Education associations and immigration advocacy groups have been evaluating what a January 21st U.S. Department of Homeland Security (DHS) directive that lifted the practice of avoiding immigration enforcement at locations where students gather would actually mean to schools. In a message posted to its website on Jan. 21, The School Superintendents Association (AASA) said it was unclear if the directive means that ICE enforcement activities would take place on school property. AASA also posted a reminder that the 1982 U.S. Supreme Court decision in Plyler v. Doe said states cannot constitutionally deny students a free public education based on their immigration status.

AASA  said it anticipates that ICE agents may request data from schools and advises school leaders to ensure staff are trained on the protections for students’ data under the Family Educational Rights and Privacy Act (FERPA). AASA has also offered recommendations in an online posting for how to prepare for potential ICE enforcement on school campuses, what to consider if a student’s parents have been detained, and other potential scenarios.

In addition, in a fact sheet on the DHS policy change, the National Immigration Law Center (NILC) said all people in the U.S. have certain rights regardless of immigration status, including Fourth Amendment protections from unreasonable searches and seizures and the Fifth Amendment right to remain silent when confronted by law enforcement.
Likewise, the National Newcomer Network (NNN), a project of The Century Foundation, outlined three main recommendations for districts and schools:
-Stay updated on federal policy. A district’s legal team should analyze changes to policy and communicate those interpretations to district and school leaders.
-The district should develop or re-release guidance on how school staff should interact with immigration enforcement authorities. Guidance, training materials and best practices should be shared with front office staff, bus drivers and other employees. 
-School leaders should reaffirm their commitment to children and families, including by sharing resources about their rights to education and any available community-based supports. 

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On January 21, 2025, the U.S. Department of Homeland Security (DHS) lifted the practice of avoiding immigration enforcement at locations where students gather. In fact, according to DHS, schools are no longer off limits for immigration enforcement operations since elementary and secondary schools, colleges, hospitals, and churches will no longer be considered “sensitive” areas, which used to compel agents from conducting raids in those facilities. Protected areas also included places where children, teens and young adults gather, such as playgrounds, recreation centers, child care centers, school bus stops, vocational or trade schools, and preschools.

A statement from the DHS says that “[c]riminals will no longer be able to hide in America’s schools and churches to avoid arrest. The Trump Administration will not tie the hands of our brave law enforcement, and instead trusts them to use common sense.”

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The Autism CARES Act is a federal law that for the next five years will provide nearly $2 billion for research, training and services, including for early detection and interventions.

-The newly signed federal law calls on federal agencies to update a report on the challenges faced by youth with autism when transitioning from school-based services into adulthood.

-The mandated report is required by the reauthorized Autism Collaboration, Accountability, Research, Education, and Support Act, or the Autism CARES Act, which President Joe Biden signed into law in December after passage with bipartisan support in Congress. The law authorizes nearly $2 billion for autism research and training programs in fiscal years 2025-2029.

-About 13% of students with disabilities were identified with autism during the 2022-23 school year. That’s an increase of 8 percentage points from the 2008-09 school year, when about 5% of students participating in special education services were identified with autism, according to the U.S. Department of Education. 

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Among remembrances of former president Jimmy Carter is his signing of S. 210 on October 17, 1979, which created the U.S. Department of Education (USDE) and became operational in May of 1980.

In creating the USDE, Congress said the intention of the agency was to strengthen equal education opportunities for students and to improve the quality of education by supplementing the efforts taking place in the states and local districts.

Since its inception, there have been attempts to dismantle the USDE, but those congressional proposals have been unsuccessful. Presently, President-elect Donald Trump has vowed to eliminate the Education Department and send “all education and education work and needs back to the states.”

Source: K-12 Dive