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- This is the form you can print out and distribute to staff in order to capture all necessary staff info for Fall 2 CALPADS.
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
Purpose of This Guide
Assembly Bill (AB) No. 699 (O’Donnell and Chiu; 2017-2018 Regular Session) mandates that the Attorney General, by April 1, 2018, publish model policies “. . . limiting assistance with immigration enforcement at public schools, to the fullest extent possible consistent with federal
and state law, and ensuring that public schools remain safe and accessible to all California residents regardless of immigration status.”10 AB 699 further requires that by July 1, 2018, all local educational agencies in California, including all school districts, county of ces of education, and charter schools, adopt these or equivalent policies.11
California Attorney General Xavier Becerra provides this guide to California’s public schools to ful ll this mandate and to equip local educational agencies with the information and resources necessary to provide safe, welcoming environments for all students and to safeguard the rights
and privacy of students and their families.
To that end, this guide discusses procedures
for responding to actions and requests forinformation by any law-enforcement of cer for purposes of enforcing immigration laws. Theguide also addresses policies for responding tohate crimes and bullying that targets immigrants.
Speci cally, the guide (1) outlines relevantstate and federal protections for students andfamilies, (2) provides policy recommendations that comply with state and federal laws and that may mitigate disruptions from immigration-
enforcement actions at public schools, and (3) lists model policies that must be adopted (or have equivalent policies adopted) by local educational agencies by July 1, 2018. A quick reference guide on responding to on-campus immigration enforcement and requests for student and family information is also included in Appendix A. The guide is also accompanied by a “Know Your Educational Rights” page (included in Appendix G), a guide for students and families (translations of which are available in Spanish, Chinese, Vietnamese, Arabic, Korean, and Tagalog), and a list of legal resources in the event a student’s family member is detained or deported.
This guide offers local educational agencies governing law and model policies for handling and responding to the following circumstances:
Gathering and Handling Student and Family Information.
Sharing Student and Family Information.
Responding to Requests for Access to School Grounds for Immigration-Enforcement Purposes.
Responding to the Detention or Deportation of a Student’s Family Member.
Responding to Hate Crimes and Bullying Related to National Origin or Ethnicity.
This guide is intended to help school of cials form practical plans to protect the rights of immigrant students and their families. California law-enforcement agencies are prohibited under state law from performing the functions of an immigration of cer. But local educational agencies should be aware that although U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP) are the agencies with primary responsibility for federal immigration enforcement, there are instances in which other law-enforcement agencies may attempt to enforce federal immigration laws. This guide treats similarly ICE or CBP and other local law-enforcement of cers attempting to enforce immigration laws. Likewise, any policy adopted by local educational agencies to address interactions between the local educational agency personnel and immigration agents should encompass all law-enforcement agencies that seek to enforce immigration law and handle requests from all law-enforcement agencies acting with that purpose the same way.
This guide is intended to provide model policies for all local educational agencies. Under AB 699, all local educational agencies shall adopt these model policies—or equivalent policies—by July 1, 2018.12 Because traditional K-12 schools are the predominant programs operated by local educational agencies, this guidance focuses on that context. The model policies described here can be adapted and applied to other programs (e.g., regional occupational programs, continuation schools, adult education programs, and K-12 education programs offered at community colleges or other nontraditional sites). To the extent that any speci c education program presents circumstances that are not addressed in these materials, school of cials should consult with their management and attorneys in adapting the model policies described here.
Some local educational agencies have already adopted policies to comply with AB 699. To
the extent that local educational agencies have developed policies that are aligned with or provide greater protections for students and families, this guide is not intended to supersede those policies. Rather, this guide offers foundational policies re ecting the requirements that at minimum should be present in the policies of any California local educational agency. Local educational agencies that have already adopted policies should use this guide as a resource to ensure alignment and to distribute the quick reference document to school of cials, and know your rights, student/family checklist, and resource pages to students and families, where appropriate.
However, local educational agency policies must substantially re ect the model policies here except where contrasting laws or circumstances require adjustments. This guide is based on current (2018) law, which may change; the guide is not legal advice. Local educational agency management should consult with its attorneys when formulating its own policies and practices—and in addressing any questions—regarding the issues covered in this guide.