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The Flagstaff Unified School District's (FUSD) board heard an update on the district’s response to recent federal actions at its meeting Tuesday.

The meeting agenda lists five ways FUSD could be affected by recent federal policy changes: immigration, Title 9 protections, gender recognition guidance, directives on race-based policies and practices and possible changes to both the U.S. Department of Education and federal funding in the future.

In his report to the board Tuesday, Superintendent Michael Penca repeatedly said the district was trying neither to over- or underreact in its response.

“What I’ve been doing as a superintendent is to try to encourage people not to overreact to the daily headlines, but also to assure you that we’re not underreacting,� he said. “I want the governing board, our staff, our families, our members of the public to know that we are monitoring these changes and taking some proactive steps. � I also want to share that we’re going to maintain our priority for the inclusion, access and opportunity for every single student in [FUSD].�

Penca said the district has been consulting and will continue to consult with its attorneys in determining its response. It’s also working with groups such as the Arizona School Board Association, National Superintendents Association, and Arizona School Administrators to help understand the changes and develop procedures and consulting trust model policy representatives about district policies that may need to change.

Penca said FUSD’s Title 9 policy will need revisions, which will be brought to a future board meeting for approval.

The district has already communicated procedures to its staff on how to respond to inquiries from immigration officials, Penca said. Its Title 9 investigators have been advised on the process to use with the federal rollback to the 2020 framework, and Title 9 coordinators have given FUSD schools guidance around restroom access, “emphasizing availability for single-use spaces for all students.�

He said FUSD had received the sent to schools from the department of education earlier this month about diversity, equity and inclusion practices (DEI). The district has consulted its attorney about this and is currently conducting an audit of its equity and inclusion practices.

This is “so we can assess our risk but also while maintaining our commitment to providing each of our students with enriching experiences and pathways to success.�

According to Penca, FUSD has not had a pause or reduction in its federal funding and that he didn’t expect either to happen in the current school year. The district is still preparing to respond to future federal funding issues by reviewing its federal funding sources and uses (including staff positions) to prepare for different potential scenarios.

At the end of his summary, Penca again said FUSD would neither under- nor overreact, and that it was trying to be proactive. He also noted the need to wait for “the dust to settle� on legal challenges to some of these actions.

“I don’t think there’s any urgent, immediate concern that our district’s at risk of federal funding [issues], and I think we’ll continue to monitor these,� he said. “These situations can be fluid. Sometimes changes get challenged, and there are legal processes to that, so we need to allow for that to play out.�

Immigration procedures

This was the third consecutive meeting in which FUSD’s board discussed its response to federal actions.

Penca had outlined the district’s response to changes to immigration law in more detail during the Jan. 28 board meeting. Information about related district procedures was also sent to both staff and families.

This included that immigration agents must have a judicial warrant to enter school property -- which Penca will review. Parents would also be contacted before their student could be interviewed by an immigration officials and the district plans to follow the Family Education Rights and Privacy Act (FERPA), which prevents school employees from sharing information without either consent or a judicial order.

Penca also noted that the district doesn’t collect information about students� immigration status.

“We’re committed to protecting the rights of all those that we serve," he said in that meeting. “A child’s immigration status or that of their family members doesn’t affect their right to receive a public education. All students are going to be able to continue to receive free meals, transportation for those who qualify and educational services without interruption.�

Inclusion and protection resolution

At its Feb. 11 meeting, the board had approved a resolution titled “Inclusion and Protection.� According to the agenda item for the resolution, this action was intended to “reaffirm [FUSD’s] commitment to students, families and staff about our students� access to their education.�

The resolution is a two-page document that outlines 10 commitments from FUSD. They include working with various entities to create opportunities for historically marginalized students to thrive, providing college and career counseling to assist all students, equipping district employees with training and resources, following FERPA guidelines and promoting welcoming and inclusive spaces “for the free exchange of ideas, without judgment.�

The 10th commitment listed in the resolution is “continuing to shun hate, judgment, violence, discrimination and divisiveness and instead, promoting peace, acceptance, inclusivity, compassion, equity and love for all students and families.�

The full text of the resolution can be found in Item 6 of the Feb. 11 meeting agenda at .

All but one of the board members voted in favor of adopting the resolution, after a failed motion to table it.

Melissa Kirk was the sole no vote on the resolution. She and board member Carolyn Kidd had moved to table the resolution -- which Kidd had suggested in the discussion. This motion failed, with the other three board members voting against. Kidd voted in favor of the resolution in the second vote.

Kidd expressed concern that the resolution would bring attention to “our already safe community,� without reducing fear or protecting the groups it was intended to support. She asked to get input from area law agencies and the district attorney on the resolution’s possible impact before moving forward. 

Kirk said the district’s current policies are “strong� and accomplish the items set out in the resolution. She also asked why FUSD hadn’t made a resolution supporting Jewish families after last spring’s pro-Palestinian protests at Northern Arizona University and “a rise in antisemitism in our country.�

“I do see this resolution as a politically motivated document meant to cause fear and divide our community,� Kirk said. � ... I don’t want to be a board of resolutions. I want to be a board of action.�

The other three board members -- Aaron Cirzan, Kortney Zesiger and board President Erik Sather -- voted in support of the resolution. Two FUSD teachers also spoke in favor of the resolution during public comments.

“From my viewpoint, this resolution is not about politics, but ensuring that every child who walks into our schools feels safe, valued and able to learn without fear of discrimination,� Zesiger said. “[It] has been carefully reviewed by our legal counsel and it aligns with state and federal laws.�

Cirzan shared similar thoughts.

“Ensuring that all students feel valued, supported and included is not a political or partisan stance. It is a fundamental responsibility of public education,� he said. � ... By affirming our commitment to inclusion and equity, we are standing with all students and reinforcing our dedication to their success. Education should unite us, not divide us, and this resolution reflects our shared belief in a future where every student has a fair and equal chance to reach their full potential.�

FUSD posts recordings of its board meetings at .

The overview of its response to federal actions begins around an hour and 10 minutes into the Feb. 25 meeting, while its immigration response starts about three hours and 15 minutes into the Jan. 28 meeting and the inclusion and protection resolution is about 35 minutes into the Feb. 11 meeting.