Amended IN Assembly April 21, 2025 Amended IN Assembly April 02, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 49Introduced by Assembly Members Muratsuchi and Ortega(Principal coauthors: Assembly Members Carrillo and Fong)(Principal coauthor: Senator Gonzalez)(Coauthors: Assembly Members Addis, Arambula, Bonta, Bryan, Elhawary, Lee, Lowenthal, Quirk-Silva, Celeste Rodriguez, Solache, and Wilson)December 02, 2024An act to amend Section 234.7 of the Education Code, relating to education. education, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 49, as amended, Muratsuchi. Schoolsites: immigration enforcement.(1) Existing law prohibits, except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a school district, county office of education, or charter school from collecting information or documents regarding citizenship or immigration status of pupils or their family members. Existing law requires the superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, to report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.This bill would prohibit school officials and employees of a local educational agency from allowing an officer or employee of an agency conducting immigration enforcement to enter a schoolsite for any purpose without providing valid identification and a valid, signed valid judicial warrant, and receiving approval from the superintendent of the school district, the superintendent of the county office of education, or the principal of the charter school, or their designee, as applicable. a court order, or exigent circumstances necessitating immediate action. The bill would require the local educational agency, if the officer or employee meets those requirements, to limit access to facilities where pupils are not present. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.(3) This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: MAJORITY2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the California Safe Haven Schools Act. SEC. 2. (a) The Legislature finds and declares all of the following:(1) California is home to 10,600,000 immigrants, with 49 percent of these immigrants coming from Latin America and 41 percent of them born in Asia.(2) While over one-half of the states immigrants are naturalized as United States citizens, about 1,800,000 of these immigrants are undocumented.(3) In the 2017 federal fiscal year, during the first Trump administration, there was a 174-percent increase in deportations of immigrants with no criminal record.(4) Research shows that the effects of immigration enforcement seriously hurts pupils engagement and performance at school. Pupils coming from families with likely unauthorized immigrants have as much as a 25.2-percent increase in the probability of dropping out of school as enforcement increases. There is also a direct correlation between increased deportations within a school district and increased chronic absenteeism and achievements in math among pupils.(5) When immigration enforcement agencies partner with law enforcement agencies to enforce immigration law, Hispanic pupil enrollment in our public schools is reduced by 7.3 percent. Additionally, these partnerships displace over 300,000 Hispanic pupils as enforcement causes these families to move away or prevents families from moving into these communities.(6) The United States Supreme Court held in Plyler v. Doe (457 U.S. 202) that denying pupils who are undocumented immigrants a free public education, which is offered to other children who are citizens or documented immigrants, violates the equal protection clause of the Fourteenth Amendment to the United States Constitution.(b) Therefore, it is the intent of the Legislature to do all of the following:(1) Safeguard pupils right to free public education regardless of their, and their families, immigration status.(2) Reaffirm Californias position to provide a safe, secure, and peaceful environment for all pupils to learn.(3) Declare that local educational agencies shall limit their assistance with immigration enforcement agencies where children and pupils are present to the fullest extent possible, consistent with federal and state law.(4) Ensure that immigration enforcement is restricted to areas where children are not present.SEC. 3. Section 234.7 of the Education Code is amended to read:234.7. (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency shall not do either of the following:(1) Collect information or documents regarding citizenship or immigration status of pupils or their family members.(2) Allow an officer or employee of an agency conducting immigration enforcement to enter a schoolsite for any purpose without providing valid identification and a valid, signed valid judicial warrant, and receiving approval from the superintendent of the school district or their designee, the superintendent of the county office of education or their designee, or the principal of the charter school or their designee, as applicable. a court order, or exigent circumstances necessitating immediate action.(b) (1) If an officer or employee of an agency conducting immigration enforcement meets the requirements set forth in paragraph (2) of subdivision (a), the local educational agency shall limit access to facilities where pupils are not present.(2) The superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, shall report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.(c) If an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care. A school is encouraged to work with parents or guardians to update the emergency contact information and not to contact Child Protective Services to arrange for the pupils care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian.(d) The governing board or body of a local educational agency shall do both of the following:(1) Provide information to parents and guardians, as appropriate, regarding their childrens right to a free public education, regardless of immigration status or religious beliefs. This information shall include information relating to know your rights immigration enforcement established by the Attorney General and may be provided in the annual notification to parents and guardians pursuant to Section 48980 or any other cost-effective means determined by the local educational agency.(2) Educate pupils about the negative impact of bullying other pupils based on their actual or perceived immigration status or their religious beliefs and customs.(e) This section does not prohibit the governing board or body of a local educational agency from establishing stronger standards and protections.(f) (1) The Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, shall 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. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies:(A) Procedures related to requests for access to school grounds for purposes related to immigration enforcement.(B) Procedures for local educational agency employees to notify the superintendent of the school district or their designee, the superintendent of the county office of education or their designee, or the principal of the charter school or their designee, as applicable, if an individual requests or gains access to school grounds for purposes related to immigration enforcement.(C) Procedures for responding to requests for personal information about pupils or their family members for purposes of immigration enforcement.(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action.(g) All local educational agencies shall adopt the model policies developed pursuant to subdivision (f), or equivalent policies, by July 1, 2018.(h) For purposes of this section, local educational agency means a school district, county office of education, or charter school.SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 5. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:According to the Migration Policy Institute, 133,000 children between 3 and 17 years of age who are undocumented are enrolled in California public schools, and 750,000 students in kindergarten and grades 1 to 12, inclusive, have at least one parent who is undocumented. In order to ensure, as soon as possible, that these students and their families do not face fear, uncertainty, and potential disruptions to their education, and that schools remain safe havens where all children, regardless of immigration status, can learn and thrive without fear of enforcement actions, it is necessary that this act take effect immediately.
Amended IN Assembly April 21, 2025 Amended IN Assembly April 02, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 49Introduced by Assembly Members Muratsuchi and Ortega(Principal coauthors: Assembly Members Carrillo and Fong)(Principal coauthor: Senator Gonzalez)(Coauthors: Assembly Members Addis, Arambula, Bonta, Bryan, Elhawary, Lee, Lowenthal, Quirk-Silva, Celeste Rodriguez, Solache, and Wilson)December 02, 2024An act to amend Section 234.7 of the Education Code, relating to education. education, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 49, as amended, Muratsuchi. Schoolsites: immigration enforcement.(1) Existing law prohibits, except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a school district, county office of education, or charter school from collecting information or documents regarding citizenship or immigration status of pupils or their family members. Existing law requires the superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, to report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.This bill would prohibit school officials and employees of a local educational agency from allowing an officer or employee of an agency conducting immigration enforcement to enter a schoolsite for any purpose without providing valid identification and a valid, signed valid judicial warrant, and receiving approval from the superintendent of the school district, the superintendent of the county office of education, or the principal of the charter school, or their designee, as applicable. a court order, or exigent circumstances necessitating immediate action. The bill would require the local educational agency, if the officer or employee meets those requirements, to limit access to facilities where pupils are not present. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.(3) This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: MAJORITY2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Assembly April 21, 2025 Amended IN Assembly April 02, 2025
Amended IN Assembly April 21, 2025
Amended IN Assembly April 02, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 49
Introduced by Assembly Members Muratsuchi and Ortega(Principal coauthors: Assembly Members Carrillo and Fong)(Principal coauthor: Senator Gonzalez)(Coauthors: Assembly Members Addis, Arambula, Bonta, Bryan, Elhawary, Lee, Lowenthal, Quirk-Silva, Celeste Rodriguez, Solache, and Wilson)December 02, 2024
Introduced by Assembly Members Muratsuchi and Ortega(Principal coauthors: Assembly Members Carrillo and Fong)(Principal coauthor: Senator Gonzalez)(Coauthors: Assembly Members Addis, Arambula, Bonta, Bryan, Elhawary, Lee, Lowenthal, Quirk-Silva, Celeste Rodriguez, Solache, and Wilson)
December 02, 2024
An act to amend Section 234.7 of the Education Code, relating to education. education, and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 49, as amended, Muratsuchi. Schoolsites: immigration enforcement.
(1) Existing law prohibits, except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a school district, county office of education, or charter school from collecting information or documents regarding citizenship or immigration status of pupils or their family members. Existing law requires the superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, to report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.This bill would prohibit school officials and employees of a local educational agency from allowing an officer or employee of an agency conducting immigration enforcement to enter a schoolsite for any purpose without providing valid identification and a valid, signed valid judicial warrant, and receiving approval from the superintendent of the school district, the superintendent of the county office of education, or the principal of the charter school, or their designee, as applicable. a court order, or exigent circumstances necessitating immediate action. The bill would require the local educational agency, if the officer or employee meets those requirements, to limit access to facilities where pupils are not present. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.(3) This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law prohibits, except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a school district, county office of education, or charter school from collecting information or documents regarding citizenship or immigration status of pupils or their family members. Existing law requires the superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, to report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.
This bill would prohibit school officials and employees of a local educational agency from allowing an officer or employee of an agency conducting immigration enforcement to enter a schoolsite for any purpose without providing valid identification and a valid, signed valid judicial warrant, and receiving approval from the superintendent of the school district, the superintendent of the county office of education, or the principal of the charter school, or their designee, as applicable. a court order, or exigent circumstances necessitating immediate action. The bill would require the local educational agency, if the officer or employee meets those requirements, to limit access to facilities where pupils are not present. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(3) This bill would declare that it is to take effect immediately as an urgency statute.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the California Safe Haven Schools Act. SEC. 2. (a) The Legislature finds and declares all of the following:(1) California is home to 10,600,000 immigrants, with 49 percent of these immigrants coming from Latin America and 41 percent of them born in Asia.(2) While over one-half of the states immigrants are naturalized as United States citizens, about 1,800,000 of these immigrants are undocumented.(3) In the 2017 federal fiscal year, during the first Trump administration, there was a 174-percent increase in deportations of immigrants with no criminal record.(4) Research shows that the effects of immigration enforcement seriously hurts pupils engagement and performance at school. Pupils coming from families with likely unauthorized immigrants have as much as a 25.2-percent increase in the probability of dropping out of school as enforcement increases. There is also a direct correlation between increased deportations within a school district and increased chronic absenteeism and achievements in math among pupils.(5) When immigration enforcement agencies partner with law enforcement agencies to enforce immigration law, Hispanic pupil enrollment in our public schools is reduced by 7.3 percent. Additionally, these partnerships displace over 300,000 Hispanic pupils as enforcement causes these families to move away or prevents families from moving into these communities.(6) The United States Supreme Court held in Plyler v. Doe (457 U.S. 202) that denying pupils who are undocumented immigrants a free public education, which is offered to other children who are citizens or documented immigrants, violates the equal protection clause of the Fourteenth Amendment to the United States Constitution.(b) Therefore, it is the intent of the Legislature to do all of the following:(1) Safeguard pupils right to free public education regardless of their, and their families, immigration status.(2) Reaffirm Californias position to provide a safe, secure, and peaceful environment for all pupils to learn.(3) Declare that local educational agencies shall limit their assistance with immigration enforcement agencies where children and pupils are present to the fullest extent possible, consistent with federal and state law.(4) Ensure that immigration enforcement is restricted to areas where children are not present.SEC. 3. Section 234.7 of the Education Code is amended to read:234.7. (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency shall not do either of the following:(1) Collect information or documents regarding citizenship or immigration status of pupils or their family members.(2) Allow an officer or employee of an agency conducting immigration enforcement to enter a schoolsite for any purpose without providing valid identification and a valid, signed valid judicial warrant, and receiving approval from the superintendent of the school district or their designee, the superintendent of the county office of education or their designee, or the principal of the charter school or their designee, as applicable. a court order, or exigent circumstances necessitating immediate action.(b) (1) If an officer or employee of an agency conducting immigration enforcement meets the requirements set forth in paragraph (2) of subdivision (a), the local educational agency shall limit access to facilities where pupils are not present.(2) The superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, shall report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.(c) If an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care. A school is encouraged to work with parents or guardians to update the emergency contact information and not to contact Child Protective Services to arrange for the pupils care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian.(d) The governing board or body of a local educational agency shall do both of the following:(1) Provide information to parents and guardians, as appropriate, regarding their childrens right to a free public education, regardless of immigration status or religious beliefs. This information shall include information relating to know your rights immigration enforcement established by the Attorney General and may be provided in the annual notification to parents and guardians pursuant to Section 48980 or any other cost-effective means determined by the local educational agency.(2) Educate pupils about the negative impact of bullying other pupils based on their actual or perceived immigration status or their religious beliefs and customs.(e) This section does not prohibit the governing board or body of a local educational agency from establishing stronger standards and protections.(f) (1) The Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, shall 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. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies:(A) Procedures related to requests for access to school grounds for purposes related to immigration enforcement.(B) Procedures for local educational agency employees to notify the superintendent of the school district or their designee, the superintendent of the county office of education or their designee, or the principal of the charter school or their designee, as applicable, if an individual requests or gains access to school grounds for purposes related to immigration enforcement.(C) Procedures for responding to requests for personal information about pupils or their family members for purposes of immigration enforcement.(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action.(g) All local educational agencies shall adopt the model policies developed pursuant to subdivision (f), or equivalent policies, by July 1, 2018.(h) For purposes of this section, local educational agency means a school district, county office of education, or charter school.SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 5. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:According to the Migration Policy Institute, 133,000 children between 3 and 17 years of age who are undocumented are enrolled in California public schools, and 750,000 students in kindergarten and grades 1 to 12, inclusive, have at least one parent who is undocumented. In order to ensure, as soon as possible, that these students and their families do not face fear, uncertainty, and potential disruptions to their education, and that schools remain safe havens where all children, regardless of immigration status, can learn and thrive without fear of enforcement actions, it is necessary that this act take effect immediately.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. This act shall be known, and may be cited, as the California Safe Haven Schools Act.
SECTION 1. This act shall be known, and may be cited, as the California Safe Haven Schools Act.
### SECTION 1.
SEC. 2. (a) The Legislature finds and declares all of the following:(1) California is home to 10,600,000 immigrants, with 49 percent of these immigrants coming from Latin America and 41 percent of them born in Asia.(2) While over one-half of the states immigrants are naturalized as United States citizens, about 1,800,000 of these immigrants are undocumented.(3) In the 2017 federal fiscal year, during the first Trump administration, there was a 174-percent increase in deportations of immigrants with no criminal record.(4) Research shows that the effects of immigration enforcement seriously hurts pupils engagement and performance at school. Pupils coming from families with likely unauthorized immigrants have as much as a 25.2-percent increase in the probability of dropping out of school as enforcement increases. There is also a direct correlation between increased deportations within a school district and increased chronic absenteeism and achievements in math among pupils.(5) When immigration enforcement agencies partner with law enforcement agencies to enforce immigration law, Hispanic pupil enrollment in our public schools is reduced by 7.3 percent. Additionally, these partnerships displace over 300,000 Hispanic pupils as enforcement causes these families to move away or prevents families from moving into these communities.(6) The United States Supreme Court held in Plyler v. Doe (457 U.S. 202) that denying pupils who are undocumented immigrants a free public education, which is offered to other children who are citizens or documented immigrants, violates the equal protection clause of the Fourteenth Amendment to the United States Constitution.(b) Therefore, it is the intent of the Legislature to do all of the following:(1) Safeguard pupils right to free public education regardless of their, and their families, immigration status.(2) Reaffirm Californias position to provide a safe, secure, and peaceful environment for all pupils to learn.(3) Declare that local educational agencies shall limit their assistance with immigration enforcement agencies where children and pupils are present to the fullest extent possible, consistent with federal and state law.(4) Ensure that immigration enforcement is restricted to areas where children are not present.
SEC. 2. (a) The Legislature finds and declares all of the following:(1) California is home to 10,600,000 immigrants, with 49 percent of these immigrants coming from Latin America and 41 percent of them born in Asia.(2) While over one-half of the states immigrants are naturalized as United States citizens, about 1,800,000 of these immigrants are undocumented.(3) In the 2017 federal fiscal year, during the first Trump administration, there was a 174-percent increase in deportations of immigrants with no criminal record.(4) Research shows that the effects of immigration enforcement seriously hurts pupils engagement and performance at school. Pupils coming from families with likely unauthorized immigrants have as much as a 25.2-percent increase in the probability of dropping out of school as enforcement increases. There is also a direct correlation between increased deportations within a school district and increased chronic absenteeism and achievements in math among pupils.(5) When immigration enforcement agencies partner with law enforcement agencies to enforce immigration law, Hispanic pupil enrollment in our public schools is reduced by 7.3 percent. Additionally, these partnerships displace over 300,000 Hispanic pupils as enforcement causes these families to move away or prevents families from moving into these communities.(6) The United States Supreme Court held in Plyler v. Doe (457 U.S. 202) that denying pupils who are undocumented immigrants a free public education, which is offered to other children who are citizens or documented immigrants, violates the equal protection clause of the Fourteenth Amendment to the United States Constitution.(b) Therefore, it is the intent of the Legislature to do all of the following:(1) Safeguard pupils right to free public education regardless of their, and their families, immigration status.(2) Reaffirm Californias position to provide a safe, secure, and peaceful environment for all pupils to learn.(3) Declare that local educational agencies shall limit their assistance with immigration enforcement agencies where children and pupils are present to the fullest extent possible, consistent with federal and state law.(4) Ensure that immigration enforcement is restricted to areas where children are not present.
SEC. 2. (a) The Legislature finds and declares all of the following:
### SEC. 2.
(1) California is home to 10,600,000 immigrants, with 49 percent of these immigrants coming from Latin America and 41 percent of them born in Asia.
(2) While over one-half of the states immigrants are naturalized as United States citizens, about 1,800,000 of these immigrants are undocumented.
(3) In the 2017 federal fiscal year, during the first Trump administration, there was a 174-percent increase in deportations of immigrants with no criminal record.
(4) Research shows that the effects of immigration enforcement seriously hurts pupils engagement and performance at school. Pupils coming from families with likely unauthorized immigrants have as much as a 25.2-percent increase in the probability of dropping out of school as enforcement increases. There is also a direct correlation between increased deportations within a school district and increased chronic absenteeism and achievements in math among pupils.
(5) When immigration enforcement agencies partner with law enforcement agencies to enforce immigration law, Hispanic pupil enrollment in our public schools is reduced by 7.3 percent. Additionally, these partnerships displace over 300,000 Hispanic pupils as enforcement causes these families to move away or prevents families from moving into these communities.
(6) The United States Supreme Court held in Plyler v. Doe (457 U.S. 202) that denying pupils who are undocumented immigrants a free public education, which is offered to other children who are citizens or documented immigrants, violates the equal protection clause of the Fourteenth Amendment to the United States Constitution.
(b) Therefore, it is the intent of the Legislature to do all of the following:
(1) Safeguard pupils right to free public education regardless of their, and their families, immigration status.
(2) Reaffirm Californias position to provide a safe, secure, and peaceful environment for all pupils to learn.
(3) Declare that local educational agencies shall limit their assistance with immigration enforcement agencies where children and pupils are present to the fullest extent possible, consistent with federal and state law.
(4) Ensure that immigration enforcement is restricted to areas where children are not present.
SEC. 3. Section 234.7 of the Education Code is amended to read:234.7. (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency shall not do either of the following:(1) Collect information or documents regarding citizenship or immigration status of pupils or their family members.(2) Allow an officer or employee of an agency conducting immigration enforcement to enter a schoolsite for any purpose without providing valid identification and a valid, signed valid judicial warrant, and receiving approval from the superintendent of the school district or their designee, the superintendent of the county office of education or their designee, or the principal of the charter school or their designee, as applicable. a court order, or exigent circumstances necessitating immediate action.(b) (1) If an officer or employee of an agency conducting immigration enforcement meets the requirements set forth in paragraph (2) of subdivision (a), the local educational agency shall limit access to facilities where pupils are not present.(2) The superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, shall report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.(c) If an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care. A school is encouraged to work with parents or guardians to update the emergency contact information and not to contact Child Protective Services to arrange for the pupils care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian.(d) The governing board or body of a local educational agency shall do both of the following:(1) Provide information to parents and guardians, as appropriate, regarding their childrens right to a free public education, regardless of immigration status or religious beliefs. This information shall include information relating to know your rights immigration enforcement established by the Attorney General and may be provided in the annual notification to parents and guardians pursuant to Section 48980 or any other cost-effective means determined by the local educational agency.(2) Educate pupils about the negative impact of bullying other pupils based on their actual or perceived immigration status or their religious beliefs and customs.(e) This section does not prohibit the governing board or body of a local educational agency from establishing stronger standards and protections.(f) (1) The Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, shall 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. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies:(A) Procedures related to requests for access to school grounds for purposes related to immigration enforcement.(B) Procedures for local educational agency employees to notify the superintendent of the school district or their designee, the superintendent of the county office of education or their designee, or the principal of the charter school or their designee, as applicable, if an individual requests or gains access to school grounds for purposes related to immigration enforcement.(C) Procedures for responding to requests for personal information about pupils or their family members for purposes of immigration enforcement.(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action.(g) All local educational agencies shall adopt the model policies developed pursuant to subdivision (f), or equivalent policies, by July 1, 2018.(h) For purposes of this section, local educational agency means a school district, county office of education, or charter school.
SEC. 3. Section 234.7 of the Education Code is amended to read:
### SEC. 3.
234.7. (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency shall not do either of the following:(1) Collect information or documents regarding citizenship or immigration status of pupils or their family members.(2) Allow an officer or employee of an agency conducting immigration enforcement to enter a schoolsite for any purpose without providing valid identification and a valid, signed valid judicial warrant, and receiving approval from the superintendent of the school district or their designee, the superintendent of the county office of education or their designee, or the principal of the charter school or their designee, as applicable. a court order, or exigent circumstances necessitating immediate action.(b) (1) If an officer or employee of an agency conducting immigration enforcement meets the requirements set forth in paragraph (2) of subdivision (a), the local educational agency shall limit access to facilities where pupils are not present.(2) The superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, shall report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.(c) If an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care. A school is encouraged to work with parents or guardians to update the emergency contact information and not to contact Child Protective Services to arrange for the pupils care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian.(d) The governing board or body of a local educational agency shall do both of the following:(1) Provide information to parents and guardians, as appropriate, regarding their childrens right to a free public education, regardless of immigration status or religious beliefs. This information shall include information relating to know your rights immigration enforcement established by the Attorney General and may be provided in the annual notification to parents and guardians pursuant to Section 48980 or any other cost-effective means determined by the local educational agency.(2) Educate pupils about the negative impact of bullying other pupils based on their actual or perceived immigration status or their religious beliefs and customs.(e) This section does not prohibit the governing board or body of a local educational agency from establishing stronger standards and protections.(f) (1) The Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, shall 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. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies:(A) Procedures related to requests for access to school grounds for purposes related to immigration enforcement.(B) Procedures for local educational agency employees to notify the superintendent of the school district or their designee, the superintendent of the county office of education or their designee, or the principal of the charter school or their designee, as applicable, if an individual requests or gains access to school grounds for purposes related to immigration enforcement.(C) Procedures for responding to requests for personal information about pupils or their family members for purposes of immigration enforcement.(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action.(g) All local educational agencies shall adopt the model policies developed pursuant to subdivision (f), or equivalent policies, by July 1, 2018.(h) For purposes of this section, local educational agency means a school district, county office of education, or charter school.
234.7. (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency shall not do either of the following:(1) Collect information or documents regarding citizenship or immigration status of pupils or their family members.(2) Allow an officer or employee of an agency conducting immigration enforcement to enter a schoolsite for any purpose without providing valid identification and a valid, signed valid judicial warrant, and receiving approval from the superintendent of the school district or their designee, the superintendent of the county office of education or their designee, or the principal of the charter school or their designee, as applicable. a court order, or exigent circumstances necessitating immediate action.(b) (1) If an officer or employee of an agency conducting immigration enforcement meets the requirements set forth in paragraph (2) of subdivision (a), the local educational agency shall limit access to facilities where pupils are not present.(2) The superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, shall report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.(c) If an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care. A school is encouraged to work with parents or guardians to update the emergency contact information and not to contact Child Protective Services to arrange for the pupils care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian.(d) The governing board or body of a local educational agency shall do both of the following:(1) Provide information to parents and guardians, as appropriate, regarding their childrens right to a free public education, regardless of immigration status or religious beliefs. This information shall include information relating to know your rights immigration enforcement established by the Attorney General and may be provided in the annual notification to parents and guardians pursuant to Section 48980 or any other cost-effective means determined by the local educational agency.(2) Educate pupils about the negative impact of bullying other pupils based on their actual or perceived immigration status or their religious beliefs and customs.(e) This section does not prohibit the governing board or body of a local educational agency from establishing stronger standards and protections.(f) (1) The Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, shall 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. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies:(A) Procedures related to requests for access to school grounds for purposes related to immigration enforcement.(B) Procedures for local educational agency employees to notify the superintendent of the school district or their designee, the superintendent of the county office of education or their designee, or the principal of the charter school or their designee, as applicable, if an individual requests or gains access to school grounds for purposes related to immigration enforcement.(C) Procedures for responding to requests for personal information about pupils or their family members for purposes of immigration enforcement.(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action.(g) All local educational agencies shall adopt the model policies developed pursuant to subdivision (f), or equivalent policies, by July 1, 2018.(h) For purposes of this section, local educational agency means a school district, county office of education, or charter school.
234.7. (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency shall not do either of the following:(1) Collect information or documents regarding citizenship or immigration status of pupils or their family members.(2) Allow an officer or employee of an agency conducting immigration enforcement to enter a schoolsite for any purpose without providing valid identification and a valid, signed valid judicial warrant, and receiving approval from the superintendent of the school district or their designee, the superintendent of the county office of education or their designee, or the principal of the charter school or their designee, as applicable. a court order, or exigent circumstances necessitating immediate action.(b) (1) If an officer or employee of an agency conducting immigration enforcement meets the requirements set forth in paragraph (2) of subdivision (a), the local educational agency shall limit access to facilities where pupils are not present.(2) The superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, shall report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.(c) If an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care. A school is encouraged to work with parents or guardians to update the emergency contact information and not to contact Child Protective Services to arrange for the pupils care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian.(d) The governing board or body of a local educational agency shall do both of the following:(1) Provide information to parents and guardians, as appropriate, regarding their childrens right to a free public education, regardless of immigration status or religious beliefs. This information shall include information relating to know your rights immigration enforcement established by the Attorney General and may be provided in the annual notification to parents and guardians pursuant to Section 48980 or any other cost-effective means determined by the local educational agency.(2) Educate pupils about the negative impact of bullying other pupils based on their actual or perceived immigration status or their religious beliefs and customs.(e) This section does not prohibit the governing board or body of a local educational agency from establishing stronger standards and protections.(f) (1) The Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, shall 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. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies:(A) Procedures related to requests for access to school grounds for purposes related to immigration enforcement.(B) Procedures for local educational agency employees to notify the superintendent of the school district or their designee, the superintendent of the county office of education or their designee, or the principal of the charter school or their designee, as applicable, if an individual requests or gains access to school grounds for purposes related to immigration enforcement.(C) Procedures for responding to requests for personal information about pupils or their family members for purposes of immigration enforcement.(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action.(g) All local educational agencies shall adopt the model policies developed pursuant to subdivision (f), or equivalent policies, by July 1, 2018.(h) For purposes of this section, local educational agency means a school district, county office of education, or charter school.
234.7. (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency shall not do either of the following:
###### 234.7.
(1) Collect information or documents regarding citizenship or immigration status of pupils or their family members.
(2) Allow an officer or employee of an agency conducting immigration enforcement to enter a schoolsite for any purpose without providing valid identification and a valid, signed valid judicial warrant, and receiving approval from the superintendent of the school district or their designee, the superintendent of the county office of education or their designee, or the principal of the charter school or their designee, as applicable. a court order, or exigent circumstances necessitating immediate action.
(b) (1) If an officer or employee of an agency conducting immigration enforcement meets the requirements set forth in paragraph (2) of subdivision (a), the local educational agency shall limit access to facilities where pupils are not present.
(2) The superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, shall report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.
(c) If an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care. A school is encouraged to work with parents or guardians to update the emergency contact information and not to contact Child Protective Services to arrange for the pupils care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian.
(d) The governing board or body of a local educational agency shall do both of the following:
(1) Provide information to parents and guardians, as appropriate, regarding their childrens right to a free public education, regardless of immigration status or religious beliefs. This information shall include information relating to know your rights immigration enforcement established by the Attorney General and may be provided in the annual notification to parents and guardians pursuant to Section 48980 or any other cost-effective means determined by the local educational agency.
(2) Educate pupils about the negative impact of bullying other pupils based on their actual or perceived immigration status or their religious beliefs and customs.
(e) This section does not prohibit the governing board or body of a local educational agency from establishing stronger standards and protections.
(f) (1) The Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, shall 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. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies:
(A) Procedures related to requests for access to school grounds for purposes related to immigration enforcement.
(B) Procedures for local educational agency employees to notify the superintendent of the school district or their designee, the superintendent of the county office of education or their designee, or the principal of the charter school or their designee, as applicable, if an individual requests or gains access to school grounds for purposes related to immigration enforcement.
(C) Procedures for responding to requests for personal information about pupils or their family members for purposes of immigration enforcement.
(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action.
(g) All local educational agencies shall adopt the model policies developed pursuant to subdivision (f), or equivalent policies, by July 1, 2018.
(h) For purposes of this section, local educational agency means a school district, county office of education, or charter school.
SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### SEC. 4.
SEC. 5. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:According to the Migration Policy Institute, 133,000 children between 3 and 17 years of age who are undocumented are enrolled in California public schools, and 750,000 students in kindergarten and grades 1 to 12, inclusive, have at least one parent who is undocumented. In order to ensure, as soon as possible, that these students and their families do not face fear, uncertainty, and potential disruptions to their education, and that schools remain safe havens where all children, regardless of immigration status, can learn and thrive without fear of enforcement actions, it is necessary that this act take effect immediately.
SEC. 5. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:According to the Migration Policy Institute, 133,000 children between 3 and 17 years of age who are undocumented are enrolled in California public schools, and 750,000 students in kindergarten and grades 1 to 12, inclusive, have at least one parent who is undocumented. In order to ensure, as soon as possible, that these students and their families do not face fear, uncertainty, and potential disruptions to their education, and that schools remain safe havens where all children, regardless of immigration status, can learn and thrive without fear of enforcement actions, it is necessary that this act take effect immediately.
SEC. 5. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
### SEC. 5.
According to the Migration Policy Institute, 133,000 children between 3 and 17 years of age who are undocumented are enrolled in California public schools, and 750,000 students in kindergarten and grades 1 to 12, inclusive, have at least one parent who is undocumented. In order to ensure, as soon as possible, that these students and their families do not face fear, uncertainty, and potential disruptions to their education, and that schools remain safe havens where all children, regardless of immigration status, can learn and thrive without fear of enforcement actions, it is necessary that this act take effect immediately.