Including Immigrant Families

In response to requests for information and support from local educational agencies (LEAs), the California Department of Education (CDE) is sharing the information and resources below to preserve access to education for students from immigrant families during times of increased fear of immigration enforcement.

Immigration Toolkit

Our Schools: Resources for Including Immigrant Families is a family-facing toolkit to communicate assurance of all schools’ obligation to provide every child with access to education and a safe learning environment, regardless of immigration status.

Letters and Communications

• Immigrant's Rights to Access Public Education
• Resources to Support in the Case of Immigration Enforcement on School Campuses
• June 3rd Response to Executive Order Regarding Sanctuary Jurisdictions

Key Information

Please see below for key pieces of information regarding immigrant families in the state of California and the protection of their right to access education:

1. The U.S. Supreme Court has long guaranteed that all children have a right to a free public education, regardless of immigration status. Plyler v. Doe (PDF), 457 U.S. 202 (1982).
   
   
2. Every student in California has the right to attend public school in the state free from discrimination, harassment, violence, intimidation, and bullying. (Ed. Code §§ 220, 234 et seq.)
   
   
3. The threat of immigration enforcement can impair the ability of many students (undocumented and U.S. citizen students) to thrive in our schools. According to data gathered by the Urban Institute, approximately half of California’s students are members of immigrant families, in which one or more parents are immigrants. One in five children in California are members of mixed-status families, in which one or more parents are undocumented. 93 percent of those students are United States citizens.
   
   
4. California’s Assembly Bill (AB) 699 (2017) was passed amid the rising fear of immigration enforcement. The bill instructed schools not to collect information about families’ immigration status unless required by law, and required schools to pass policies limiting assistance with immigration enforcement at public schools. School districts throughout California passed policies, procedures and resolutions intended to make families and students feel safe at school, and to communicate to staff, students, and their families that all students have a right to attend school regardless of their immigration status. Prior to and in response to AB 699, California school districts passed “safe haven” resolutions intended to make families and students feel safe at school, and to communicate to staff, students, and their families that all students have a right to attend school regardless of their immigration status. See, e.g., Natomas Unified School District Resolution .
   
   
5. AB 49, signed by the Governor in 2025, prohibits any law enforcement agent carrying out immigration actions from access to school campuses or student records without a signed judicial order.

   Additionally, this law requires all LEAs to adopt the model policies or equivalent policies by March 1, 2026. The model policies and related guidance are available on the Office of the Attorney General's Promoting a Safe and Secure Learning Environment for All web page (PDF). The CDE has created a portal for LEAs to submit copies of updated, board-approved policies implementing AB 49. It is located on the LEA Immigration Enforcement Policy Submission web page. All LEAs are requested to submit their AB 49-compliant policies to the CDE portal on or before March 1, 2026.

   SB 98, signed by the Governor in 2025, requires comprehensive school safety plans to include procedures designed to notify parents and guardians of pupils, teachers, administrators, and school personnel when the school confirms the presence of immigration enforcement on the schoolsite. The content and timing of a notification shall consider the safety and well-being of the pupils, employees, and community members of the schoolsite when determining when and how to issue the notification to parents and guardians of pupils, teachers, administrators, and school personnel.
   

6. Pursuant to AB 699, the California Attorney General’s Office has issued guidance and model policies (PDF) to help schools promote a safe learning environment for all students, and to help school officials (PDF) and families (PDF) respond to potential immigration enforcement. Pursuant to Education Code § 234.7, all LEAs shall adopt the model policies developed by the Attorney General.

External Resources

American Federation of Teachers: Protecting Our Students