5145.13 BP - Response to Immigration Enforcement

Students 
Board Policy No. 5145.13 
Policy adopted:  September 6, 2018

RESPONSE TO IMMIGRATION ENFORCEMENT 

The Governing Board 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.  (Education Code 234.7)

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 his/her immigration status.  (Education Code 200, 220, 234.1)

(cf. 0410 - Nondiscrimination in District Programs and Activities)

(cf. 5131.2 - Bullying)

(cf. 5145.3 - Nondiscrimination/Harassment)

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.  (Education Code 234.7)

(cf. 5145.6 - Parental Notifications)

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.

(cf. 5125 - Student Records)

(cf. 5125.1 - Release of Directory Information)

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.  (Education Code 234.7) 

Legal Reference:
EDUCATION CODE
200  Educational equity
220  Prohibition of discrimination
234.1  Safe Place to Learn Act
234.7  Student protections relating to immigration and citizenship status
48204.4  Evidence of residency for school enrollment
48980  Parental 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
627.1-627.6   Access to school premises, outsiders
UNITED STATES CODE, TITLE 20
1232g  Family Educational Rights and Privacy Act
COURT DECISIONS
Plyler v. Doe, 457 U.S. 202 (1982)

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