All children in the United States, regardless of immigration or citizenship status, have a right to a free and appropriate public education. In response to requests for information and support from local educational agencies (LEAs), the California Department of Education (CDE) is sharing the information and resources below to preserve access to education for students from immigrant families during times of increased fear of immigration enforcement.
- Immigrant's Rights to Access Public Education
- Resources to Support in the Case of Immigration Enforcement on School Campuses
Please see below for key pieces of information regarding immigrant families in the state of California and the protection of their right to access education:
- The U.S. Supreme Court has long guaranteed that all children have a right to a free public education, regardless of immigration status. Plyler v. Doe
(PDF), 457 U.S. 202 (1982).
- Every student in California has the right to attend public school in the state free from discrimination, harassment, violence, intimidation, and bullying. (Ed. Code §§ 220, 234 et seq.)
- The threat of immigration enforcement can impair the ability of many students (undocumented and U.S. citizen students) to thrive in our schools. According to data gathered by the Urban Institute, approximately half of California’s students are members of immigrant families, in which one or more parents are immigrants. One in five children in California are members of mixed-status families, in which one or more parents are undocumented. 93 percent of those students are United States citizens.
- In 2016, the CDE encouraged declaring California’s public school “safe havens” for students and their parents, and reiterated that all students and families are welcome at California’s schools regardless of immigration status.
- California’s Assembly Bill (AB) 699 (2017)
was passed amid the rising fear of immigration enforcement. The bill instructed schools not to collect information about families’ immigration status unless required by law, and required schools to pass policies limiting assistance with immigration enforcement at public schools. School districts throughout California passed policies, procedures and resolutions intended to make families and students feel safe at school, and to communicate to staff, students, and their families that all students have a right to attend school regardless of their immigration status. Prior to and in response to AB 699, California school districts passed “safe haven” resolutions intended to make families and students feel safe at school, and to communicate to staff, students, and their families that all students have a right to attend school regardless of their immigration status. See, e.g., Natomas Unified School District Resolution
.
- Pursuant to AB 699, the California Attorney General’s Office has issued guidance and model policies
(PDF) to help schools promote a safe learning environment for all students, and to help school officials
(PDF) and families
(PDF) respond to potential immigration enforcement. Pursuant to Education Code § 234.7, all LEAs shall adopt the model policies developed by the Attorney General.
- The CDE encourages all LEAs to review and update their policies to ensure that they have adopted the Attorney General’s model policies and are providing a safe learning environment for all students. LEAs should review their student-enrollment, residency, and data-collection policies and practices to ensure that they comply with federal and state laws, and to safeguard against inadvertently discouraging undocumented students from enrolling in or attending school. Staff should receive training on these policies and procedures. LEAs should be advised that during the student enrollment process, LEAs must verify a student’s age and residency in the district. However, LEAs need not and should not ask about the citizenship or immigration status of students or their parents or guardians for the purpose of establishing in-district residency. California law further bars LEAs from collecting or soliciting Social Security numbers from students or their parents or guardians, unless otherwise required to do so by state or federal law. Further, state law directs LEA governing boards to adopt policies that limit classroom interruptions. LEAs may adopt policies that limit access to school sites and questioning of students for immigration-enforcement purposes, because such activities, and threats of such activities, interfere with classroom learning. (Ed. Code §§ 32212, 35160.)
The information below remains current and was developed prior to 2018.
Safe Havens
Safe Havens are LEAs, which include school districts, county offices of education, and direct-funded charter schools that have committed themselves to reassuring students, parents and educators that everyone is welcome on school sites, regardless of immigration status. Safe Havens also provide helpful resources, such as information about immigration laws, and ways to be prepared in case a student or family member is deported.
Public Charge
California has resources available to understand the “Public Charge” rule, including information regarding who is exempt from the rule and where to access immigration advice. These resources are available on the California Immigrant Guide's Public Charge web page
.
Under longstanding federal policy, the federal government may deny a non-US citizen entry into the United States or adjustment to lawful permanent resident status (a green card) if the non-US citizen is determined likely in the future to become a “public charge” based on the totality of the individual's circumstances. In 2019, the Trump Administration released an expanded public charge policy that changes how this determination is made. Several states, including California, filed lawsuits challenging the Trump Administration’s expanded public charge rule.
On December 23, 2022, a revised public charge rule became effective. Under the revised rule, immigrants can access health care, food and housing support, and many more public benefits without fear of immigration consequences. On the California Health and Human Resources Agency web page, please view the updated Public Charge Guide details and resources
.
CDE’s Letters Regarding the 2019 Rule
- Public Charge Rule Does Not Impact Public Education and Programs Provided by Schools
- Public Charge Final Rule Letter
Information regarding school nutrition programs eligibility and the community eligibility provision is available on the CDE's School Nutrition Programs Eligibility web page.
California is developing a clearinghouse of resources about the changes to the public charge rule, including information regarding who is exempt from the rule and where to access immigration advice. These resources are available on the California Immigrant Guide's Public Charge web page
.
AB 699 Implementation
AB 699 (2017) requires all California public schools to provide protections for students, regardless of immigration status, and extend specific support to immigrant students and their families. AB 699
requires that schools adopt supportive practices in response to heightened immigration enforcement, including updated staff training, curriculum development, and the following:
- Implement measures to prevent students from being discriminated against or bullied based on their immigration status.
- Ensure schools are teaching students about the harm of bullying students based on immigration status.
- Refrain from the unnecessary collection of immigration status information from students or families.
- Report police enforcement of immigration laws to school boards.
- Ensure schools are following a family’s designated emergency plan.
Frequently Asked Questions
What is the purpose behind being a Safe Haven district?
Fears, anxiety, and uncertainty have been widely reported in California schools because of the current federal administration vowing to increase deportations of undocumented immigrants.
California has an estimated 300,000 students who are undocumented as well as about one million students who live with a parent or guardian who are undocumented. Superintendent Torlakson encouraged districts to pass these resolutions to lessen fears and uncertainty surrounding immigration activities and directives issued by a new federal administration in Washington, D.C.
Districts and county offices are encouraged to make powerful and reassuring statements to their students and families and to provide accurate information about relevant laws.
It is important that parents and guardians feel safe on their school campuses so they will fully participate in their school communities. Engaged parents play a key role in helping students succeed on their way to 21st century careers and college.
What are the laws protecting schools and students with regard to student records and immigration status?
There are several legal protections in place, including:
- The 1984 Supreme Court decision Plyler v. Doe requires schools to enroll all eligible children regardless of their citizenship or immigration status.
- State and federal laws prohibit educational agencies from disclosing personally identifiable student information to law enforcement without the consent of a parent or guardian, a court order or lawful subpoena, or in the case of a health emergency.
- Districts must verify a student’s age and residency but have flexibility in what documents or supporting papers they use. They do not have to use documents pertaining to immigration status.
- To determine age, for example, LEAs can rely on a statement from a local registrar, baptismal records, or an affidavit from a parent guardian or custodian.
- To determine residency, an LEA can rely on property tax receipts, pay stubs, or correspondence from a government agency.
What other advice or support can the CDE provide schools and districts?
Since LEAs have wide discretion in what records they use, the State Superintendent strongly recommends that they do not collect or maintain documents related to immigration status.
Letters
Public Schools Remain Safe Havens for California’s Students (PDF; 21-Dec-2016).
Resources
American Federation of Teachers: Protecting Our Students