OSPI issues guidance to schools to protect undocumented students amid immigration crackdown
.JPG "State Superintendent of Public Instruction Chris Reykdal issued guidance on protecting all students in Washington regardless of legal status.")
Washington state’s schools superintendent reaffirmed Thursday that K-12 schools will continue to serve — and protect — the state’s undocumented students.
The Office of Superintendent of Public Instruction issued guidance for school districts amid a crescendo of federal immigration-enforcement efforts. The guidance details state and federal safeguards for students without legal status.
OSPI’s move comes in response to a federal crackdown on immigration taking effect just days into President Donald Trump’s second term.
Trump issued a series of executive orders on inauguration day targeting illegal immigration. Under his new administration, federal authorities can arrest immigrants in “sensitive locations” such as churches and schools. Previous guidance had prevented that for more than a decade.
State Superintendent Chris Reykdal said in a Thursday news release that OSPI has fielded many questions and concerns from families, schools and lawmakers.
“As we monitor the actions of the new federal administration, I want to be clear: Washington state is and will remain a state that is unequivocally committed to supporting all of our students and their families,” he said.
About 21,660, or 2%, of Washington state students are migrants, according to OSPI data.
OSPI’s news release noted that public schools nationwide have moral and constitutional obligations to offer a quality free education to all students within district boundaries.
State and federal law prohibits discrimination based on national origin, color or race, the release says. In addition, state law bans discrimination related to immigration or citizenship status.
Trump’s return to the White House coincided with the second week of the 2025 Washington legislative session.
Gov. Bob Ferguson told McClatchy Wednesday how the state is preparing to respond to the president’s deportation aims.
The day before, Attorney General Nick Brown announced a lawsuit challenging Trump’s executive order that seeks to cease birthright citizenship. On Thursday, a federal judge in Seattle temporarily blocked Trump’s executive order on birthright citizenship, calling the order “blatantly unconstitutional.”
Reykdal has applauded Brown for taking swift legal action.
“In Washington state, we will do everything we can to protect our students, no matter their citizenship status,” he said in the news release. “Our State Constitution ensures access to a basic education for every child residing within our state’s borders. Our Constitution does not identify citizenship as a qualification to receive an education.”
What should schools do if immigration authorities show up?
As noted in OSPI’s guidance, Washington schools cannot initiate contact with federal immigration authorities to share information about students. If such officials make contact first, then school districts must follow certain steps.
Immigration authorities who approach campus should be directed to the principal or “authorized designee.” Anyone wanting to speak with a student, enter campus grounds or make an arrest must first show a judicial warrant or court order.
Next the principal should refer the request to the superintendent and/or legal counsel. The order or warrant will then be reviewed for validity and a judge’s signature.
Schools are barred from granting access to records or additional information beyond what’s laid out in the warrant or order. The district should seek to alert the parent or guardian about the situation.
What else is in OSPI’s guidance?
All students, regardless of citizenship or immigration status, should continue to be included in the state’s school system, OSPI says. Schools shouldn’t indicate that social security numbers or birth certificates are needed for enrollment.
The guidance also states that schools don’t have the authority to enforce federal immigration laws. Faculty and staff should refrain from asking for information that could chill student enrollment.
Schools in other states have reportedly been used to identify or detain undocumented children, according to OSPI. The agency said it is working to confirm those reports, as well as whether the same is occurring in Washington.
Response to school-immigration crackdown
Shasti Conrad, chair of the Washington Democratic Party, noted that the state Constitution regards education as the state government’s prime duty. The way she sees it, fear of deportation has no place in a learning environment.
“Washington Democrats applaud the guidance to schools from OSPI [Superintendent] Reykdal to protect the constitutional rights of students and families throughout Washington,” Conrad said in an emailed statement. “This is not only a constitutional obligation, it is a moral one to protect children from Trump’s illegal overreach.”
Teacher Shannon McCann with the Washington Education Association said most of the state’s school districts have “safe-zone policies.” These affirm that students have the right to come to class and be safe, and ensure that schools have procedures for what to do if a federal authority turns up.
McCann said that, despite the eye-grabbing headlines, people should remember that students are supported and welcomed in school buildings statewide. The law of the land enshrines students’ right to a public education — regardless of status.
The federal administration is effectively sending the message that “they don’t want students to show up at school,” she said. Yet teachers want every student to have high-quality learning experiences: “And that’s what we’re here to do.”
“So, other distractions and other cruel measures of scaring children is really abhorrent and disappointing,” McCann continued. “But we know what we’re focused on, and that’s every single student getting a chance to learn and succeed.”
This story was originally published January 23, 2025 at 1:52 PM.
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