BP 5145.13 — RESPONSE TO IMMIGRATION ENFORCEMENT
STUDENTS BP 5145.13(a)
RESPONSE TO IMMIGRATION ENFORCEMENT
The Board of Education is committed to the success of all students and believes that
every school site should be a safe and welcoming place for all students and their families
irrespective of their citizenship or immigration status.
District staff shall not solicit or collect information or documents regarding the citizenship
or immigration status of students or their family members or provide assistance with
immigration enforcement at District schools, except as may be required by state and
federal law. (Education Code 234.7)
(cf. 5111 - Admission)
(cf. 5111.1 - District Residency)
No student shall be denied equal rights and opportunities nor be subjected to unlawful
discrimination, harassment, intimidation, or bullying in the District's programs and
activities on the basis of his/her immigration status. (Education Code 200, 220, 234.1)
(cf. 0410 - Nondiscrimination in District Programs and Activities)
(cf. 5131.2 - Bullying)
(cf. 5145.3 - Nondiscrimination/Harassment)
(cf. 5145.9 - Hate-Motivated Behavior)
The Superintendent or designee shall notify parents/guardians regarding their children's
right to a free public education regardless of immigration status or religious beliefs and
their rights related to immigration enforcement. (Education Code 234.7)
(cf. 5145.6 - Parental Notifications)
Consistent with requirements of the California Office of the Attorney General, the
Superintendent or designee shall develop procedures for addressing any requests by a
law enforcement officer for access to District records, school sites, or students for the
purpose of immigration enforcement.
(cf. 1340 - Access to District Records)
(cf. 3580 - District Records)
(cf. 5125 - Student Records)
(cf. 5125.1 - Release of Directory Information)
The Superintendent or designee shall notify the Board of Education in a timely manner if
there are 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. Such
notification shall be provided in a manner that ensures the confidentiality and privacy of
any potentially identifying information. (Education Code 234.7)
BP 5145.13(b)
RESPONSE TO IMMIGRATION ENFORCEMENT (cont.)
Attorney General Guidance
The Superintendent or designee shall notify parents and guardians of their children’s right
to a free public education, regardless of immigration status or religious beliefs. The Board
of Education shall adopt and publicize policies that prohibit discrimination, harassment,
intimidation, and bullying on the basis of a student’s actual or perceived nationality,
ethnicity, or immigration status. Those policies must be translated in the student’s primary
language if at least 15 percent of the students enrolled in the school speak a single
primary language other than English.
If school personnel witnesses an act of discrimination, harassment, intimidation, or
bullying, they shall take immediate steps to intervene when safe to do so; the District has
developed a timeline to investigate and resolve complaints of discrimination, harassment,
intimidation, or bullying that shall be followed by all schools under the jurisdiction of the
local educational agency; and an appeal process afforded to the complainant should he
or she disagree with the resolution of a complaint. Any complaint of bullying, whether it is
discriminatory or nondiscriminatory, shall be investigated and resolved in accordance with
law and the District's Uniform Complaint Procedures (UCP) specified in Administrative
Regulation (AR) 1312.3.
(cf. 1312.3 - Uniform Complaint Procedures)
The District shall educate students about the negative impact of bullying other students
based on their actual or perceived immigration status or their religious beliefs or customs.
The administration shall ensure that complaint procedures contain confidentiality
safeguards for immigration status information and shall prohibit retaliation against a
person who submits a complaint of discrimination, harassment, intimidation, or bullying.
The Superintendent or designee will train teachers, staff, and personnel to ensure that
they are aware of their legal duty to take reasonable steps to eliminate a hostile
environment and respond to any incidents of harassment based on the actual or
perceived characteristics noted above. Such training should, at minimum, provide agency
personnel with the skills to do the following:
1. Discuss the varying immigration experiences among members of the student body
and school community;
2. Discuss bullying-prevention strategies with students, and teach students to
recognize the behavior and characteristics of bullying perpetrators and victims;
3. Identify the signs of bullying or harassing behavior;
4. Take immediate corrective action when bullying is observed; and
BP 5145.13(c)
RESPONSE TO IMMIGRATION ENFORCEMENT (cont.)
5. Report incidents to the appropriate authorities, including law enforcement in
instances of criminal behavior.
Legal Reference:
EDUCATION CODE
200 Educational Equity
220 Prohibition of Discrimination
234.1 Safe Place to Learn Act
234.7 Student Protections Relating to Immigration and Citizenship Status
48204.4 Evidence of Residency for School Enrollment
48980 Parental Notifications
48985 Notices to Parents in Language Other than English
GOVERNMENT CODE
8310.3 California Religious Freedom Act
PENAL CODE
422.55 Definition of Hate Crime
627.1-627.6 Access to School Premises, Outsiders
UNITED STATES CODE, TITLE 20
1232g Family Educational Rights and Privacy Act
COURT DECISIONS
Plyler V. Doe, 457 U.S. 202 (1982)
Management Resources:
CALIFORNIA SCHOOL BOARDS ASSOCIATION PUBLICATIONS
Legal Guidance on Providing all Children Equal Access to Education, Regardless of Immigration Status,
February 2017
CALIFORNIA OFFICE OF THE ATTORNEY GENERAL PUBLICATIONS
Promoting A Safe And Secure Learning Environment For All: Guidance And Model Policies To Assist
California's K-12 Schools In Responding To Immigration Issues, April 2018
WEBSITES
California School Boards Association: http://www.csba.org
California Office of the Attorney General: http://oag.ca.gov
California Department of Education: http://www.cde.ca.gov
California Department of Fair Employment and Housing: http://www.dfeh.ca.gov
California Department of Justice: http://www.justice.gov
U.S. Department of Education, Office for Civil Rights: http://www.ed.gov/about/offices/list/ocr
U.S. Immigration and Customs Enforcement: http://www.ice.gov
U.S. Immigration and Customs Enforcement, Online Detainee Locator System: http://locator.ice.gov/odls
Chino Valley Unified School District
Policy Adopted: September 1, 2022
Revised: June 15, 2023