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.
This bill would prohibit school districts, county offices of education, or charter schools and their personnel from granting permission to an immigration authority to access a schoolsite, producing a pupil for questioning by an immigration authority at a schoolsite, or consenting to a search of any kind at a schoolsite by an immigration authority, unless the immigration authority presents a valid judicial warrant or court order. The bill would require a local educational agency and its personnel, when presented with a valid judicial warrant or court order to carry out the above-described actions, to (1) request valid identification and a written statement of purpose from the immigration authority and retain copies of those documents and (2) , as early as possible, notify the designated local educational agency administrator of the request and advise the immigration authority that the local educational agency administrator is required to provide direction before access to the schoolsite or pupil may be granted. The bill would require a local educational agency and its personnel, if an immigration authority does not present a valid judicial warrant or court order, to (1) , as early as possible, notify the designated local educational agency administrator of the request, (2) deny the immigration authority access to the schoolsite, and (3) make a reasonable effort to have the denial witnessed and documented. The bill would also prohibit a local educational agency and its personnel from disclosing or providing, in writing, verbally, or in any other manner, the education records of or any information about a pupil, pupil's family and household, school employee, or teacher to an immigration authority without a valid judicial warrant or court order directing the local educational agency or its personnel to do so. The bill would also require the Attorney General to publish model policies to assist K–12 schools in responding to immigration issues pursuant to the above-described requirements. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
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.
This bill would declare that it is to take effect immediately as an urgency statute.
Statutes affected: SB 48: 7284.6 GOV
12/16/24 - Introduced: 7284.6 GOV
03/24/25 - Amended Senate: 7284.6 GOV