ACSA Partner Content

AB 699 Mandates Support for Immigrant Families

The Association of California School Administrators is the largest umbrella organization for school leaders in the United States, serving more than 17,000 California educators.

Issue link: https://content.acsa.org/i/1010318

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Create appropriate procedures that address what happens if/when a LEA receives an inquiry for a student's or family member's immigration/citizenship status, including the requirement that the LEA notify designated administrators and the student's family member of the request; obtain informed consent for disclosure, where necessary; document each request for information by immigration authorities; and provide the student and guardian/parent with any documents issued by the requestor (unless prohibited). Bar the release of information to authorities for immigration enforcement purposes without a valid court order or judicial subpoena. (This does not apply to investigations of child abuse, child neglect, or child dependency.) Obtain written consent for release of student information unless the information is for a legitimate educational interest or includes directory information only. Immigration enforcement does not serve a legitimate educational interest and immigration status is not directory information. Update the annual notice that reflect the above requirements. Responding to Immigration Enforcement Issues Develop policies for responding to requests for access to school grounds for immigration enforcement purposes. Create policies regarding student interviews or searches by an immigration enforcement officer, including the need to obtain parent consent and/or provide parental notice when such actions occur, unless the officer presents a valid warrant or court order. Establish protocol for arranging for student care and maintaining up-to-date emergency contact information at school sites in case of detention or deportation of student's family member. Emergency contact information should include at least two family or other parental chosen contacts. Child Protective Services should not be contacted unless a school is unsuccessful in arranging for the care of the child through the emergency contact information, or other instructions conveyed by the parent or guardian. Responding to Hate Crimes and Bullying Update policies on bullying and harassment to include actual or perceived citizenship or immigration status as protected classes; further update complaint processes to reflect same. Inform and provide training for students and staff regarding the negative impact of bullying based on actual or perceived immigration status, religious beliefs or customs. Notify parents and guardians of their children's right to a free public education regardless of immigration/citizenship status or religious beliefs, including the "Know Your Rights" immigration enforcement guidelines established by the California Attorney General. Parental Information Should be Language-Accessible All notices provided to parents pursuant to AB 699 should be language-accessible in compliance with state and federal laws. Enrollment, registration, and uniform complaint procedures information provided on an LEA's website should be language-accessible in compliance with state and federal laws. Special thanks from ACSA to Fagen Friedman & Fulfrost, leaders in education law, for assisting our members by helping create this important resource. This fact sheet is a summary only and not legal advice. We recommend that you consult with legal counsel to determine how this legal development may apply to your specific facts and circumstances.

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