Model Policy and Guidance for Public Schools and Postsecondary Educational Institutions: Limiting Authority to Consent for Entry or Records Review
Issued September 28, 2026
The Office of the Attorney General publishes this model policy and guidance for all public schools, public preschool programs, publicly supported secondary schools, and state postsecondary educational institutions. The intent of the policy is to ensure that such programs and institutions remain safe and accessible to all state residents regardless of immigration status by limiting, to the fullest extent possible, consistent with state and federal law, voluntary consent for entry into nonpublic areas of the facility by law enforcement officers for immigration enforcement purposes, and disclosure of protected records held by the facility to law enforcement officers for immigration enforcement purposes.
I. Definitions
A. “Education record” has the same meaning as in the federal Family Educational Rights and Privacy Act of 1974 (FERPA), 20 United States Code, Section 1232g(a)(4), and its implementing regulations.
B. “Law enforcement officer” means a person who by virtue of public employment is vested by law with a duty to maintain public order, to prosecute offenders, to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes, or to perform probation functions, or who is an adult probation supervisor.
“Law enforcement officer” includes the following federal officers who are authorized to carry firearms in the performance of their duties as federal law enforcement employees or officers[1]:
Special Agents: A federal officer who is a special agent of the United States Secret Service of the Department of Homeland Security; and
Immigration, Customs, or Border Security: A federal officer of an agency within the Department of Homeland Security that has administrative and enforcement jurisdiction over immigration, customs, or border security matters. This may include, for example, a federal officer within the United States Customs and Border Protection, United States Immigration and Customs Enforcement, or United States Citizenship and Immigration Services.
C. “Nonpublic area” means an area of a building or facility that the public is not free to enter or access and includes a restricted access area within a building or facility that is otherwise predominately open to the public. “Nonpublic area” also includes all areas within a building or facility during any time that the building or facility is closed for operation.
D. “Public school” means a “public preschool program” as defined in Title 20-A, section 1, subsection 23-A; a “publicly supported secondary school” as defined in section 1, subsection 23-B; and a “public school” as defined in section 1, subsection 24.
E. “State postsecondary educational institution” means a university within the University of Maine System; a college within the Maine Community College System; and the Maine Maritime Academy.
II. Policies
A. Entry Into Nonpublic Areas
A person acting on behalf of a public school or state postsecondary educational institution may not voluntarily permit a law enforcement officer to enter a nonpublic area of the school or institution for immigration enforcement purposes.
The public school or state postsecondary educational institution should ensure that all staff persons who may interact with law enforcement officers are informed of this policy, and ensure those staff persons have the name, title, and contact information of an administrator who has been designated to advise them in implementing this policy.
If a law enforcement officer presents at a public school or state postsecondary educational institution and seeks to gain entry to nonpublic areas, the staff person should ask the law enforcement officer to identify their purpose for accessing nonpublic areas. If the law enforcement officer indicates an immigration enforcement purpose,[2] then the staff person should ask the law enforcement officer to produce a court-issued warrant or any other documents the officer contends authorize access. The staff person should inform the officer of the need to consult with a designated administrator to review the warrant or other legal documents prior to allowing access to any nonpublic areas of the public school or state postsecondary educational institution. The designated administrator should review the documents presented and consult with legal counsel, as necessary, before giving direction to the staff as to how to respond.
If the law enforcement officer insists on accessing nonpublic areas without a court-ordered warrant or other valid order authorizing access under federal or state law, or before the designated administrator has reviewed the documents presented and provided direction to staff, the officer should be informed that the public school or state postsecondary institution objects to the officer’s entry into the nonpublic areas. The staff should immediately inform the designated administrator but should not attempt to physically interfere with the officer or obstruct the officer’s entry into the nonpublic areas.
B. Access to Education Records
A person acting on behalf of a public school or state postsecondary educational institution may not voluntarily permit a law enforcement officer to access education records for immigration enforcement purposes.
The public school or state postsecondary educational institution should ensure that all staff persons who have access to education records are informed of this policy, and that those persons have the name, title, and contact information of an administrator who has been designated to advise them in implementing this policy.
If a law enforcement officer seeks access to education records, the staff person should ask the law enforcement officer to identify their purpose for accessing education records. If the law enforcement officer indicates an immigration enforcement purpose, then the staff person should ask the law enforcement officer to produce a court-issued warrant or any other documents the officer contends authorize access under federal or state law. The staff person should inform the officer of the need to consult with a designated administrator to review the warrant or other legal documents prior to allowing access to any nonpublic areas of the public school or state postsecondary educational institution. The designated administrator should review the documents presented and consult with legal counsel, as necessary, before giving direction to the staff as to how to respond.[3]
C. Mandatory Compliance Activities
If required by federal law to permit the inspection of educational records or to conduct interviews regarding the eligibility of noncitizens to work in the United States or to attend school in the United States:
The public school or state postsecondary educational institution shall designate a nonpublic area (see definition above) within the public school or state postsecondary educational institution where law enforcement officers may conduct these inspections and interviews; and
The public school or state postsecondary educational institution may permit law enforcement officers to access a specific location to verify eligibility for employment or school attendance if applicable federal law requires that law enforcement officers be provided access to that specific location within the public school or state postsecondary educational institution when conducting these inspections and interviews.
III. Mandatory Adoption by State Institutions
Each public school and state postsecondary educational institution in the state must adopt this Model Policy and Guidance for Public Schools and Postsecondary Educational Institutions: Limiting Authority to Consent for Entry or Records Review, or establish equivalent policies and guidance, within three (3) months of the above issuance date.
If the Attorney General issues any amendments to this model policy and guidance, each state institution shall adopt those amendments within three (3) months of issuance.
IV. Optional Adoption by Other Facilities
A private preschool, private elementary school, private secondary school or private postsecondary educational institution may, but is not required to, adopt this Model Policy and Guidance for Public Schools and Postsecondary Educational Institutions: Limiting Authority to Consent for Entry or Records Review and any subsequent amendments.
If an organization described in this section opts to adopt the model policy and guidance or any subsequent amendments, the organization should ensure any adopted policy and guidance is appropriately adapted for application to the organization.
V. Legal Authority
5 M.R.S.A. § 200-O (effective July 29, 2026)
20-A M.R.S.A. § 14 (effective July 29, 2026)
Footnotes
[1] The definition of “law enforcement officer” also includes federal officers assigned to or acting in concert with certain task forces. See 25 M.R.S. §1502-A(1)(E). Those are not referenced here because they are not likely to be relevant to immigration enforcement.
[2] Nothing in this policy should be construed as limiting or restricting access to nonpublic areas of a public school or state postsecondary educational institution by a law enforcement officer who presents for a lawful reason that is not for immigration enforcement purposes.
[3] Note that FERPA provides that a student’s educational records cannot be disclosed absent the parent’s or adult student’s consent, unless an exception or exemption applies. One of the exceptions is a “lawfully issued” subpoena, which requires a legal review and determination, along with notice to the affected party. For this reason, all subpoenas received by a public school or state postsecondary educational institution from a law enforcement officer should be reviewed by their legal counsel promptly to ensure they are timely addressed, and so that a determination may be made as to the appropriate response, including whether to file an objection with the court.