46-8. Sanctuary Employer
On September 5, 2017, the Department of Homeland Security announced the end to the Deferred Action for Childhood Arrivals (“DACA”) policy.
The DACA policy protected eligible immigrant youth from deportation and provided work authorization documents to nearly 800,000 young people who came to the United States as children. The BOARD and the UNION recognize that the young people who have received DACA benefits are a valued and important part of our community. Because the termination of the DACA policy may affect the work authorization of employees of the BOARD, the BOARD and the UNION agree to the following:
The BOARD shall not inquire about or demand proof of immigration or citizenship status, except as required by law.
Effective for SY 2019–20, the Board shall, in consultation with the UNION, develop appropriate guidance and resources of up to $200,000 per school year, to assist employees in planning for and navigating immigration issues.
Upon written request, an employee shall be released for up to ten (10) unpaid working days one time during their employment in order to attend to immigration or citizenship status matters.
The days need not be taken consecutively. The Employer may request verification of such absences and/or appropriate certified documentation.
In the event that the BOARD is no longer permitted to employ an affected employee, the BOARD agrees to convert the affected employee’s termination to an unpaid leave of absence upon the employee’s return to work, provided the return to work takes place within two (2) calendar years for tenured teachers or within one (1) calendar year for all other employees.
Specifically, upon the employee providing proper work authorization within the appropriate time frame, the BOARD agrees to reinstate the affected employee to the employee’s former position, if available, without loss of prior seniority. If the former position is not available, the BOARD agrees to reinstate the employee to substantially similar employment for which the employee is qualified, including the Reassigned Teacher Pool, at a salary no less than their pay prior to their separation. While separated, the employee shall earn no credit toward step advancement.
Within thirty (30) days of the signing of this Agreement, the BOARD and the UNION shall send the following:
- A joint letter to educators and support staff with immigration or citizenship status resources, such as the immigrant and refugee children guide for educators and support staff.
- A joint letter to students and their families with immigration or citizenship status resources.