Broward County Schools Superintendent Dr. Howard Hepburn has issued a memo to public school principals outlining procedures for handling potential immigration-related issues on campus. The guidance comes as Florida Governor Ron DeSantis convenes a special legislative session on immigration in Tallahassee and amid recent federal policy changes.

The memo, sent Monday, provides direction to school leaders in the event federal immigration agents, such as those from U.S. Immigration and Customs Enforcement (ICE), appear at schools. Dr. Hepburn emphasized compliance with the Family Educational Rights and Privacy Act (FERPA), underscoring that student information must not be disclosed without proper authorization.

“Adherence to FERPA is paramount,” Hepburn wrote, reminding principals of the legal protections in place to safeguard student records. The memo directed school officials to consult with the district’s General Counsel's Office before taking any action involving immigration agents or requests.

The Family Educational Rights and Privacy Act (FERPA) is a federal law enacted in 1974 to protect the privacy of student education records. Administered by the U.S. Department of Education, FERPA grants specific rights to parents and students regarding the access, disclosure, and amendment of education records. These rights transfer from parents to students once they turn 18 or attend a school beyond the high school level, at which point the student is considered an "eligible student."

Under FERPA, schools are generally prohibited from disclosing personally identifiable information (PII) from a student’s education records without written consent from the parent or eligible student. Exceptions are limited to specific situations, such as compliance with a court order or when sharing information with certain government officials, including federal immigration agents, in accordance with law. However, the law ensures that any such disclosures are carefully scrutinized and authorized.

In the context of immigration enforcement, FERPA plays a critical role in protecting students' information. If federal immigration agents, such as those from ICE, request access to student records, schools must verify the legal validity of the request before providing any information. This often requires the involvement of the district’s legal counsel to ensure compliance with FERPA and avoid unauthorized disclosures.

Dr. Howard Hepburn’s memo to Broward County school principals highlighted FERPA’s importance, reminding administrators that they are legally obligated to safeguard student data and seek legal advice before responding to immigration-related requests. This guidance aims to ensure that schools uphold their legal and ethical responsibilities while fostering trust and security among students and families.

FERPA grants parents and eligible students the following rights:

• Access to Records: The right to inspect and review education records maintained by the school.
• Amendment Requests: The right to request corrections to records they believe are inaccurate, misleading, or in violation of the student’s privacy rights.
• Control Over Disclosure: The right to consent to the disclosure of PII, with limited exceptions for specific lawful purposes.

By enforcing FERPA, schools provide an essential layer of protection for students and their families, especially in sensitive situations involving immigration or other high-stakes legal issues.

Acknowledging the unease that immigration issues can bring for students, families, and staff, Hepburn urged schools to remain welcoming and supportive.

“The district recognizes the anxiety and uncertainty these issues can create,” he stated. “Our schools must continue to be a place where all students feel safe and supported.”

Hepburn reassured school principals that the district is closely monitoring the legislative session and changes at the federal level, vowing to provide updates as new information becomes available.

The memo reflects the growing tension surrounding immigration enforcement and policy in Florida. Governor DeSantis, a prominent advocate for stricter immigration laws, has recently pushed for state-level initiatives to bolster enforcement and limit undocumented individuals' access to public services.

The federal government has also rolled out policy shifts aimed at addressing immigration challenges, prompting concern among educators and community leaders about their impact on students.

By issuing proactive guidance, Broward County Schools joins districts nationwide grappling with the complexities of immigration policy and its effects on public education.