SB 1538 – SUBMIT TESTIMONY HERE before 2/25 at 8am. Work Session scheduled for 2/25

CONTACT LEGISLATORS FOR A NO VOTE

SB 1538 – Tells schools how to respond to immigration issues. Requires district school boards to admit all students to all schools and programs of the school district. Prohibits discrimination in education related to immigration or citizenship status. Adds requirements for model policies prepared by the Attorney General related to immigration enforcement at public schools. Requires school districts and education service districts to adopt related policies and procedures and to provide training to district employees related to the policies and procedures. Takes effect July 1, 2026.

AMENDMENT -7: The amendment modifies the requirement for admission to district programs to include only instructional
programs.

• It provides for exceptions in cases where state law specifies certain requirements for foreign exchange students and modifies the definition of discrimination to exclude higher education institutions in certain circumstances.
• It modifies the model policy to encourage rather than require legal consultation.
• It removes the requirement that school districts adopt the model policies published by the Department of Justice and adds a requirement that they distribute the model policies to their employees.

This bill defends “illegal” behavior and lays responsibility on our education system for protecting illegal behavior. Adds additional and unnecessary burdens on public school educators and administrators with an extra layer of bureaucracy and compliance.

Based on the 14th Amendment of the U.S. Constitution, in 1982, the Supreme Court ruled in Plyler v. Doe that states cannot constitutionally deny students a public education based on their legal immigration status.
In 2023, Oregon’s immigrants paid $2.1 billion in state and local taxes which helped fund this basic right. But the case did not include immigration enforcement.

This bill is an attempt to further obstruct the enforcement federal immigration laws deporting criminals. It incorrectly thrusts district superintendents and their designees (school employees) into the ad-hoc position of legal analyst & paralegal. There is absolutely no one qualified to even attempt “verifying the validity of any warrant or court order”, be it for immigration enforcement or any other purpose, other than an attorney serving as District Counsel. There is no logical reason to intentionally jeopardize the receiving of federal education funds. To do so is to ignore the legitimate needs of residents within the State legally, no matter their economic or education levels.

Immigration Enforcement Policies:

• Mandates the Attorney General to create model policies limiting immigration enforcement at public schools
• Requires all school districts, education service districts, and public charter schools to adopt these policies
• Policies must include warrant verification processes, superintendent approval for responses to immigration requests, and legal consultation requirements
• Schools must provide training and implementation and copies of adopted policies to all employees
• Clarifies that “law enforcement” does not include federal immigration authorities when it comes to disclosing student records. Student information can only be shared with law enforcement for health/safety emergencies (excluding immigration enforcement).

Write legislators