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, as more fully outlined below.
It is further the Board’s intention to maintain the most protective policy possible for students and families permitted by law, and therefore the Board additionally adheres to the protections outlined in the City and County of San Francisco’s Sanctuary Ordinance (SF Administrative Code 12H) and adopts language consistent with its Ordinance Regulating the Use of City Property (SF Administrative Code 4.19).
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)
Confidentiality of Student Records
Federal law, as outlined in the Family Education Rights and Privacy Act, 20 USC 1232g (FERPA), protects the confidentiality of student records and information from such records. 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 4019). Any requests for student records or information submitted by immigration enforcement officials shall be referred to the Legal Office to ensure compliance with federal and state law.
District staff shall not inquire specifically about a student’s citizenship or immigration status or the citizenship or immigration status of a student’s parents or guardians or collect information about the citizenship or immigration status of a student or their parents or guardians; nor shall personnel seek or require, to the exclusion of other permissible documentation or information, documentation or information that may indicate a student’s immigration status, such as a green card, voter registration, a passport or citizenship papers. The District shall not allow school resources or data to be used to create a registry based on race, gender, sexual orientation, religion, ethnicity, national origin, or immigration status. (See, e.g., Cal. Gov. Code 8310.3)
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.
Requests for Records or Information
No information regarding students, their families, teachers, or employees shall be disclosed, to the extent practicable, to an officer or employee of an agency conducting immigration enforcement without prior written parent consent, a judicial subpoena, judicial warrant, or court order directing the District or its personnel to do so. Any disclosure must be in accordance with requirements set forth in Section 99.31(a)(9)(ii) of Title 34 of the Code of Federal Regulations. (Education Code 234.7)
- This includes “personal information,” as defined by Civil Code Section 1798.3. (Education Code 234.7) “Personal information” means “any information that is maintained by an agency that identifies or describes an individual, including, but not limited to, the individual’s name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It includes statements made by, or attributed to, the individual. This also includes information about a pupil’s home and travel schedule. (Civil Code 1798.3)
If the parent/guardian has not provided written consent for the release of student information, the District will make every effort to determine whether they opt to provide such written consent. A written parental, guardian, or eligible student consent for release of student information must include the following information; (1) the signature and date of the parent, guardian or eligible student providing consent, (2) a description of the records to be disclosed; (3) the reasons for release of information; (4) the parties or class of parties receiving the information. (34 CFR 99.30(b)). If a parent, guardian or eligible student so requests, the District will provide them with a copy of the records disclosed. (34 CFR 99.30(c)) The District shall permanently keep the consent notice with the record file.
A parent, guardian or eligible student is not required to sign a consent form. If the parent, guardian or eligible student refuses to provide written consent for the release of student information that is not otherwise subject to release, the District will not release the information.
If the request seeks information regarding an employee or teacher of the District, the same procedures will be followed, except that human resources personnel should be consulted first.
Action Steps Upon Receiving a Request for Information
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.
- Send the written parent consent, subpoena, warrant or court order to the Legal Office for review. For any requests for information, the District is under no obligation to produce the records or information immediately. The Legal Office will note the designated date for production of records, if one is indicated in the request.
- Provide students and families with appropriate notice and a description of the officer or employee’s request.
- If the officer presents an administrative order, send it to the Legal Office as there is no separate requirement in federal or state law to provide information to the Department of Homeland Security (DHS), ICE, or any other agency within DHS, without a court order, judicial warrant, or judicial subpoena.
- Except for investigations of child abuse, child neglect, or child dependency, or when the court order or subpoena served on the local educational agency prohibits disclosure, the District shall provide parental or guardian notification of 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.
Requests for Access to Students on Campus
Officers or employees of an agency conducting immigration enforcement shall not be permitted to enter a nonpublic area of a school site for any purpose unless there is prior confirmation of a valid judicial warrant, judicial subpoena, or court order. Any school official or employee of SFUSD/COE shall, to the extent practicable, request a valid identification from an officer or employee of an agency conducting immigration enforcement seeking to enter a nonpublic area of a school site. (Education Code 234.7)
Advance Notification Requirements
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 seek access to 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.
If Immigration Officials or Representatives contact a school site directly, school staff shall direct them 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 by school staff to remain in the main office/reception area of the school while the Central Office reviews the request.
Action Steps Upon Receiving Request for Access to Students/School Property
1. Advise the officer that before proceeding with their request, and absent exigent circumstances, school personnel must first notify and receive direction from the Superintendent and Legal Office.
2. Ask to see and make a copy of the officer’s credentials (name and badge number). Also ask for any copy or note the phone number of the officer’s supervisor.
3. Ask the officer for their reason for being on school grounds and document it.
4. Ask the officer to produce any documentation that authorizes school access.
5. Make a copy of all documents provided by the officer. Retain one copy for school records.
6. If the officer declares exigent circumstances exist and demands immediate access to the campus, comply with the officer’s orders and immediately contact the Superintendent and Legal Office. Compliance under exigent circumstances does not constitute consent to the search or entry.
7. If the officer does not declare that exigent circumstances exist:
- Forward the documentation (i.e., written parent consent, federal warrant or court order) provided by the officer to the Legal Office for review and verification of compliance with Education Code Section 234.7 requirements for access to school campuses.
- District personnel must receive consent from the student’s parent or guardian before a student can be interviewed or searched by an officer seeking to enforce the civil immigration laws at the school, unless the officer presents a valid, effective warrant signed by a judge or presents a valid effective court order that has been verified by the Legal Office to require the interview or search.
- Immediately notify the student’s parents or guardians if an officer or employee of an agency 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.
8. While District personnel should not consent to an officer seeking access for immigration enforcement purposes, except as described above, they should not attempt to physically impede the officer, even if the officer appears to be exceeding the authorization given under a warrant or other document. If an officer enters the premises without consent, District personnel shall document their actions while on campus and if feasible, accompany them at all times.
9. After the encounter with the officer, District personnel shall promptly take written notes of all interactions with the officer. The notes shall include the following items:
- List or copy of the officer’s credentials and contact information;
- Identity of all school personnel who communicated with the officer;
- Details of the officer’s request;
- Whether the officer presented a warrant, court order, or subpoena to accompany their request, what was requested in the document and whether it was signed by a judge;
- District personnel’s response to the officer’s request;
- Any further action taken by the officer; and
- Photo or copy of any documents presented by the agent.
10. District personnel shall provide a copy of those notes and associated documents collected from the officer to the Legal Office.
11. The Superintendent shall submit a timely report to the governing board regarding the officer’s requests and actions and the District’s response.
12. Email the Bureau of Children’s Justice in the California Department of Justice, at BCJ@doj.ca.gov regarding any attempt by an officer or employee of an agency to access a schoolsite or a student for immigration enforcement purposes.
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. School employees will be trained on these policies and will not face District discipline for following the requirements of this policy.
Process When Parents Have Been Detained or Deported
Families and students are encouraged to have and know their emergency phone numbers and to know where to find important documentation, including but not limited to birth certificates, passports, Social Security cards, doctors’ contact information, medication lists, list of allergies, which will allow them to be prepared in the event that a family member is 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. 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 maintains, a Caregiver’s Authorization Affidavit, or other information or instructions conveyed by the parent or guardian. (Education Code 234.7)
Families and students may update emergency card information as needed throughout the school year, and provide alternative contacts if no parent is available. Families may include an identified trusted adult guardian as a secondary emergency contact in the case a parent/guardian is detained. The District shall communicate to families that contacts listed in the emergency card will only be used in response to specified emergency situations, and not for any other purpose.
Communication of ICE Presence on or Near Campus
The SFUSD Communications Office will notify parents/guardians, teachers, administrators and other school staff at a school where there is a confirmed presence of ICE or other immigration enforcement officials on or near campus. The Superintendent and Communications Office will consider the safety and wellbeing of students and the school community when determining when and how to issue the notification. The notice may include hyperlinks to resources outlining the education and privacy/confidentiality rights of students and families, as well as counseling and support services. (Education Code 32282)
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.
The District will maintain on its website a section with updated links to refugee and immigrant services, and will provide information to Newcomer families and students regarding available community resources including legal, housing, health, employment and food security when they enroll.
Use of District Property
The District and UESF jointly declare that the buildings and grounds of SFUSD Schools are sanctuary spaces for all students, parents, administrators, bargaining unit members, and community members at the school for school-related business and jointly commit to defend the right to a free and safe learning environment to the extent permitted by law.
In order to minimize the disruption of public school instruction and ensure maximum protection of student, family and employee safety on District property and grounds to the extent permitted by law, the Board adopts the following provisions that are parallel to the protections outlined in San Francisco Ordinance 4.19 (ICE Free Zones):
(a) No person or entity may use real and personal property belonging to, or subject to the control of, San Francisco Unified School District and County Office of Education (hereinafter “the District”) unless the use advances or promotes public school programs or other purposes authorized by the District and the District has authorized the use.
(b) No District official, employee, or agent shall authorize the use of any real or personal property subject to the control or jurisdiction of the District if the use will disrupt District operations or discourage access to District services, unless the use furthers a District purpose.
(c) The use of real or personal property to assist in the enforcement of Federal immigration law is not a District purpose.
(d) The use of real or personal property shall mean the right to occupy or use the property, to the exclusion of others, and shall include but not be limited to a license, permit to enter, use permit, or other similar instrument. It shall not mean non-exclusive access or use of the District’s property traditionally open and available to the public where that access or use is on the same terms as members of the public and does not disrupt District operations.
(e) Upon finding that a District official or employee has engaged in activities prohibited by this provision, that official or employee shall be subject to disciplinary action.
(f) Nothing in this provision shall be construed to interfere with or inhibit any exercise of the constitutionally protected rights of freedom of speech or assembly or to prevent the use of, or access to, District property as required by law.
Reporting
The superintendent shall report to the Board of Education in a timely manner any requests for information or access to a school site by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information. (Education Code 234.7)
Compliance with Federal and State Law
Nothing in this policy shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law or to require or authorize employees to violate federal or state law, regulation or court decision.
Cross References
Revised & approved via consent calendar April 16, 2024
Adopted Feb 14, 2017