HB8369, titled the “Keep Immigration Enforcement Out of Schools Act” or “No ICE in Schools Act,” would amend the Family Educational Rights and Privacy Act (FERPA) provisions in the General Education Provisions Act to bar federal education funds from going to any educational agency or institution that has a policy or practice of releasing student education records or other student information for immigration enforcement purposes. The bill covers both formal education records and other student information, including personally identifiable information and directory information.
The bill creates a funding condition tied to student privacy: schools and education agencies would remain eligible for federal education funds only if they do not disclose student records for immigration enforcement, unless they have written parental consent specifying what information may be released, why, and to whom. It also requires that parents, and the student if the parents want, receive a copy of the information released. In effect, the measure strengthens protections for student data in the immigration context and limits cooperation between schools and immigration enforcement authorities.
Impact
If enacted, the bill would amend 20 U.S.C. 1232g by adding a new subsection to FERPA-related law, making federal education funding contingent on a school’s non-disclosure of student records for immigration enforcement purposes. It would affect educational agencies and institutions that receive federal education funds, and would likely require districts, schools, and colleges to review data-sharing policies, consent procedures, and staff practices to avoid losing funding. The bill would also reinforce parental control over disclosure of student information and narrow the circumstances under which student records may be shared for immigration-related purposes.
Sentiment
Based on the bill title and the absence of recorded committee debate or votes in the provided materials, the measure appears to be framed as a student privacy and immigrant-protection bill rather than a punitive enforcement measure. The introduction and referral suggest it was presented in a protective, rights-based posture, with the likely support of lawmakers concerned about keeping schools separate from immigration enforcement. No vote history or transcript is available here to show broader bipartisan support or opposition.
Contention
The main point of contention is likely whether schools should be prohibited from sharing student information with immigration authorities and whether federal education funding should be used as leverage to enforce that prohibition. Supporters would emphasize student privacy, family trust in schools, and keeping immigration enforcement out of educational settings. Opponents may argue that the bill could hinder cooperation with lawful immigration enforcement or create conflicts with existing information-sharing obligations. The bill text itself also raises operational questions about what counts as a “policy or practice” of disclosure and how schools would document compliance.