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

Prohibition of discrimination

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

Parent/Guardian notifications

Ed. Code 48985

Notices to parents in language other than English

Gov. Code 8310.3

California Religious Freedom Act

Pen. Code 422.55

Definition of hate crime

Pen. Code 627-627.10

Access to school premises

Federal

Description

20 USC 1232g

Family Educational Rights and Privacy Act (FERPA) of 1974

Management Resources

Description

CA Office of the Attorney General Publication

Promoting a Safe and Secure Learning Environment for All:  Guidance and Model Policies to Assist California's K-12 Schools in Responding to Immigration Issues, April 2018

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

CSBA

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

Access To District Records

1340

Access To District Records

3515.3

District Police/Security Department

3515.3

District Police/Security Department

3515.31

School Resource Officers

3555

Nutrition Program Compliance

3555-E(1)

Nutrition Program Compliance

5111

Admission

5111

Admission

5111.1

District Residency

5111.1

District Residency

5125

Student Records

5125

Student Records

5125.1

Release Of Directory Information

5125.1

Release Of Directory Information

5125.1-E(1)

Release Of Directory Information

5141

Health Care And Emergencies

5141

Health Care And Emergencies

5141.4

Child Abuse Prevention And Reporting

5141.4

Child Abuse Prevention And Reporting

5142

Safety

5142

Safety

5145.12

Search And Seizure

5145.12

Search And Seizure

6142.3

Civic Education

6143

Courses Of Study

6143

Courses Of Study

6175

Migrant Education Program

6175

Migrant Education Program

 

Rev: (05/2018) 02/19/25

Adopted: 3/12/25