BOARD POLICY - 5022
The Board of Education is committed to the success of all students and believes that every school should be a safe and welcoming place for all students and their families. ÌýPersonal information concerning district students and their families, including immigration status and citizenship, is to be kept private in accordance with law.
District and site staff will comply with state and federal law with respect to the collection of information or documents including personal information of students or their family members.
The Board prohibits district staff from administering or distributing to students survey instruments that are designed for the purpose of collecting personal information for marketing or selling that information.
Consistent with requirements of the California Office of the Attorney General, the Superintendent or designee shall develop procedures for addressing any requests by an immigration law enforcement officer for access to district records, school sites, or students.
Legal Reference:
EDUCATION CODE:
200Ìý Educational equity
220Ìý Prohibition of discrimination
234.1Ìý Safe Place to Learn Act
234.7Ìý Student protections relating to immigration and citizenship status
48204.4Ìý Evidence of residency for school enrollment
48980Ìý Parental notifications
48985Ìý Notices to parents in language other than English
Education Code 49450-49457 Physical examinations
Education Code 49602 Confidentiality of pupil information
Education Code 52523 Personal beliefs
GOVERNMENT CODE
8310.3Ìý California Religious Freedom Act
PENAL CODE
422.55 Definition of hate crime
627.1-627.6Ìý Access to school premises, outsiders
United States Code, Title 20
1232g Family Educational Rights and Privacy Act
COURT DECISIONS
Plyler v. Doe, 457 U.S. 202 (1982)
Management Resources:
CSBA PUBLICATIONS
Legal Guidance on Providing All Children Equal Access to Education, Regardless of Immigration Status, February 2017
CALIFORNIA OFFICE OF THE ATTORNEY GENERAL PUBLICATIONS
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
WEBSITES
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California Office of the Attorney General:Ìý http://oag.ca.gov
California Department of Education:
California Department of Fair Employment and Housing:Ìý
California Department of Justice:Ìý
U.S. Department of Education, Office for Civil Rights:Ìý
U.S. Immigration and Customs Enforcement:Ìý
U.S. Immigration and Customs Enforcement, Online Detainee Locator System:Ìý
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Policy Adopted: June 3, 2003
Policy Revised: September 11, 2018
See also:
Board Policy 1113 - DistrictÌýWebsites
Board Policy 4040 - Employee Use of Technology
Board Policy 5125 - Pupil Records
Board Policy 6163.4 - Student Use of Technology
Administrative Regulation