KLGB: NONLOCAL LAW ENFORCEMENT ACCESS TO SCHOOL FACILITIES
The Kittery School District is committed to maintaining a safe and secure learning environment for its students, staff, and visitors. In addition, the US Supreme Court has established that all children, regardless of immigration status, have the right to a public education. This policy establishes clear guidelines for access to District schools and grounds by nonlocal law enforcement agencies.
Federal Court Warrant Requirement In the absence of a federal court warrant, the Kittery School District does not consent to nonlocal law enforcement entering school buildings, grounds, or other District facilities.
Conditions for Entry Without a Warrant Nonlocal law enforcement may access District facilities without a federal court warrant only if they:
○ Display credible evidence, validated by the Kittery Police Department, of an imminent threat to the safety of students, staff, or others on school grounds; or
○ Demonstrate that their entry is necessary to respond to an emergency situation that cannot be delayed and that has been verified by the Kittery Police Department.
Verification of Authority
○ Prior to granting access, school administrators or designees must verify the credentials of the nonlocal law enforcement personnel and document the purpose of their presence.
○ Nonlocal law enforcement must provide a copy of a warrant or written evidence of an imminent threat as soon as practicable.
Notification Requirements
○ The school principal or designee must immediately inform the Superintendent of Schools of any request by nonlocal law enforcement to access school facilities, whether or not entry is granted.
○ If access is granted, the principal or designee must document the details of the interaction, including the identity of the law enforcement personnel, the reason for access, and any actions taken on school grounds.
Student and Staff Rights
○ Schools cannot deny a student a public education based on immigration status.
○ The District will take reasonable measures to protect the rights of students and staff during interactions with nonlocal law enforcement.
○ No student or staff member will be questioned or detained by nonlocal law enforcement without the explicit consent of a parent/guardian (for minors), staff member, or their legal representative, unless required by law or in response to an imminent threat.
○ A child has the right against self-incrimination and may not be required to provide any information that would establish their residency status.
○ Educational institutions are prohibited from sharing personally identifiable information without parental consent under the Family Educational Rights and Privacy Act (FERPA). Furthermore, FERPA explicity supersedes any conflicting state laws that attempt to mandate the release of protected student data.
Definitions
● Nonlocal Law Enforcement: Law enforcement personnel who are not members of the Kittery Police Department or other local law enforcement agencies with established jurisdiction in Kittery.
● Federal Court Warrant: A federal court warrant is issued by a District Judge or Magistrate Judge of a US District Court. It permits an immigration officer or member of law enforcement to search or seize property and to enter a non-public place, including a school, to arrest a person named in an arrest warrant.
● Administrative Warrant: An administrative warrant is commonly used by immigration officers. However, it does not give immigration officers special authority to compel school officials to cooperate, nor does it allow officers to access non-public areas of school grounds or search school records. An administrative warrant is NOT a federal court warrant.
● Imminent Threat: A situation where there is an immediate and credible risk of harm to students, staff, or the public that requires urgent intervention.
● Family Educational Rights & Privacy Act (FERPA): a federal law that protects the privacy of students' education records.
Enforcement and Compliance
All District staff are required to comply with this policy. Failure to adhere to these procedures may result in disciplinary action and/or legal liability.
Legal References
● Maine Revised Statutes, Title 20-A: Education
● Applicable federal and state laws regarding law enforcement and student rights
● Plyler v Doe
● Family Educational Rights & Privacy Act (FERPA)
Policy Review and Revision
This policy shall be reviewed routinely by the Superintendent and the School Committee and revised as necessary to remain compliant with applicable laws and best practices.
Adopted: March 4, 2025