Students
Administrative Regulation No. 5145.13
Regulation approved: September 6, 2018
Updated: June 27, 2025
RESPONSE TO IMMIGRATION ENFORCEMENT
Responding to Requests for Immigration-Related Information or Documents
Upon receiving any verbal or written request for information or documents related to a student's or family's immigration or citizenship status, district staff shall:
1. Record or otherwise document the request and notify the Superintendent or designee about the request
2. Provide student’s parent/guardian, or if the student is at least 18 years old, the student with notice, a description of the request, and any documentation provided to the district describing the request, unless prohibited by a court order, judicial subpeona/warrant, or in cases involving investigation of child abuse, neglect or dependency.
Information or documents related to a student’s immigration or citizenship status shall not be disclosed to a law enforcement officer without the consent of the parent/guardian, or if the student is at least 18 years old, byt the student, a court order, or a judicial subpoena/warrant. To obtain written consent, the release of student information shall include the following information:
1.
The signature and signature date of the parent/guardian, or student is the student is at least 18 years old
2.
A description of the records to be disclosed
3.
The reason for the release of information
4.
The parties or class of parties receiving the information
5.
A copy of the records to be released, if requested by the parent/guardian or student
In accordance with law and Board Policy 5125 - Student Records, the Superintendent or designee shall annually notify parents /guardians that the district will not release student information to third parties for immigration enforcement purposes, unless the parent/guardian consents or as required to do so by a court order or judicial subpoena/warrant.
Responding to Requests for Access to Students or School Grounds
District staff shall receive parent/guardian consent, or if the student is at least 18 years old, the student’s consent, before a student is interviewed or searched by any officer for immigration purposes, unless the officer presents a court order or a judicial warrant.
A student's parent/guardian shall be immediately notified when a law enforcement officer requests or is able to interview, search, detain or otherwise interact with the student for immigration enforcement purposes, unless prohibited by a court order or a judicial warrant, or in cases involving investigations of child abuse, neglect, or dependency (Education Code 48906).
A law enforcement officer who requests to enter district property which is not open to all visitors shall register in accordance with Board Policy 1250 - Visitors/Outsiders, except in cases where the officer states that exigent circumstances exist or as stated in a court order or judicial warrant. (Penal Code 627.2, 627.3)
As early as possible, district staff shall notify the Superintendent or designee of any immigration enforcement-related request by a law enforcement officer for access to a student or to district property, including service of lawful warrants, subpoenas, petitions, complaints or other similar documents.
Responding to Law Enforcement Officers on District Property
District staff shall report the presence of any law enforcement officer on District property for immigration enforcement purposes to on-site district police and other appropriate administrators.
Unless a law enforcement office declares that exigent circumstances exist and demands immediate access to campus, district staff shall take the following actions when such an officer is actually or imminently present on district propertyfor immigration enforcement purposes:
1.
Advise the officer that before school personnel can respond to the officer's request, they must first receive notification and direction from the Superintendent, principal or designee, except under exigent circumstances that necessitate immediate action
2.
Request to see and record or otherwise document the officer's credentials, including his/her name and badge number, and the phone number of the officer's supervisor, and note or make a copy of all such information
3.
Ask the officer for, and then record or otherwise document, his/her reason for being on district property
4.
Request that the officer produce any documentation that authorizes his/her school access, aka a copy of all such documentation, and retain at least one copy for district records
6.
Contact and consult with the district’s legal counsel or Superintendent or designee
7.
Follow the direction from the district’s legal counsel or Superintendent or designee:
If the officer declares that exigent circumstances exist and demands immediate access to the campus, district staff shall comply with the officer’s orders and immediately contact the Superintendent or designee and then the district’s legal counsel.
Regardless of whether the officer declares that exigent circumstances exist, district staff shall not attempt to physically impede the officer, even if the officer appears to be acting outside the law or in excess of the officer’s stated or documented authorization. If an officer enters the premises without consent, district staff shall document the officer’s actions while on campus but only to the extent that it does not impede the officer’s actions.
After the officer leaves district property, district staff shall promptly make written notes of all interactions with the officer, including:
a. A list or copy of the officer's credentials and contact information, if known
b. The identity of all other district staff known to have communicated with the officer
c. A description of the officer’s request and activities
d. The type of documentation, such as a warrant or subpoena, that authorized the officer’s request and actions, what was requested by the documentation, and whether the documentation was signed by a judge
e. District staff's response to the officer's request
f. Any further action taken by the officer
g. Copies of any documents presented by the officer
District staff shall promptly provide a copy of these notes and associated documents district staff has collected from the officer to the district's legal counsel or other district official designated by the Superintendent.
The district's legal counsel or the Superintendent or designee l shall submit a timely report to the Governing Board regarding the officer's requests and actions and the district's response. (Education Code 234.7)
The Superintendent or designee shall also email the Bureau of Children's Justice in the California Department of Justice (
[email protected]) regarding any attempt by a law enforcement officer to access a school site or a student for immigration enforcement purposes.
Responding to the Detention or Deportation of Student’s Parent/Guardian
The Superintendent or designee shall encourage parents/guardians to update their emergency contact information as needed at any time. The Superintendent or designee shall notify students' parents/guardians that the district will only use information provided on the emergency cards in response to specific emergency situations and not for any other purpose.
The Superintendent or designee shall also encourage all students and families to learn their emergency phone numbers and be aware of the location of important documentation, including birth certificates, passports, social security cards, physicians' contact information, medication lists, lists of allergies, and other such information that would allow the students and families to be prepared in the event that a student’s parent/guardian is detained or deported.
In the event that a student's parent/guardian is detained or deported, the Superintendent or designee shall release the student to the person(s) designated in the student's emergency contact information or to any individual who presents a caregiver's authorization affidavit on behalf of the student. The Superintendent or designee shall only contact child protective services if district personnel are unable to arrange for the timely care of the student by the person(s) designated in the emergency contact information maintained by the school or identified on a caregiver's authorization affidavit.
In and instance where a student’s parent/guardian was detained or deported, he Superintendent or designee shall notify the student, as well as the individuals designated in the student’s emergency contact information and the individual who presented a caregiver’s authorization affidavit on behalf of the student, that the student continues to meet the residency requirements for attendance in the district if the student and the student’s parent/guardian who was detained or deported satisfy the conditions in Education Code 48204.4.
The Superintendent or designee may refer a student or the student’s family members to other resources for assistance, including, but not limited to, an U.S. Immigrant and Customs Enforcement detainee locator, legal assistance, or the consulate or embassy of the parent/guardian's country of origin.