They Already Know: School Refusal After ICE Raids and the Legal Duty to Respond

The recent ICE raids in Ventura County, where we are located, has prompted us to engage with other local community leaders to address the needs of the families that have been impacted. In particular, we are providing technical assistance and guidance to other activists about how public education resources can be leveraged to support the children left traumatized by the ICE raids, many of whom are too afraid to go to school, now.

In 2019, the Ventura County SELPA provided professional development on how to distinguish between disability-related school refusal and truancy. They warned districts that emotional distress, including trauma, can keep children from school, and that school refusal should not be treated as willful defiance.

That training still applies today. In fact, it applies even more urgently in the wake of recent immigration raids that have left many children too afraid to return to school. And under state and federal law, school districts and charter schools are already obligated to act.

I want to share with you a PowerPoint presentation that was shared with me many years ago by a colleague at the time who worked at the Ventura County Special Education Local Plan Area (SELPA). I've converted it to a video with my verbal input as to the contents as they relate to the ICE raids, which I'm not going to transcribe here. If you're reading this post, you'll have to watch the video. If you're listening to the podcast, it's not going to make much sense without the slides. I'm including a PDF of the presentation for download here, as well, if you'd rather consume its contents that way.

The above video explains the logic behind the strategy I'm sharing with you here. I've already shared the relevant documents with local activists who are dealing directly with the affected families.

For families and guardians of children who have been traumatized by the ICE raids in California such that their access to education is now compromised, regardless of whether or not they are already in special education or on 504 plans, it is critical that they be evaluated for mental and emotional health needs that might require services and supports. This could include mental health services across home, school, and community settings, as well as in-home instruction on a temporary or ongoing basis according to their individual needs, as identified by comprehensive assessment in all areas of suspected disability and unique student need.

There are four PDF documents listed here for download:

• Parent Instructions in English & Spanish
• Parent letter template in English
• Parent letter template in Spanish
• Additional handout to share with local education agencies

Parents or guardians and their advocates and activists are encouraged to use these tools to create written correspondence that triggers assessments by local school districts and charter schools of individual children who are showing signs of trauma from the ICE raids that negatively impacts their access to education and/or their ability to benefit from instruction. Assessments are based on suspected disability and trauma is a disability.

The goal with this post/podcast is not to create a long-winded article for reading or listening. This isn't entertainment; it's useful information to help people protect the children in their lives who have been harmed by these ICE raids. Please use this information responsibly to protect vulnerable children in need.

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