue to be responsive through either mental health support or social support or that whole network of things that schools do day to day to make sure that every kid feels safe,” he said.  

The focus remains on students and making sure they’re taken care of, regardless of the politics involved, Perez added.

“I think it's important in an area like the Columbia Basin that's so dependent on the skill and labor of folks who come to our country looking for more opportunity, that we balance our responsibility and our thoughts about sort of the national politics around us and really focus on what matters in our community and for our constituents, and you know that we treat everybody with dignity because they all deserve that,” Perez said. 

For further information and access to the full report, visit: bit.ly/ImmigrationOSPI.