Immigration Resources

At Pacific View Charter School, we are committed to protecting the safety and rights of our students and continue to abide by our Board Policy #25: Immigration Enforcement as well as all current and state federal laws. With that in mind, here is some information regarding privacy and immigration enforcement on school campuses. 

 

Education For All: By law, all children in the United States have a right to equal access to free public education, regardless of their or their parents’/guardians’ immigration status. 

 

Safe Spaces: The Department of Homeland Security has designated schools and colleges as “protected areas,” discouraging immigration enforcement actions on school campuses.

 

Additionally, AB 495 prohibits school officials and employees, unless required by state or federal law, or required to administer a state or federally supported education program, from allowing an officer or employee of an agency conducting immigration enforcement to enter a nonpublic area of a school site for any purpose, unless the person seeking entry presents a valid judicial warrant, judicial subpoena or a court order.  

 

Privacy Protections: The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records.  Generally, schools must have written permission from the parent to release any information from a student's education record. Administrative Regulation 5125 limits who directory information—such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance—can be disclosed to, and the process for the disclosure. California law prohibits the release of directory information to immigration authorities for immigration enforcement purposes without parental consent, a court order, or subpoena. 

 

AB 495 also prohibits a local education agency and its personnel from disclosing or providing, in writing, verbally or in any other manner  and to the extent practicable, any information about a pupil, including their educational records or information about the pupil’s family and household to an officer or employee of an agency conducting immigration enforcement, unless that officer provides a valid judicial warrant, judicial subpoena, or a court order requesting the information. This prohibition applies as well to any information about a school employee or teacher. 

 

Immigration Enforcement at Schools: California law prohibits school employees from:

• Asking if a child or their parents are U.S. citizens 

• Asking about a child or their family members’ immigration status

• Sharing information about students or their family members with immigration authorities unless ordered to do so by a court 

If immigration agents come to the school, in accordance with state and federal law, school staff shall:

• Immediately notify the site administration of the request, who will review and handle the request. 

• Not provide access to students or information on students unless compelled to do so by a court order, or informed by the immigration agent that exigent circumstances exist.

• Not give permission to immigration agents to enter non-public areas of the campus (classrooms, cafeteria, playgrounds, etc.) unless compelled to do so by a court order, or informed by the agent that exigent circumstances exist.

• Notify parents immediately if an immigration agent makes any request about you or your family, unless they are prohibited from doing so by a court order. 

• Provide parents with a copy of any document, subpoena, or court order provided by an immigration agent 

• Escort the agent off campus as soon as possible after the administrator has received the agent’s request and determined the required response.

 

Pacific View is committed to providing a safe and nurturing environment for all students. We will continue to monitor the situation and notify families if there are any changes to the above information.