Liberty Central School District is aware that the recent changes in immigration policies have caused concerns among many families in the LCSD community. The goal of the district is to make the learning environment a safe one for all Redhawk students. The district recently shared a letter highlighting how Liberty supports the entire school community. The district also has compiled a list of frequently asked questions, listed below, regarding the rights of migrant and immigrant students.

Additional questions may be emailed to questions@libertyk12.org.

Frequently Asked Questions Concerning Rights of Immigrant Students

Does immigration status impact a student’s right to education in New York State?

No. Under New York law, all students ages 5 to 21 who have not received a high school diploma are entitled to a free public education in the district in which they live. Liberty Central School District (“LCSD”) will not refuse admission to any student based on national origin, race, language proficiency, country of origin, immigration status, or any other legally protected characteristic.

Must LCSD immediately enroll migrant students?

Yes. Consistent with law, LCSD will immediately enroll migrant students, even if they lack proof of residency, immunizations, school records, or other documents typically required for registration. LCSD may allow students who are from out of state or county to attend school for up to 30 calendar days if the student does not have immunization documentation but there is evidence of a good faith effort to obtain immunizations.

Are there any documents LCSD may not ask for when a student seeks to enroll in one of its schools?

Yes. LCSD may not request a Social Security Card or number, or any information that would reveal immigration status of the student or the student’s parent/guardian or person in parental relation at the time of enrollment.

What will LCSD do if it receives a request from an ICE or other law enforcement officer to access student records?

Absent parent/guardian or eligible student (age 18 or older) consent, LCSD may only release student records to an ICE or other law enforcement officer where the officer has a court order or a lawfully issued subpoena. If LCSD is legally required to disclose student records, LCSD will attempt to notify the parent/guardian or eligible student of the court order or subpoena before disclosing the records (unless the court order or subpoena prohibits LCSD from doing so).

What will LCSD do if an ICE or other law enforcement officer demands to question a student on school property and/or remove a student from school property?

Generally, ICE and other law enforcement officers may only question a student on school property or remove a student from school property (1) where they have a lawfully issued warrant providing court-authorized access to a student; (2) with consent from a parent/guardian; or (3) if the student is accused of committing a crime on school property and school or LCSD personnel invite law enforcement officers to investigate. If none of these criteria are met, LCSD will not permit officers to speak or access the student on school property.

What will LCSD do if a School Resource Officer (“SRO”) requests to access a student’s records to determine a student’s immigration status?

LCSD has a Memorandum of Understanding (“MOU”) with the Village of Liberty Police Department and the Village of Liberty outlining the duties of SROs and the scope of SRO responsibilities at LCSD. The MOU can be accessed on the LCSD’s website.  

Consistent with the MOU, an SRO may not access a student’s education records for the purpose of determining a student’s immigration status. If an SRO obtains information about a student’s immigration status, the SRO is not authorized to re-disclose that information to other law enforcement officers or federal immigration officials.

What will LCSD do if an SRO demands to question a student on school property about the student’s immigration status?

Consistent with the MOU, SROs cannot detain or otherwise interrogate a student for the purpose of determining the student’s (or their family’s) immigration status.

What happens if a student is being harassed, bullied, or discriminated against based on their actual or perceived immigration status?

Federal law, New York State law, and LCSD policy prohibit harassment, bullying, and discrimination based on actual or perceived race, color, national origin, ethnic group, citizen or immigration status, and any other legally protected characteristic. Consistent with LCSD’s Dignity for All Students Act Policy, LCSD is committed to creating a school environment free from harassment, bullying, and discrimination. If LCSD receives information that harassment, bullying, or discrimination has or is occurring, it will investigate the situation and discipline offenders consistent with LCSD policy.