Delaware schools would need approval to share records with immigration agents

Schools and Delaware's Education Department would need the Attorney General's approval before sharing student records with immigration agents. This covers Delaware school districts, charter schools, vocational schools, and other schools or programs mainly funded by state or local money. Student records include information that identifies a student or guardian. A judge's warrant would allow sharing without that approval. Their written approval request would need to name the agency and describe the purpose, records, affected people, and privacy protections. They would have to give the Attorney General at least 72 hours' notice of an approval request.

Companies holding students' digital data would need the Attorney General's approval before sharing student records with immigration agents. This covers operators of companies that hold students' digital data. A judge's warrant would allow sharing without that approval. Their written approval request would need to name the agency and describe the purpose, records, affected people, and privacy protections. They would have to give the Attorney General at least 72 hours' notice of an approval request.

Affected students or guardians could seek a court order and payment for actual losses, including reasonable lawyer fees. This remedy covers affected students and guardians under the school and Education Department rule. Their own information must have been shared in violation of the school or Education Department rule.