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.

• 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

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 and Charter Schools to submit to CDE by March 1st, 2026, a copy of their updated board approved policy implementing AB 49, which should be consistent with the most up to date guidance from the Attorney General. The policy should address how relevant staff throughout the district will be trained to respond if law enforcement agents carrying out immigration actions approach campuses, school buses or other district property, or request access to student records.

   SB 98, signed by the Governor in 2025, requires mandatory notification by LEAs and charter schools whenever immigration officers are present on the school site. Alerts are provided to families, staff, and appropriate community members so that they can feel informed and make the best decisions for themselves and their children. Alerts shall align with mechanisms already in place at schools, to expedite the process and allow for plans tailored to the school community.
   

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.

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.

Resources

American Federation of Teachers: Protecting Our Students