San Francisco Unified School District and County Office of Education
Board Policy 5145.10
Protection of the Rights of Undocumented Students
This Board Policy applies to the San Francisco Unified School District and the County Office of Education.
General Principles
The San Francisco Unified School District is a safe haven for all students regardless of citizenship status. Every student has the right to attend school regardless of the immigration status of the child or of the child’s family members. All students, if they meet the federal and state criteria, are entitled to receive school services including free/reduced price school meals, transportation and other educational services. See also: SF Resolution No. 74-24A2 “SF Board of Education Commitment to Education of All Immigrant Children and Opposition to Recent ICE Raids” Adopted April 4, 2007.
It is the Board of Education’s intention that District personnel and school personnel shall not cooperate with Immigration and Customs Enforcement (ICE), Customs & Border Patrol (CBP), or any other immigration enforcement agency, or any law enforcement agency other than the San Francisco Police or Sheriff’s Departments, including not enforcing immigration laws, not assisting or cooperating with any investigation, detention, or arrest procedures, not providing information or consenting to access to student records, and not consenting to access to students, school campuses, or any lands or buildings owned or controlled by the District unless immigration enforcement agents present a valid warrant or court order signed by a federal or state judge, or if the officer declares that exigent circumstances necessitate immediate action.
Enrollment Documentation:
District personnel shall not treat students disparately for residency determination purposes on the basis of their undocumented status. District personnel shall not inquire about a student’s immigration status, including requiring documentation of a student’s legal status, such as asking for a green card or citizenship papers.
District personnel shall not make unreasonable inquiries from a student or his/her/their parents for the purpose of exposing the immigration status of the child or his/her/their family. District personnel shall not require students to apply for social security numbers nor should the District require students to supply a social security number for any purpose.
Proof of residency of a parent within the school district shall not be required for an unaccompanied youth as defined in 42 USC 11434a(6). The District shall accept a declaration of residency executed by the unaccompanied youth in lieu of a declaration of residency executed by his or her parent or legal guardian. (Cal. Educ. Code 48204)
Access to Records or Information
The District shall avoid the disclosure of information that might indicate a student’s or family’s citizenship or immigration status if the disclosure is not authorized by the Family Educational Rights and Privacy Act (FERPA).
If a parent/student voluntarily shares information or documents that reveal citizenship status, the school shall refrain from recording or maintaining any information about such status in any written student records. Schools and district personnel shall take immediate action to remove any information regarding immigration status of any student or parent/guardian.
SFUSD prohibits employees from disclosing any student records or information, including disclosure of information that might indicate a student’s or family’s citizenship or immigration status. Disclosure of such information absent written parent consent or court order may result in a violation of the Family Education Rights and Privacy Act (20 USC 1232g) and Board Policy (including but not limited to BP 4420). Any requests for student information by ICE Officials shall be referred to the Legal Office to ensure compliance with federal and state law.
The District shall require written parental or guardian consent for release of student information, unless the information is relevant for a legitimate educational interest or includes directory information only. Neither exception permits disclosing information to immigration authorities for immigration-enforcement purposes; no student information shall be disclosed to immigration authorities for immigration enforcement purposes without a court order or judicial subpoena.
A student’s birthplace shall not be included in the SFUSD definition of “Directory Information.” The SFUSD Student and Family Handbook shall annually notify families of this definition of Directory Information. This amended definition shall be effective immediately upon approval by the Board of Education.
Records Requests/Court Orders: As early as possible, district personnel shall take the following action steps upon receiving a request by an immigration enforcement officer (“US Immigration and Customs Enforcement” (ICE) or “Immigration Officials or Representatives”) seeking school documents or information (including but not limited to subpoenas, petitions, warrants)):
- Notify the Legal Office about the information request which in consultation with the Superintendent will determine if the documents can be released.
- Except for investigations of child abuse, child neglect, or child dependency, or when the subpoena served on the local educational agency prohibits disclosure, the District shall provide parental or guardian notification of any court orders, warrants, or subpoenas before responding to such requests.
- Document any verbal or written request for information by immigration authorities.
- Unless prohibited, provide students and parents/guardians with any documents issued by the immigration-enforcement officer.
- Cooperation or access shall be strictly limited to the terms of the warrant or court order signed by the federal or state judge.
Access to Students on Campus
The School Board has found that the presence of Immigration Officials or Representatives on a school site is likely to lead to a disruption of the educational setting. Therefore, any Immigration Officials or Representatives intending to enter a SFUSD school should first notify the Superintendent’s Office or Legal Office of its intention, with adequate notice so that the District can take steps to seek parental consent and provide for the emotional and physical 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.
Immigration Officials or Representatives that contact a school site directly shall be asked to go to the SFUSD Central Office at 555 Franklin to seek approval for access to the school site from the Superintendent’s Office or Legal Office. Immigration Officials or Representatives that do not agree to go to the Central Offices shall be directed to remain in the main office/reception area of the school while the Central Office reviews the request.
At a minimum, Immigration Officials or Representatives shall be expected to comply with their agency’s applicable guidelines and limitations regarding access to schools or students. However, in addition to compliance with such policy the Superintendent and Legal Office review shall protect student privacy and limit access to the fullest extent permissible under the law.
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.
Employees will be defended and indemnified by SFUSD for individual legal consequences that occur as a result of implementing this policy within the course and scope of their job responsibilities
Process When Parents Have Been Detained or Deported
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.
Referrals
If parents and/or students have questions about their immigration status, school personnel shall not refer them to the Immigration and Customs Enforcement Office.