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SED and attorney general issue guidance on protecting immigrant students

from NYSED

In light of recent federal immigration-related actions that have created fear and confusion in New York and across the country, Attorney General Eric T. Schneiderman and State Ed Commissioner MaryEllen Elia this week reminded school districts of their duty to comply with existing state and federal laws that ensure the rights of immigrant children to attend New York's public schools without fear of reprisal. The guidance provides information on districts' duties under the law with respect to students and the confidentiality of student records. Law enforcement officers may not remove a student from school property or interrogate a student without the consent of the student's parent or guardian, except in very rare instances. The document reminds districts that under the federal Family Educational Rights and Privacy Act, parents must consent to disclosing personally identifiable student information, except in very limited situations that do not appear to cover requests from federal immigration officials to access personally identifiable student information. Click here for the full document. Click here for the DREAM Act Portal. more

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