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San Diego Unified School District has updated its rules governing law enforcement and immigration enforcement officers’ access to its students in order to give school staff more detailed guidance.
The district adopted the policies, which are more specific in what they say about how staff should respond to to immigration enforcement and their reporting requirements, at its board meeting Tuesday, weeks after the Trump administration rescinded a federal policy that limited enforcement in sensitive locations such as schools.
The revisions, informed by updated guidance from the state attorney general, add a requirement that staff notify the Bureau of Children’s Justice. They also add a section on immigration enforcement to the district’s existing policies on law enforcement.
And they give guidance on contacting school police and the superintendent, as well as notification and consent of parent or guardian, in cases where law enforcement tries to access the school or information for immigration enforcement reasons.
Meanwhile, the district’s new task force for equity, civil rights and safety has ordered red cards — also known as “know your rights” cards for immigrants — in four languages, and it is printing “have a plan” posters for each school, interim Superintendent Fabiola Bagula said at the meeting.
The changes took effect Tuesday and are being communicated to principals, the district said.
Bagula said the district is following state law, which she noted also protects transgender students, and that its updated policies align with those from state Attorney General Rob Bonta. She shared a message to immigrant students: “You belong here — your voice, your perspective, your identity enrich our community.”
Bonta’s office released updated guidance in December and last month, along with model policies for districts. It advised districts to update their policies to reflect those model ones by May 1.
The district’s guidance to school staff for how to respond to immigration enforcement notes that the district has what it calls a welcoming district commitment.
“This includes providing a secure and peaceful environment free from immigration enforcement activities, except as required by law,” the administrative regulation says. “The district shall make these policies publicly available to reassure immigrant families of their rights and protections within schools.”
If immigration enforcement tries to access schools or student information, the district will alert the state Bureau of Children’s Justice. Student data is protected under federal student privacy law, and the district will give families annual notice of their privacy rights.
The regulation lays out the process on what staff should do if they get any verbal or written request for a student or family’s immigration or citizenship status:
- Notify the superintendent or a designee.
- Give the student and family “appropriate notice” and describe the request. (Districts are to give annual notices of rights.)
- Document the request for information.
- Notify the Bureau of Children’s Justice, consistent with federal law.
- Notify parents or guardians of any court orders, warrants or subpoenas before responding to requests — except in investigations of child abuse, neglect or dependency, or when the subpoena expressly forbids disclosure.
Step 4 was added in the revision, and Step 5 was expanded.
Visitors now must provide their name, address, occupation, age if under 21, the purpose of their visit, proof of their identity and any other information required by law. The addition of occupation is new.
Immigration officers must identify themselves, and district staff must confirm they have valid documentation. Absent exigent circumstances, no access will be granted without a judicial warrant, the district policy says.
The regulations also outline how district staff should respond to immigration enforcement. That includes noting or copying the officer’s credentials and their supervisor’s phone number, which was already in place..
If presented with a U.S. Immigration and Customs Enforcement administrative warrant or a subpoena, staff should contact district lawyers. Staff should comply with a judicial warrant, but if possible they should first consult a lawyer to determine its validity and scope.
District staff should not physically impede an officer, even if the officer appears to be exceeding their authority, which was already in place.
The regulation also directs the district to establish resources for school employees that include how to respond to immigration enforcement on campus, procedures for securing student information and strategies for supporting students and families during immigration-related emergencies.
Some other school districts have not updated their policies in the last few weeks but suggested they may revisit their existing policies and regulations soon.
Poway Unified since 2018 has had a step-by-step process for staff and taking down an officer’s information.
Oceanside Unified has similar rules, including requiring visitors to list their occupation and alerting the state Department of Justice. The district has also shared immigration resources on their website.
“Our district regularly reviews and updates its board policies and administrative regulations in alignment with recommendations from the California School Boards Association,” said Poway Unified spokesperson Josué Reyna. “We anticipate the next round of policy updates, which may include this specific regulation, to take place in March.”
South Bay Union said it is monitoring guidance and will update procedures if necessary.
And San Marcos Unified approved a resolution at its most recent board meeting reiterating California state law that schools are a safe place for all students, regardless of immigration status.
Originally Published: