Brentwood Union School District
Board Policy BP 5145.13
Students
Response To Immigration Enforcement
The Governing Board is committed to the success of all students and believes that every school site should be a safe and welcoming place for all students and their families irrespective of their citizenship or immigration status.
District staff shall not solicit or collect information or documents regarding the citizenship or immigration status of students or their family members or provide assistance with immigration enforcement at district schools, except as may be required by state and federal law. (Education Code 234.7)
No student shall be denied equal rights and opportunities nor be subjected to unlawful discrimination, harassment, intimidation, or bullying in the district's programs and activities on the basis of his/her immigration status. (Education Code 200, 220, 234.1)
The Superintendent or designee shall notify parents/guardians regarding their children's right to a free public education regardless of immigration status or religious beliefs and their rights related to immigration enforcement. (Education Code 234.7)
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.
Teachers, school administrators, and other school staff shall receive training regarding immigration issues, including information on responding to a request from an immigration officer to visit a school site or to have access to a student.
The Superintendent or designee shall report to the Board in a timely manner any requests for information or access to a school site by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws. Such notification shall be provided in a manner that ensures the confidentiality and privacy of any potentially identifying information. (Education Code 234.7)
Policy Reference Disclaimer:
These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy.
State
Description
Ed. Code 200
Equal rights and opportunities in state educational institutions
Ed. Code 220
Ed. Code 234.1
Student protections relating to discrimination, harassment, intimidation, and bullying
Ed. Code 234.7
Student protections relating to immigration and citizenship status
Ed. Code 48204.4
Evidence of residency for school enrollment
Ed. Code 48980
Ed. Code 48985
Notices to parents in language other than English
Gov. Code 8310.3
California Religious Freedom Act
Pen. Code 422.55
Pen. Code 627-627.10
Federal
Description
20 USC 1232g
Family Educational Rights and Privacy Act (FERPA) of 1974
Management Resources
Description
CA Office of the Attorney General Publication
Court Decision
Plyler v. Doe, 457 U.S. 202 (1982)
CSBA Publication
Legal Guidance on Providing All Children Equal Access to Education, Regardless of Immigration Status, February 2017
Website
CSBA District and County Office of Education Legal Services
Website
U.S. Immigration and Customs Enforcement, Online Detainee Locator System
Website
California Attorney General's Office
Website
California Office of the Attorney General
Website
Website
U.S. Department of Education, Office for Civil Rights
Website
U.S. Immigration and Customs Enforcement
Website
California Department of Education
Website
California Civil Rights Department
Cross References
Code
Description
0410
Nondiscrimination In District Programs And Activities
1340
1340
3515.3
District Police/Security Department
3515.3
District Police/Security Department
3515.31
3555
3555-E(1)
5111
5111
5111.1
5111.1
5125
5125
5125.1
Release Of Directory Information
5125.1
Release Of Directory Information
5125.1-E(1)
Release Of Directory Information
5141
5141
5141.4
Child Abuse Prevention And Reporting
5141.4
Child Abuse Prevention And Reporting
5142
5142
5145.12
5145.12
6142.3
6143
6143
6175
6175
Rev: (05/2018) 02/19/25
Adopted: 3/12/25