Keep Washington Working Act

Keep Washington Working Act: 
Guidelines and Implementation at NSC

In May 2020, the Washington State Office of the Attorney General published the Keep Washington Working Act to provide guidance model policies and best practices for public schools.

Section IV (pages 10-13) in the Keep Washington Working (KWW) Act publication addresses Model Policies for Institutions of Higher Education and states the following: “Pursuant to RCW 43.10.310(2), all Washington state public schools shall (a) adopt the necessary changes to policies consistent with the following model policies, or (b) notify the AGO that they are not adopting the changes, state the reasons that they are not adopting the changes, and provide the AGO with a copy of their policies that ensure compliance with KWW. Prior to adoption, public schools should consult with their respective legal counsel to ensure that their policies are in compliance with state and federal law. 

“The applicable definitions set forth in Section II of this publication should be adopted in conjunction with the adoption of the model policies.”
North Seattle College (NSC) has adopted the Keep Washington Working Act, which are stated below.

Applicability of Policies Related to Immigration Enforcement

1. North Seattle College (NSC) adheres to all requirements of federal and state law.
2. The provisions of this guideline shall apply to North Seattle College and all school facilities, which include (but are not limited to) adjacent sidewalks, parking areas, sports facilities, and entrances and exits from said building spaces.
3. NSC’s guidelines prohibiting participation or aid in immigration enforcement shall apply for enforcement activity against students and their families, staff, and volunteers.
4. NSC personnel shall presume that activities by federal immigration authorities, including surveillance, constitute immigration enforcement.

Access to Schools

1. NSC does not exclude students from receiving an education or unlawfully discriminate against anyone because of their race, color, national origin, age, disability, gender identity, immigration or citizenship status, sex, creed, use of a trained dog guide or service animal by a person with a disability, sexual orientation, or on any other basis prohibited by federal, state, or local law.
2. NSC shall ensure that all school staff and volunteers are aware of the rights of immigrant students to an education.
3. NSC shall ensure that information reviewed to determine eligibility for in-state tuition or other benefits and any reporting requirements is limited only to the information necessary for residency determinations and in compliance with KWW and any other applicable state or federal laws.
4. NSC shall separate all information on individuals with foreign student visa status (F, J and M visas) retained for the purpose of reporting to the Student Exchange and Visitor Information System (SEVIS)15 as part of the Student and Exchange Visitor Program from general enrollment platforms or other directory information.

Immigration Enforcement on School Grounds

1. NSC does not grant permission for any person engaged, or intending to engage, in immigration enforcement, including surveillance, access to school grounds or their immediate vicinity. NSC staff shall direct anyone engaging, or intending to engage, in immigration enforcement, including federal immigration authorities with official business that must be conducted on school grounds, to the Campus Safety and Security Department prior to permitting entrance. NSC staff shall presume that activities by federal immigration authorities, including surveillance, constitute immigration enforcement. 
2. If anyone attempts to engage in immigration enforcement on or near NSC grounds, including requesting access to a student, employee, or school grounds:
   1. Staff shall immediately alert and direct the person to the Campus Safety and Security Department who shall verify and record the person’s credentials (at least, badge number and name), record the names of all persons they intend to contact, collect the nature of their business at the school, request a copy of the court order or judicial warrant, and log the date and time and forward the request to the college president for review.
   2. Staff shall request that any person desiring to communicate with a student, enter school grounds, or conduct an arrest first produce a valid court order or judicial warrant.
   3. Designated NSC campus security personnel shall review the court order or judicial warrant for signature by a judge and validity. For NSC to consider it valid, any court order or judicial warrant must state the purpose of the enforcement activity, identify the specific search location, name the specific person to whom access must be granted, include a current date, and be signed by a judge.
   4. Designated NSC campus security personnel shall review written authority signed by an appropriate level director of an officer’s agency that permits them to enter NSC property, for a specific purpose. If no written authority exists, the college president shall contact the appropriate level director for the officer’s agency to confirm permission has been granted to enter NSC property for the specific purpose identified.
   5. Upon receipt and examination of the required information, the Designated NSC campus security personnel will determine whether access shall be allowed to contact or question the identified individual and shall communicate that decision to the authorized designee.
   6. If the requestor is seeking access or information regarding a student under 18 years old, the Registrar servings as NSC’s FERPA officer, shall make a reasonable effort, to the extent allowed by FERPA, to notify the parent/guardian of any immigration enforcement concerning their student, including contact or interview.
   7. The designated NSC campus security personnel shall request the presence of an NSC representative to be present during any interview. Access to information, records, or areas beyond that specified in the court order or judicial warrant shall be denied.

Gathering Immigration Related Information

1. NSC staff shall not inquire about, request, or collect any information about the immigration or citizenship status or place of birth of any person accessing services provided by, or in connection with the school. NSC staff shall not seek or require information regarding or probative of any person’s citizenship or immigration status where other information may be sufficient for NSC’s purposes. This does not prohibit residency officers or related staff from reviewing information from students or others on a voluntary basis in order to determine that a student is qualified for in-state tuition rates.
2. NSC guidelines for gathering and handling student information during enrollment or other relevant periods shall be made available in writing to students and their guardian(s) at least once per school year in a manner that Limited English Proficient (LEP) individuals will understand.
3. If NSC is required to collect and provide information related to a student’s national origin (e.g., information regarding a student’s birthplace, or date of first enrollment in a U.S. school) to satisfy certain federal reporting requirements for special programs, prior to collecting any such information or reporting it, NSC shall (except with respect to reporting requirements necessary for compliance with the Student and Exchange Visitor Program):
   1. If feasible, consult with legal counsel regarding its options, including alternatives to the specific program or documents accepted as adequate proof for the program;
   2. Explain reporting requirements to the student and student’s parent(s) and/or guardian(s), in their requested language, including possible immigration enforcement impact; 
   3. If moving forward with collection of information, receive and collect written consent from the student, if over the age of 18, or the student’s parent(s) and/or guardian(s); and
   4. Collect and maintain this information separately from the school/class enrollment process and student’s records in order to avoid deterring enrollment of immigrants or their children.
4. When NSC reviews information related to immigration status in order to make residency determinations, the residency officer’s written confirmation that a student meets any applicable immigration status requirement shall be considered sufficient written evidence that a student meets the requirements of RCW 28B.15.012. All other documents used to prove student or other individual immigration status, aside from those independently required by law to be kept, shall be designated as transitory and disposed of in accordance with the NSC records retention policy. Any NSC staff maintaining said information in any other way shall report their retention procedure and basis to the college president prior to collecting the information.

Responding to Requests for Information

1. NSC staff shall not share, provide, or disclose personal information about any person for immigration enforcement purposes without a court order or judicial warrant requiring the information’s disclosure or approval by the college president, except as required by law. Requests by federal immigration authorities shall be presumed to be for immigration enforcement purposes.
2. NSC staff shall immediately report receipt of any information request relating to immigration enforcement to the college president who shall document the request.
3. NSC shall, to the extent allowed by FERPA or as otherwise advised by legal counsel, notify the student’s parent(s) and/or guardian(s) of the request for information at the earliest extent possible.

Use of School Resources

1. NSC’s resources shall not be used to engage in, aid, or in any way assist with immigration enforcement. 
2. NSC’s resources and policies regarding immigration enforcement shall be published and distributed to students and their parent(s) or guardian(s) on an annual basis. These resources shall include, at minimum; 
   1. Information about accommodations for limited English proficiency, disability accommodations, special education programs (if applicable), and tuition assistance grant or loan programs that may be available regardless of immigration or citizenship status;
   2. General information policies including the types of records maintained by NSC, a list of the circumstances or conditions under which NSC might release student information to outside people or entities, including limitations under FERPA and other relevant law;
   3. Policies regarding the retention and destruction of personal information;
   4. The process of establishing consent from students and their parent(s) or guardian(s), as permitted under federal and state law, prior to releasing a student’s personal information for immigration enforcement purposes;
   5. Name and contact information for NSC’s designated point of contact on immigration related matters; and
   6. “Know Your Rights” resources and emergency preparedness forms to have completed in the event of a family separation.