Law / United States / 
Maine
Limits on public schools' consent to immigration enforcement access to education records
In force since .
A sensitive categories rule binding government bodies.
- Obligation class
- Access restriction, Prohibition
- Audit expectation
- none
What it requires
- If you act on behalf of a Maine public school or state postsecondary educational institution, do not give voluntary consent for a law enforcement officer to access education records for immigration enforcement purposes, except to disclose records to the extent a court order or state or federal law requires (20-A M.R.S. 14(3)).
- Adopt the Attorney General's model policies and guidance on consent to entry and to access to records for immigration enforcement purposes, or establish equivalent policies and guidance (20-A M.R.S. 14(5)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
Section 14 bars a person acting for a public school or state postsecondary educational institution from consenting to immigration enforcement access to education records or nonpublic areas, and requires the school or institution to adopt model or equivalent policies. It names no log, register or record of a request that must be kept, so no logging duty is coded.
- Kind
- None
- As of
What this law does
A person acting on behalf of a public school or a state postsecondary educational institution may not give voluntary consent for a law enforcement officer to access education records for immigration enforcement purposes. That limit does not prevent disclosing education records in response to a law enforcement officer's request to the extent a court order or state or federal law requires the disclosure.
An education record has the meaning the federal Family Educational Rights and Privacy Act gives it, and a law enforcement officer includes a federal officer. A state postsecondary educational institution is a university within the University of Maine System, a college within the Maine Community College System or the Maine Maritime Academy.
The same person may not give voluntary consent for a law enforcement officer to enter a nonpublic area of the school or institution for immigration enforcement purposes. Where federal law requires a public school or institution to let a law enforcement officer inspect specific records or conduct interviews on noncitizens' eligibility to work or attend school in the United States, the school or institution must designate a nonpublic area for those inspections and interviews.
Each public school and state postsecondary educational institution must adopt the Attorney General's model policies and guidance or establish equivalent policies and guidance. Until a school or institution adopts, or is required to adopt, those policies, a person acting on its behalf who gives such consent in good faith does not violate the section.
A private preschool, school or postsecondary educational institution that is not subject to the policy requirement may adopt the model policies and guidance but is not required to. Public Law 2025, chapter 770 enacted the section at the Second Regular Session of the 132nd Legislature, and the Laws of Maine give as the general effective date of that session's nonemergency laws.
When LexLint raises it
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