Consistent with requirements of the California Office of the Attorney General, the Superintendent or designee shall develop procedures for addressing any requests by a law enforcement officer for access to District records, school sites, or students for the purpose of immigration enforcement. District personnel must receive consent from the student’s parent or guardian before a student can be interviewed or searched by any officer seeking to enforce the civil immigration laws at the school, unless the officer presents a valid, effective warrant signed by a judge, or presents a valid, effective court order.

District personnel shall immediately notify the student’s parents or guardians if a law-enforcement officer requests or gains access to a student for immigration-enforcement purposes unless such access was in compliance with a judicial warrant or subpoena that restricts the disclosure of the information to the parent or guardian.

Undocumented students between the ages of 6-18 not only have a right to attend school in California, but are mandated to attend school pursuant to the compulsory attendance laws. (Educ. Code, § 48200.) The U.S. Supreme Court has held that no state may deny access to a basic public education to any child residing within the state, whether residing in the U.S. legally or not. (Plyler v. Doe, 457 U.S. 202 (1982).) Further, all students have a right to be in a public school learning environment free from discrimination, harassment, bullying, violence, and intimidation. (Educ. Code, §§ 220, 234 et seq.)

 

All parents, without respect to their legal status, have a right to participate in their child’s education and are encouraged to do so. Proof of legal residency is not a prerequisite to the enrollment of their child in school.