Policy 5145.13 - Response to Immigration Enforcement
Series: 5000 - Students
Policy: 5145.13 - Response to Immigration Enforcement
Adopted: 04/02/2024
Last Revised: N/A
Last Reviewed: 04/02/2024
Download Policy 5145.13 - Response to Immigration Enforcement PDF (English)
Response to immigration enforcement
The Board of Education is committed to the success of all students and believes that every school site should be a safe and welcoming place for all students and their families irrespective of their citizenship or immigration status.
District staff shall not solicit or collect information or documents regarding the citizenship or immigration status of students or their family members or provide assistance with immigration enforcement at district schools, except as may be required by state and federal law.
No student shall be denied equal rights and opportunities nor be subjected to unlawful discrimination, harassment, intimidation, or bullying in the district's programs and activities on the basis of their immigration status.
The Superintendent or designee shall notify parents/guardians regarding their children's right to a free public education regardless of immigration status or religious beliefs and their rights related to immigration enforcement.
Consistent with requirements of the California Office of the Attorney General, the Superintendent or designee shall develop procedures for addressing any requests by a law enforcement officer for access to district records, school sites, or students for the purpose of immigration enforcement.
Teachers, school administrators, and other school staff shall receive training regarding immigration issues, including information on responding to a request from an immigration officer to visit a school site or to have access to a student.
The Superintendent or designee shall report to the Board in a timely manner any requests for information or access to a school site by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws. Such notification shall be provided in a manner that ensures the confidentiality and privacy of any potentially identifying information.
Legal References
Policy Reference Disclaimer:
These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the Board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy.
STATE
EDUCATION CODE
200 Equal rights and opportunities in state educational institutions
220 Prohibition of discrimination
234.1 Student protections relating to discrimination, harassment, intimidation, and bullying
234.7 Student protections relating to immigration and citizenship status
48204.4 Evidence of residency for school enrollment
48980 Parent/Guardian notifications
48985 Notices to parents in language other than English
GOVERNMENT CODE
8310.3 California Religious Freedom Act
PENAL CODE
422.55 Definition of hate crime
627-627.10 Access to school premises
FEDERAL
UNITED STATES CODE
20 USC 1232g Family Educational Rights and Privacy Act (FERPA) of 1974
MANAGEMENT RESOURCES
CA OFFICE OF THE ATTORNEY GENERAL PUBLICATION
Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California's K-12 Schools in Responding to Immigration Issues, April 2018
COURT DECISION
Plyler v. Doe, 457 U.S. 202 (1982)
CSBA PUBLICATION
Legal Guidance on Providing All Children Equal Access to Education, Regardless of Immigration Status, February 2017
WEBSITE
CSBA District and County Office of Education Legal Services https://legalservices.csba.org/
U.S. Immigration and Customs Enforcement, Online Detainee Locator System http://locator.ice.gov/odls
California Attorney General's Office http://oag.ca.gov/
California Office of the Attorney General http://oag.ca.gov/
CSBA http://www.csba.org/
U.S. Department of Education, Office for Civil Rights http://www2.ed.gov/ocr
U.S. Immigration and Customs Enforcement http://www.ice.gov/
California Department of Education http://www.cde.ca.gov/
California Civil Rights Department https://calcivilrights.ca.gov/