Spring 2017
Committee:
RAC
Whereas, the United States of America is a nation of immigrants, built by diverse peoples. Specifically, in California, “approximately one tenth of California’s workforce are undocumented and contributing $130 billion annually to its gross domestic product” (Citation 1); and
Whereas, the current presidential administration’s immigration and education policies have resulted in populations within the California Community College (CCC) system to express concern in regards to policies that would require the cooperation of CCC officials to assist federal agencies in the enforcement of immigration laws; and
Whereas, “the Family Educational Rights and Privacy Act (FERPA) is a Federal law that protects the privacy of student education records in all schools that receive funds under any applicable program of the U.S. Department of Education (DOE)” (Citation 2). However, in Gonzaga University v. Doe, the Supreme Court ruled that individual students or their parents do not have the right to bring legal actions against a covered educational institution for FERPA violations and that only the DOE has the authority to (Citation 3); and
Whereas, the introduction of H.R. 899 seeks to terminate the DOE by December 31, 2018 (Citation 4), and selective enforcement of FERPA by the DOE or an elimination of the DOE would result in privacy violations by educational institutions going unregulated; be it
Resolved, that the Student Senate for California Community Colleges (SSCCC) encourage associated student organizations (ASOs) to support the creation of safe haven schools to ensure that all students have an opportunity to receive an education in the CCC system; and be it further
Resolved, that the SSCCC encourage ASOs to advocate for the non-cooperation of their community college with any efforts to create a registry of students based on any protected status without a judicial warrant, subpoena, or court order unless authorized by the student or required by California state law.
Citation 1: Linthicum, K. (2014, September 4). Nearly 1 in 10 California workers is in country illegally, study finds. The Los Angeles Times. Retrieved from http://www.latimes.com
Citation 2: Family Policy Compliance Office (2015). Family Educational Rights and Privacy Act (FERPA). U.S.Department of Education. Retrieved from https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html
Citation 3: JUSTIA. (2002). Gonzaga Univ. v. Doe. US Supreme Court. Retrieved from https://supreme.justia.com/cases/federal/us/536/273/case.html
Citation 4: Kentucky’s 4th District. (2017). Rep. Massie Introduces Bill to Abolish Federal Department of Education from
https://massie.house.gov/newsroom/press-releases/rep-massie-introduces-bill-to-abolish-federal-department-of-education.
Whereas, the current presidential administration’s immigration and education policies have resulted in populations within the California Community College (CCC) system to express concern in regards to policies that would require the cooperation of CCC officials to assist federal agencies in the enforcement of immigration laws; and
Whereas, “the Family Educational Rights and Privacy Act (FERPA) is a Federal law that protects the privacy of student education records in all schools that receive funds under any applicable program of the U.S. Department of Education (DOE)” (Citation 2). However, in Gonzaga University v. Doe, the Supreme Court ruled that individual students or their parents do not have the right to bring legal actions against a covered educational institution for FERPA violations and that only the DOE has the authority to (Citation 3); and
Whereas, the introduction of H.R. 899 seeks to terminate the DOE by December 31, 2018 (Citation 4), and selective enforcement of FERPA by the DOE or an elimination of the DOE would result in privacy violations by educational institutions going unregulated; be it
Resolved, that the Student Senate for California Community Colleges (SSCCC) encourage associated student organizations (ASOs) to support the creation of safe haven schools to ensure that all students have an opportunity to receive an education in the CCC system; and be it further
Resolved, that the SSCCC encourage ASOs to advocate for the non-cooperation of their community college with any efforts to create a registry of students based on any protected status without a judicial warrant, subpoena, or court order unless authorized by the student or required by California state law.
Citation 1: Linthicum, K. (2014, September 4). Nearly 1 in 10 California workers is in country illegally, study finds. The Los Angeles Times. Retrieved from http://www.latimes.com
Citation 2: Family Policy Compliance Office (2015). Family Educational Rights and Privacy Act (FERPA). U.S.Department of Education. Retrieved from https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html
Citation 3: JUSTIA. (2002). Gonzaga Univ. v. Doe. US Supreme Court. Retrieved from https://supreme.justia.com/cases/federal/us/536/273/case.html
Citation 4: Kentucky’s 4th District. (2017). Rep. Massie Introduces Bill to Abolish Federal Department of Education from
https://massie.house.gov/newsroom/press-releases/rep-massie-introduces-bill-to-abolish-federal-department-of-education.