KNA – Immigration Enforcement on ESD Property

The ESD complies with state and federal law, including Oregon Revised Statute (ORS) 180.805 and ORS 181A.826, when responding to requests from federal immigration authorities regarding immigration enforcement. Absent a judicially authorized warrant, subpoena or court order, ESD staff must not allow federal immigration authorities access to the ESD’s records or facilities not open to the public for the purposes of immigration enforcement and must verify the validity of any warrant, subpoena or court order involving immigration enforcement presented to them by federal immigration authorities to ensure it is judicially authorized. Examples of judicial and administrative warrants and subpoenas can be found in the Oregon Attorney General’s Model Public School Policies.¹ The superintendent or designee must review and approve any response to a request involving immigration enforcement. The ESD will provide ongoing training to designated staff to ensure compliance with this policy.

This policy will be made available on the ESD’s website².

Designation of Primary Point of Contact

The superintendent is the primary point of contact for coordinating interactions with federal immigration authorities occurring in the ESD (“immigration liaison” ). The director of HR (human relations) shall serve as an alternative point of contact during the immigration liaison’s absence or unavailability (“alternate immigration liaison”).

The immigration liaison’s responsibilities include:

1. Serving as the ESD’s representative during encounters with federal immigration authorities;
2. Confirming when federal immigration authorities have entered ESD property for immigration enforcement purposes;
3. Ensuring federal immigration authorities engaging in enforcement activities at the ESD have notice of relevant ESD policies: JO/IGBAB – Education Records/Records of Students with Disabilities, JOA – Directory Information, JOB – Personally Identifiable Information and this policy;
4. Assisting staff in performing their duties in response to immigration enforcement efforts, including ensuring compliance with all ESD policies and procedures related to interactions with federal immigration authorities and immigration enforcement efforts;

5. Reviewing and responding to requests from federal immigration authorities, in coordination with, and under the direction of, the superintendent or designee;
6. Facilitating the ESD’s compliance with lawful immigration enforcement efforts in a manner that does not unnecessarily disrupt the environment or invade the privacy of students, staff, or volunteers;
7. Providing notice as required in this policy when a federal immigration authority has been confirmed to have entered ESD property for immigration enforcement.

Required Notice

When a federal immigration authority is reported to have entered ESD property for the purpose of immigration enforcement the immigration liaison shall confirm whether federal immigration authorities have entered ESD property for immigration enforcement and when confirmed, shall provide notice as follows:

1. Notice must be provided to:
   1. Students who attend any ESD school where the federal immigration authority is confirmed to be on school property for immigration enforcement and who are in grades 7 and above;
   2. Parents or guardians of students attending any ESD school where the federal immigration authority is confirmed to be on school property for immigration enforcement;
   3. Staff of the ESD where the federal immigration authority is confirmed to be on ESD property for immigration enforcement; and
   4. Community-based service providers that have requested to receive notice when a federal immigration authority is confirmed to be on ESD property for immigration enforcement. Community-based service providers can request to receive such notifications by contacting the immigration liaison at the ESD office.
2. Notice must include:
   1. The general location of the federal immigration authority; and
   2. Whether classes or ESD operations were affected by the presence of the federal immigration authority
3. Notice must not disclose:
   1. Personally identifiable information;
   2. Other information that may not be legally disclosed; or
   3. Other information when the disclosure may threaten the health or safety of students or staff of the ESD or is prohibited by a court order.

The required notice will be provided as expediently as possible using existing methods used for providing electronic communications.

Unless otherwise prohibited by law or court order, the ESD will make reasonable efforts to provide notice to a student, or to the parent of guardian of a student, when the ESD has provided information related to the student to a federal immigration authority.

Training

The ESD will provide the immigration liaison and alternate immigration liaison with training as follows:

1. The training must include information on the requirements of House Bill 4079 (2026), any applicable model policies published by the Attorney General, and this policy; and
2. The training must be provided at the time of designation and at least once every two years thereafter.

END OF POLICY

Legal Reference(s):

• ORS 180.810
• ORS 180.805
• ORS 181A.826
• OAR 581-021-0371
• Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g (2012); Family Educational Rights and Privacy, 34 C.F.R. Part 99 (2017).
• Oregon Attorney General’s K12 School Model Policy
• Senate Bill 1538 (2026).
• Senate Bill 1594 (2026).
• House Bill 4079 (2026).

Cross Reference(s):

• IGBAB/JO - Education Records/Records of Students with Disabilities
• JOA - Directory Information
• JOB - Personally Identifiable Information

¹ https://www.doj.state.or.us/wp-content/uploads/2026/06/Attorney-Generals-Model-Public-School-Policies-in-Compliance-with-SB-1538.pdf

² Must be provided in culturally appropriate languages that are used to communicate effectively with parents and guardians of students in the ESD, as determined by the Board.