San Francisco Unified School District and County Office of Education
Administrative Regulation 5145.10
Protection of the Rights of Undocumented Students
This Administrative Regulation applies to the San Francisco Unified School District and the County Office of Education.
Maintenance of Records
In order to provide equal access to public education, SFUSD does not request or maintain records regarding immigration status including but not limited to social security numbers, applications for federal programs such as Deferred Action for Childhood Arrivals (DACA) applications, or Development, Relief, Education for Alien Minors Act (DREAM) applications. District staff shall only maintain those records that are required or permissible under 5 CCR 432. Upon receipt of a subpoena or court order all existing responsive records shall be preserved and maintained.
Records Requests
Requests for student records shall be immediately forwarded to the Legal Office to ensure compliance with federal and state confidentiality laws pertaining to student records. In reviewing records requests, the Legal Office shall:
- Review records request and confirm valid court order for specific student(s) whose records are requested. Notify parents of request at least 10 days in advance of disclosure, unless the order precludes parent notification or requires earlier disclosure. If earlier disclosure, notify parents as soon as possible.
- Contact school site to obtain records and review records prior to disclosure to ensure that only records fitting the description of the order are included.
Requests to Access Students on Campus
Absent exigent circumstances, district personnel must receive consent from the student’s parent or guardian before a student can be interviewed or searched by any officer seeking to enforce the civil immigration laws at the school, unless the officer presents (1) a valid, effective court order or warrant signed by a judge, and (2) prior approval to enter a sensitive location. District personnel shall immediately notify the student’s parents or guardians if a law-enforcement officer requests or gains access to a student for immigration-enforcement purposes, unless such access was in compliance with a judicial warrant or subpoena that restricts the disclosure of the information to the parent or guardian.
To minimize disruption and avoid long wait periods at the school site, any ICE officer(s), agents or other local law enforcement representative(s) (including any law enforcement agencies other than SFPD or SF Sheriff’s Department) intending to enter a SFUSD school should first notify the Legal Office of its intention, with adequate notice so that the District can take steps to provide for the safety of its students and staff; and to allow the Superintendent and Legal Office an opportunity to review the request to determine whether access will be approved.
ICE/law enforcement officials that contact a school site directly shall be redirected to the SFUSD Legal Office at 555 Franklin to seek approval for access to the school site. If ICE/law enforcement officials refuse to be redirected to the Legal Office, school personnel shall direct officials to remain in the main office/reception area of the school until school personnel receive direction from the Superintendent/Legal Office.
The school site shall immediately notify the Legal Office of the ICE/law enforcement officials’ request and forward the information listed below (under Collect Evidence) to the Legal Office. The Legal Office shall review the documentation presented by the officer(s), such as an ICE administrative warrant, federal judicial warrant, subpoena for production of documents or other evidence, or any other documentation provided.. The Legal Office will contact the Rapid Response Team to provide legal support for the student who is the subject of the request for access; and will contact the Assistant Superintendent, who shall be responsible to contact the Superintendent and other relevant staff necessary to activate an internal crisis response team to address emotional and physical safety of other students and staff who are not the subject of the ICE request.
School personnel should not attempt to physically impede the officer, even if the officer appears to be exceeding the authorization given under a warrant or other court document. If an officer enters the premises without consent, and refuses to wait for Superintendent or Legal Office review due to an assertion of exigent circumstances, school personnel shall document his or her actions while on campus.
Legal Office Review Process
1. Collect Information: The Legal Office (or school site/department shall collect and forward this information to Legal if ICE/law enforcement will not be redirected to Legal):
- Name(s) of ICE/law enforcement agents/representatives
- Badge numbers
- Telephone numbers
- Name and phone number of their supervisor
- Stated purpose of their visit (seeking records, information, access to a student, access to search property related to an immigration purpose)
- Photograph of agent ID/credentials
- Copies of any documents submitted by the agent(s) seeking access to student and/or records
- Retain a copy of the documents for school records..
2. Request copy of prior approval for entering sensitive location approved by ICE Assistant Director of Operations, Homeland Security Investigations (HIS), the Executive Associate Director (EAD) of HIS; the Assistant Director of Field Operations, Enforcement and Removal Operations (ERO); or the EAD of ERO (as required by ICE Policy 10029.2 “Sensitive Locations”); and
3. Verify Parental Consent or Court Authorization to Access Student. Obtain a copy of the written parental consent or court order or warrant that has been issued by a Federal Judge or Magistrate Judge that authorizes access to the student. Access is limited to the specific scope of the order.
4. Exigent Circumstances
If ICE/law enforcement asserts that there are exigent circumstances that preclude the necessity to obtain prior agency approval, parental consent or court order, request signed written confirmation from the officer to verify the existence of exigent circumstances (national security or terrorism matters; imminent risk of death, violence, or physical harm to person or property; immediate arrest or pursuit of a dangerous felon, terrorist suspect or person posing imminent danger to public safety; or imminent risk of destruction of evidence material to an ongoing criminal case). Comply with officers’ orders and notify the Superintendent immediately.
5. As soon as possible, the District shall explore all options for legal challenges to the agency’s demand for access to students, records or property. If applicable procedural rules permit the District to challenge the demand before complying, the District shall take all necessary and lawful steps to oppose requests or demands that the District assist or cooperate with Immigration enforcement actions. In exploring a legal challenge, the District may consider a number of factors, including but not limited to:
i. Whether the terms of the warrant or court order conflicts with the District’s responsibilities under Plyler v. Doe and other applicable laws
ii. Whether the terms of the warrant or court order conflict with federal and state privacy laws; and
iii. Whether the District can honor the terms of the warrant or court order while providing for the emotional and physical safety of its students and staff.
Nothing in this section shall be construed to direct district personnel or school personnel to violate state or federal law.
If Access to Student is Granted Under Criteria Above
To minimize disruption and protect the privacy of third parties unrelated to the ICE request, the school shall summon the student from class and provide student with a Know Your Rights card.
Access for Interview/Interrogation
- If access is granted to allow an interview or interrogation of a student or students, the school site shall first follow the Safe and Supportive Schools Resolution requirements related to law enforcement interrogation of students, including but not limited to calling all numbers on the student emergency card and giving the parent/guardian a reasonable opportunity to attend the interrogation unless the court order or ICE/law enforcement officer precludes parent notification.
- Make a written record of any refusal to allow the school to contact parents regarding the interrogation, including a copy of the court order and/or the name and badge number of the officer that refused to allow notification.
- If the parent or legal guardian cannot attend or is inaccessible, the student may select a school employee or other adult representative to support them in any interrogation. Interrogation shall be conducted in a private location. School staff may be present as an emotional support person but shall not provide legal advice or interfere with the interview.
Access for Seizure/Arrest
- If access is granted for seizure/arrest of the student, the school will notify the parent/guardian of the fact that the student has been released to the officer and where the student has been taken, except in cases of child abuse. EC 48906.
Requests to Search District Property
If the Legal Office confirms that a court order authorizes a search of District property or grounds, the school site shall make the specific approved area available for search. Students and staff unrelated to and outside the scope of the search shall remain in classrooms and conduct normal school activities until law enforcement action is completed.
Students Whose Parents Have Been Seized by ICE
If the school learns that a student’s parent/guardian has been detained and/or deported, the school shall contact all numbers on the student’s emergency card to identify a relative or caregiver authorized to take care of the student in the parents’ absence.
Alternatively, the school shall release the student into the custody of an individual who presents a Caregiver’s Authorization Affidavit on behalf of the student. Child Protective Services will only be contacted if school personnel are unsuccessful in arranging for the timely care of the child through the emergency contact information that the school has, a Caregiver’s Authorization Affidavit, or other information or instructions conveyed by the parent or guardian.
In the event that a relative or caregiver cannot be located, the school may seek assistance from organizations that provide support services to undocumented families and youth to provide necessary resources and referrals. The Superintendent or designee shall compile a list of resources and providers for this purpose.
The District shall permit students and families to update students’ emergency contact information as needed throughout the school year, and provide alternative contacts if no parent or guardian is available. The District shall ensure that families may include the information of an identified trusted adult guardian as a secondary emergency contact in case a student’s parent or guardian is detained. The District shall communicate to families that information provided within the emergency cards will only be used in response to specified emergency situations, and not for any other purpose. The District shall encourage that families and students have and know their emergency phone numbers and know where to find important documentation, including birth certificates, passports, Social Security cards, doctors’ contact information, medication lists, lists of allergies, etc., which will allow them to be prepared in the event that a family member is detained or deported.
Schools are encouraged to conduct outreach to families that do not have backup emergency contacts to ensure that they have identified relatives or caregivers authorized to care for their child in the event that the parents are not available.
Staff Who Observe Law Enforcement or ICE Presence on or Near Campus
If school staff observe any kind of law enforcement action, including an ICE action on or adjacent to school campus, the staff shall contact the site administrator immediately to notify them about the action and to obtain guidance. If there is a safety issue or possibility of disruption, staff should be advised to keep students in class until the area is cleared and safe for students.
Record-Keeping
After an encounter with an immigration officer, school of district personnel who interacted with the officer shall promptly take written notes of all interactions with the officer. The notes shall include the following items: (1) list or copy of officer’s credentialed and contact information, (2) identity of all school personnel who communicated with the officer, (3) details of the officer’s request, (4) whether the officer presented a warrant or subpoena to accompany their request, what was requested in the warrant/subpoena and whether the warrant/subpoena was signed by a judge; (5) school personnel’s response to the officer’s request, (6) any further action taken by the officer, and (7) photo or copy of documents presented by the officer.
School personnel shall provide a copy of these notes and documentation to the Legal Office. Legal Counsel shall submit a timely report to the Board of Education regarding the officer’s requests and the district’s response, and email the Bureau of Children’s Justice in the California Department of Justice at BCJ@doj.ca.gov regarding any attempt by a law-enforcement officer to access a school site or a student for immigration-enforcement purposes.