5145.13 – Students – Welfare- Education Equity: Immigration and Citizenship Status

Policy – x
Regulation –
Exhibit –

Adopted – 8/23/2018
Revised –

The Governing Board recognizes the District’s responsibilities outlined by Assembly Bill 699 and authorizes the Superintendent or designee to develop administrative regulations and procedures to provide for District compliance of those requirements. Certain provisions of this policy may also be addressed in other District policies and regulations and all the provisions shall be interpreted together as working in coordination with one another.
(cf. BP 0100 – Mission, Philosophy, and Goals)

Collecting and Retaining Student Information
The Superintendent or designated administrator shall maintain in writing District policies and procedures for gathering and handling sensitive student information, and appropriate personnel shall receive training regarding those policies and procedures.
If the District possesses information that could indicate immigration status, citizenship status, or national origin information, the District shall not use the acquired information to discriminate against any students or families or bar children from enrolling in or attending school.
If parents or guardians choose not to provide information that could indicate their or their children’s immigration status, citizenship status, or national origin information, the District shall not use such actions as a basis to discriminate against any students or families or bar children from enrolling or attending school.
The District shall not allow school resources or data to be used to create a registry based on race, gender, sexual orientation, religion, ethnicity, or national origin.
(cf. BP 0410 – Nondiscrimination in District Programs and Activities)
(cf. BP 5020 – Parent Rights and Responsibilities)
(cf. BP 5111 – Admission)
(cf. BP 5111.1 – District Residency)
(cf. BP 5125 – Student Records)
(cf. BP 5125.1 – Release of Directory Information)
(cf. BP 5145.3 – Nondiscrimination/harassment)
(cf. BP 5145.6 – Parental Notifications)

Inquiries Regarding Immigration Status, Citizenship Status, and National Origin Information
District personnel shall not inquire specifically about a student’s citizenship or immigration status or the citizenship or immigration status of a student’s parents or guardians; nor shall personnel seek or require, to the exclusion of other permissible documentation or information, documentation or information that may indicate a student’s immigration status, such as a green card, voter registration, a passport, or citizenship papers.
Where any law contemplates submission of national origin related information to satisfy the requirements of a special program, District personnel shall solicit that documentation or information separately from the school enrollment process.
Where permitted by law, the Superintendent or designee of the District shall enumerate alternative means to establish residency, age, or other eligibility criteria for enrollment or programs, and those alternative means shall include among them documentation or information that are available to persons regardless of immigration status, citizenship status, or national origin, and that do not reveal information related to citizenship or immigration status.
Where residency, age, and other eligibility criteria for purposes of enrollment or any program may be established by alternative documents or information permitted by law or this policy, the District’s procedures and forms shall describe to the applicant, and accommodate, all alternatives specified in law and all alternatives authorized under this policy.
(cf. BP 0410 – Nondiscrimination in District Programs and Activities)
(cf. BP 5020 – Parent Rights and Responsibilities)
(cf. BP 5111 – Admission)
(cf. BP 5111.1 – District Residency)
(cf. BP 5145.3 – Nondiscrimination/harassment)
(cf. BP 5145.6 – Parental Notifications)

Inquiries About Social Security Numbers or Cards
The District shall not solicit or collect entire Social Security numbers or cards.
The District shall solicit and collect the last four digits of an adult household member’s Social Security number only if required to establish eligibility for federal benefit programs.
When collecting the last four digits of an adult household member’s Social Security number to establish eligibility for a federal benefit program, the District shall explain the limited purpose for which this information is collected, and clarify that a failure to provide this information will not bar the student from enrolling in or attending the school.
The District shall treat all students equitably in the receipt of all school services, including, but, not limited to, the gathering of student and family information for the free and reduced lunch program, transportation and educational instruction.
(cf. BP 0410 – Nondiscrimination in District Programs and Activities)
(cf. BP 3553 – Free and Reduced-Price Meals)
(cf. BP 5020 – Parent Rights and Responsibilities)
(cf. BP 5030 – Heathy Educational Environment)
(cf. BP 5111 – Admission)
(cf. BP 5111.1 – District Residency)
(cf. BP 5145.3 – Nondiscrimination/harassment)
(cf. BP 5145.6 – Parental Notifications)
Procedures Regarding Information Sharing
The District shall avoid the disclosure of information that might indicate a student’s or family’s citizenship or immigration status if the disclosure is not authorized by Family Educational Rights and Privacy Act (FERPA).
District personnel shall take the following action steps upon receiving an information request related to a student’s or family’s immigration or citizenship status:
1. Notify a designated District official about the information request.
2. Provide students and families with appropriate notice and a description of the immigration officer’s request.
3. Document any verbal or written request for information by immigration authorities.
4. Unless prohibited, provide students and parents/guardians with any documents issued by the immigration-enforcement officer.
Except for investigations of child abuse, child neglect, or child dependency, or when the subpoena served on the District prohibits disclosure, the District shall provide parental or guardian notification of any court orders, warrants, or subpoenas before responding to such requests.
The District shall require written parental or guardian consent for release of student information, unless the information is relevant for a legitimate educational interest or includes directory information only. Neither exception permits disclosing information to immigration authorities for immigration-enforcement purposes; no student information shall be disclosed to immigration authorities for immigration enforcement purposes without a court order or judicial subpoena.
The District’s request for written or parental or guardian consent for release of student information must include the following information: (1) the signature and date of the parent, guardian, or eligible student providing consent; (2) a description of the records to be disclosed; (3) the reason for release of information; (4) the parties or class of parties receiving the information; and (5) if requested by the parents, guardians or eligible student, a copy of the records to be released. The District shall permanently keep the consent notice with the record file.
The parent, guardian, or eligible student is not required to sign the consent form. If the parent, guardian or eligible student refuses to provide written consent for the release of student information that this not otherwise subject to release, the District shall not release the information.
(cf. BP 0410 – Nondiscrimination in District Programs and Activities)
(cf. BP 5020 – Parent Rights and Responsibilities)
(cf. BP 5125 – Student Records)
(cf. BP 5125.1 – Release of Directory Information)
(cf. BP 5145.3 – Nondiscrimination/harassment)
(cf. BP 5145.6 – Parental Notifications)

Annual Information Notice to Parents and Guardians
General Information Policy
The District must provide an annual notice to parents and guardians of the school’s general information policies that includes:
1. Assurances that the District will not release information to third parties for immigration-enforcement purposes, except as required by law or court order
2. A description of the types of student records maintained by the District.
3. A list of the circumstances or conditions under which the District might release student information to outside people or entities.
4. A statement that, unless the District is providing information for a legitimate educational purpose under FERPA and the California Education Code or directory information, the District shall notify parents or guardians and eligible students—and receive their written consent—before it releases a student’s personally identifiable information.
Directory Information Policy – If the District decides to release directory information, the District shall provide an annual notice to parents and guardians, and “eligible students” in attendance, of the District’s directory information policy that includes:
1. The categories of information that the District has classified as public directory information that may be disclosed without parental consent and which should only include the information specifically identified in Education Code section 49061, subdivision (c).
2. A statement that directory information does not include citizenship status, immigration status, place of birth, or any other information indicating national origin (except where the District receives consent as required under state law).
3. The recipients of the directory information.
4. A description of the parent’s or guardian’s abilities to refuse release of the student’s directory information, and how to refuse release.
5. The deadline in which the parent, guardian or student must notify the school in writing that he or she does not want the information designated as directory information.

(cf. BP 0410 – Nondiscrimination in District Programs and Activities)
(cf. BP 1240 – Volunteer Assistance)
(cf. BP 3312 – Contracts)
(cf. BP 3600 – Consultants—Contract Process)
(cf. BP 5020 – Parent Rights and Responsibilities)
(cf. BP 5125 – Student Records)
(cf. BP 5125.1 – Release of Directory Information)
(cf. BP 5145.3 – Nondiscrimination/harassment)
(cf. BP 5145.6 – Parental Notifications)

Monitoring and Receiving Visitors onto Campus
No outsider—which would include immigration-enforcement officers—shall enter or remain on school grounds of the District during school hours without having registered with the principal or designee. If there are no exigent circumstances necessitating immediate action, and if the immigration officer does not possess a judicial warrant or court order that provides a basis for the visit, the officer must provide the following information to the principal or designee:
1. Name, address, occupation;
2. Age, if less than 21;
3. Purpose in entering school grounds;
4. Proof of identity; and
5. Any other information as required by law.
The District shall adopt measures for responding to outsiders that avoids classroom interruptions, and preserves the peaceful conduct of the school’s activities, consistent with local circumstances and practices.
The District shall post signs at the entrance of its school grounds to notify outsiders of the hours and requirements for registration.
District personnel shall report entry by immigration-enforcement officers to any on-site school police or other appropriate administrator as would be required for any unexpected or unscheduled outside visitor coming on campus.
(cf. BP 1250 –Visitors to the Schools)
(cf. BP 5137 – Positive School Climate)
(cf. BP 5145.11 – Questioning and apprehension by law enforcement)

Responding to On-Campus Immigration Enforcement
As early as possible, District personnel shall notify the Superintendent or designated administrator of any request by an immigration-enforcement officer for school or student access, or any requests for review of school documents (including for the services of lawful subpoenas, petitions, complaints, warrants, etc.).
In addition to notifying the Superintendent or designated administrator, District personnel shall take the following action steps in response to an officer present on the school campus specifically for immigration-enforcement purposes:
1. Advise the officer that before proceeding with his or her request, and absent exigent circumstances, school personnel must first receive notification and direction from the Superintendent or administrator.
2. Ask to see, and make a copy of or note, the officer’s credentials (name and badge number). Also ask for and copy or note the phone number of the officer’s supervisor.
3. Ask the officer for his/her reason for being on school grounds and document it.
4. Ask the officer to produce any documentation that authorizes school access.
5. Make a copy of all documents provided by the officer. Retain one copy of the documents for school records.
6. If the officer declares that exigent circumstances exist and demands immediate access to the campus, District personnel should comply with the officer’s orders and immediately contact the Superintendent or other administrator.
7. If the officer does not declare that exigent circumstances exist, respond according to the requirements of the officer’s documentation. If the immigration-enforcement officer has:
a. An ICE (Immigrations and Customs Enforcement) administrative warrant, District personnel shall inform the agent that he or she cannot consent to any request without first consulting with the District’s counsel or other designated agency official.
b. A federal judicial warrant (search-and-seizure warrant or arrest warrant; prompt compliance with such a warrant is usually legally required. If feasible, consult with the District’s legal counsel or designated administrator before providing the agent access to the person or materials specified in the warrant.
c. A subpoena for production of documents or other evidence, immediate compliance is not required. Therefore, District personnel shall inform the District’s legal counsel or other designated official of the subpoena, and await further instructions on how to proceed.
8. While District personnel should not consent to access by an immigration-enforcement officer, except as described above, he/she should not attempt to physically impede the officer, even if the officer appears to be exceeding the authorization given under a warrant or other document. If an officer enters the premises without consent, District personnel shall document his or her actions while on campus.
9. After the encounter with the officer, District personnel shall promptly take written notes of all interactions with the officer. The notes shall include the following items:
a. List or copy of the officer’s credentials and contact information;
b. Identity of all school personnel who communicated with the officer;
c. Details of the officer’s request;
d. Whether the officer presented a warrant or subpoena to accompany his/her request, what was requested in the warrant/subpoena, and whether the warrant/subpoena was signed by a judge;
e. District personnel’s response to the officer’s request;
f. Any further action taken by the agent; and
g. Photo or copy of any documents presented by the agent.
10. District personnel shall provide a copy of those notes, and associated documents collected from the officer, to the District’s legal counsel or other designated agency official.
11. In turn, the District’s legal counsel or other designated official shall submit a timely report to the District’s governing board regarding the officer’s requests and actions and the District’s response(s).
12. E-mail the Bureau of Children’s Justice in the California Department of Justice, at BCJ@doj.ca.gov, regarding any attempt by a law-enforcement officer to access a school site or a student for immigration-enforcement purposes.
(cf. BP 0410 – Nondiscrimination in District Programs and Activities)
(cf. BP 1250 –Visitors/Outsiders)
(cf. BP 5020 – Parent Rights and Responsibilities)
(cf. BP 5125 – Student Records)
(cf. BP 5125.1 – Release of Directory Information)
(cf. BP 5137 – Positive School Climate)
(cf. BP 5145.3 – Nondiscrimination/harassment)
(cf. BP 5145.11 – Questioning and apprehension by law enforcement)

Parental Notification of Immigration-Enforcement Actions
District personnel must receive consent from the student’s parent or guardian before a student can be interviewed or searched by any officer seeking to enforce the civil immigration laws at the school, unless the officer presents a valid, effective warrant signed by a judge, or presents a valid, effective court order.
District personnel shall immediately notify the student’s parents or guardians if a law-enforcement officer requests or gains access to a student for immigration-enforcement purposes, unless such access was in compliance with a judicial warrant or subpoena that restricts the disclosure of the information to the parent or guardian.
(cf. BP 1250 –Visitors/Outsiders)
(cf. BP 5020 – Parent Rights and Responsibilities)
(cf. BP 5125 – Student Records)
(cf. BP 5125.1 – Release of Directory Information)
(cf. BP 5137 – Positive School Climate)
(cf. BP 5145.6 – Parental Notifications)
(cf. BP 5145.11 – Questioning and apprehension by law enforcement)

Responding to the Detention or Deportation of a Student’s Family Member
The District shall encourage that families and students have and know their emergency phone numbers and know where to find important documentation, including birth certificates, passports, Social Security cards, doctors’ contact information, medication lists, lists of allergies, etc., which will allow them to be prepared in the event that a family member is detained or deported.
The District shall permit students and families to update students’ emergency contact information as needed throughout the school year, and provide alternative contacts if no parent or guardian is available.
The District shall ensure that families may include the information of an identified trusted adult guardian as a secondary emergency contact in case a student’s parent or guardian is detained.
The District shall communicate to families that information provided within the emergency cards will only be used in response to specified emergency situations, and not for any other purpose.
In the event a student’s parent/guardian has been detained or deported by federal immigration authorities, the District shall use the student’s emergency card contact information and release the student to the person(s) designated as emergency contacts. Alternatively, the District shall release the student into the custody of any individual who presents a Caregiver’s Authorization Affidavit on behalf of the student. The District shall only contact Child Protective Services if the District personnel are unsuccessful in arranging for the timely care of the child through the emergency contact information that the school has, a Caregiver’s Authorization Affidavit, or other information or instructions conveyed by the parent or guardian.
(cf. BP 1250 –Visitors/Outsiders)
(cf. BP 5137 – Positive School Climate)
(cf. BP 5020 – Parent Rights and Responsibilities)
(cf. BP 5145.6 – Parental Notifications)
Responding to Hate Crimes and Bullying
Adopting and Publicizing Anti-Bullying and Anti-Harassment Policy – The District shall adopt and publicize policies that prohibit discrimination, harassment, intimidation, and bullying on the basis of a student’s actual or perceived nationality, ethnicity, or immigration status. Those policies must be translated in the student’s primary language if at least 15 percent of the students enrolled in the school speak a single primary language other than English.
The District shall notify parents and guardians of their children’s right to a free public education, regardless of immigration status or religious beliefs. This information shall include information related to the “Know Your Rights” immigration enforcement established by the Attorney General. The District shall inform students who are victims of hate crimes of their right to report such crimes.
Processing Complaints of Harassment and Bullying – The District shall adopt a process for receiving complaints of and investigating complaints of discrimination, harassment, intimidation, and bullying based on any of the following actual or perceived characteristics: disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, association with a person or group with one or more of the aforementioned characteristics, immigration status.
The complaint process must include, but is not limited to, the following steps
1. A requirement that, if school personnel witness an act of discrimination, harassment, intimidation, or bullying, they shall take immediate steps to intervene when safe to do so;
2. A timeline to investigate and resolve complaints of discrimination, harassment, intimidation, or bullying that shall be followed by all schools under the jurisdiction of the District; and
3. An appeal process afforded to the complainant should he or she disagree with the resolution of a complaint.
4. The District shall ensure that complaint procedures contain confidentiality safeguards for immigration status information.
5. The District shall prohibit retaliation against a person who submits a complaint of discrimination, harassment, intimidation, or bullying.
(cf. BP 0100 – Mission, Philosophy, and Goals)
(cf. BP 0410 – Nondiscrimination in District Programs and Activities)
(cf. BP 1312.3 – Uniform Complaint Procedures)
(cf. BP 5131.3 – Bullying/Cyberbullying)
(cf. BP 5137 – Positive School Climate)
(cf. BP 5145.3 – Nondiscrimination/harassment)
Training Students, Teachers, and Staff on Anti-Bullying and Anti-Harassment Policy
The District shall educate students about the negative impact of bullying other students based on their actual or perceived immigration status or their religious beliefs or customs.
The District shall also train teachers, staff, and personnel to ensure that they are aware of their legal duty to take reasonable steps to eliminate a hostile environment and respond to any incidents of harassment based on the actual or perceived characteristics noted above. Such training should, at minimum, provide agency personnel with the skills to do the following:
1. Discuss the varying immigration experiences among members of the student body and school community;
2. Discuss bullying-prevention strategies with students, and teach students to recognize the behavior and characteristics of bullying perpetrators and victims;
3. Identify the signs of bullying or harassing behavior;
4. Take immediate corrective action when bullying is observed; and
5. Report incidents to the appropriate authorities, including law enforcement in instances of criminal behavior.

(cf. BP 0100 – Mission, Philosophy, and Goals)
(cf. BP 0410 – Nondiscrimination in District Programs and Activities)
(cf. BP 1312.3 – Uniform Complaint Procedures)
(cf. BP 5131.2 – Bullying)
(cf. BP 5137 – Positive School Climate)
(cf. BP 5145.3 – Nondiscrimination/harassment)

Legal Reference:
Assembly Bill 699
EDUCATION CODE
200-262.4 Prohibition of discrimination
32210 Willful disturbance of public school or meeting
32211 Threatened disruption or interference with classes
48050-48054 Nonresidents
48200-48208 Persons Included
48350-48361 Open Enrollment Act
48902 Notice to law enforcement authorities
48906 Release of minor pupil to peace officers; notice to parent, guardian
48985 Notice to parent in language other than English
49060-49079 Student records
49408 Information of use in emergencies
49602 Confidentiality of pupil information
51100-51102 Parent/guardian rights
FAMILY CODE
650 Use of Caregiver’s Authorization
PENAL CODE
626-626.10 Crimes on school grounds
627-627.7 Access to school premises
CODE OF REGULATIONS, TITLE 5
430-438 Individual student records
UNITED STATES CODE, TITLE 20
1232g Family Educational Rights and Privacy Act
1232h Protection of pupil rights
UNITED STATES CODE, TITLE 42
2001d et seq. Title VI, Civil Rights Act of 1964
CODE OF FEDERAL REGULATIONS, TITLE 34
99.31 Under what conditions is prior consent not required to disclose information?
104.4 Discrimination prohibited
COURT DECISIONS
Plyler v. Doe (1982) 457 U.S. 202
Reeves v. Rocklin Unified School District, (2003) 109 Cal.App.4th 652

Management Resources:
CALIFORNIA OFFICE OF THE ATTORNEY GENERAL PUBLICATIONS
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
WEB SITES
California Office of the Attorney General: http://oag.ca.gov
California Department of Education: http://www.cde.ca.gov
California Department of Fair Employment and Housing: http://www.dfeh.ca.gov
California Department of Justice: http://www.justice.gov
U.S. Department of Education, Office for Civil Rights: http://www.ed.gov/about/offices/list/ocr
U.S. Immigration and Customs Enforcement: http://www.ice.gov
U.S. Immigration and Customs Enforcement, Online Detainee Locator System: http://locator.ice.gov/odls

This entry was posted in Policy. Bookmark the permalink.