In response to potential changes to federal immigration policies, California leaders have reiterated their commitment to ensuring that all students, including those from immigrant families, have access to a safe and supportive education. This commitment has been outlined through legal protections and practical resources aimed at assisting schools and families.
The Governor’s Office recently announced plans to establish a resource hub that will provide updates and guidance on immigration-related issues. In the meantime, schools and families can access a range of existing resources from both state and federal agencies.
Legal protections for students
As background, the state estimates that approximately one million California children — or about 1 in 10 — live with at least one undocumented parent, underscoring the potential impact of immigration policies on schools and communities.
California law guarantees that all students, regardless of immigration status, are entitled to a free public education. This protection is codified in Assembly Bill 699 (2017), which established strict guidelines for schools and districts on issues such as:
- Restricting schools from permitting immigration enforcement access without a judicial warrant or court order.
- Restricting requests for Social Security numbers or immigration status unless legally required.
- Protecting the confidentiality of student information, ensuring it can only be disclosed under specific legal circumstances, such as a judicial subpoena or court order.
Resources for schools and families
In 2018, the California Attorney General provided guidance pursuant to two bills, the aforementioned Assembly Bill 699 and Senate Bill 54. While the Attorney General’s Office said it is now reviewing that guidance with plans to provide updates, the following existing state resources may be useful to school and district leaders.
- Guidance and Model Policies to Assist California’s K-12 Schools in Responding to Immigration Issues (2018)
- Quick Reference for School Officials (2018)
- Immigration-Enforcement Actions at California Schools: Guide for Students and Families (2018)
- Information and resources to support newcomer students and their families
- Refugee Programs Bureau (RPB) services
Federal guidance on enrollment
The U.S. Department of Justice has similarly issued guidance with the U.S. Department of Education affirming children’s right to an education.
- Fact Sheet: Information on the Rights of All Children to Enroll in School
- Information on the Rights of All Children to Enroll in School: Questions and Answers for States, School Districts and Parents (2014)
- Letter from the U.S. Departments of Justice and Education: School Enrollment Procedures (2014)
Association of California School Administrators
Finally, the Association of California School Administrators has produced several practical resources, including an AB 699 fact sheet (PDF) from 2017 created in collaboration with Fagen Friedman and Fulfrost LLP to support school leaders in implementing these policies.
