BOARD POLICIES AND STUDENT RIGHTS
Federal and state laws guarantee every child the right to a public education free from discrimination, regardless of immigration status. To uphold these protections, schools must safeguard student privacy, limit the collection of personal information, and strictly control how data is shared with outside agencies.
Prohibition on Collection & Inquiries
Schools are prohibited from collecting or inquiring about a student’s or family’s citizenship or immigration status. California law explicitly bars school districts from using this information to establish residency for enrollment. Such inquiries are not required by federal or state law and may violate the Equal Protection Clause under Plyler v. Doe (1982), which guarantees all children free public education regardless of immigration status.
Legal Protections Against Discrimination
Federal and state laws prohibit discrimination based on race, color, national origin, or immigration status in any educational program receiving state aid. California Education Code § 234.1 also prohibits harassment, intimidation, and bullying based on immigration status.
Permitted Information Collection
Schools may collect limited national origin–related data (e.g., place of birth, U.S. entry date) for reporting to state or federal agencies, but this information cannot be used to impede enrollment or discriminate against students.
Confidentiality Requirements
Under the Family Educational Rights and Privacy Act (FERPA), schools cannot disclose student records—including immigration or citizenship status—without written consent, except in response to a valid court order or subpoena. California law and Attorney General model policies further require schools to protect this information, prohibiting disclosure to immigration officials without a judicial warrant.
Policy Development & Staff Training
Local educational agencies must implement policies to safeguard student confidentiality, train staff on compliance, and ensure enrollment forms and practices do not deter immigrant families from enrolling.
Sanctuary State & Privacy Laws
California’s Values Act (SB 54) limits cooperation with federal immigration enforcement by:
Prohibiting inquiries into immigration status
Barring disclosure of noncriminal personal information without a warrant
Requiring transparency in any cooperative efforts
Additional laws, including the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), regulate the collection and sharing of sensitive personal data, which may include immigration-related information.
Enrollment Rights & Enforcement
Schools must provide immediate enrollment regardless of immigration status. Families may file complaints under Uniform Complaint Procedures with protections against retaliation. Federal law does not require state or local educational agencies to enforce federal immigration programs.
Recent Federal Change
On January 20, 2025, the Trump administration revoked the “sensitive locations” memorandum, which had previously restricted Immigration and Customs Enforcement (ICE) from operating in schools, hospitals, and places of worship. ICE may now conduct enforcement in these locations without those prior limitations.
School board Policies
Board Policies affirm an unwavering commitment to protecting the rights of all students, regardless of immigration status. Rooted in federal and state law, this policy ensures that every child has equitable access to public education and related services without fear of discrimination or exclusion.