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SB-959 Educational equity: immigration and citizenship status.(2019-2020)

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Date Published: 03/17/2020 04:00 AM
SB959:v98#DOCUMENT

Amended  IN  Senate  March 16, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 959


Introduced by Senator Hurtado

February 10, 2020


An act to amend Section 234.7 of of, and to add Section 8206.3 to, the Education Code, relating to educational equity.


LEGISLATIVE COUNSEL'S DIGEST


SB 959, as amended, Hurtado. Educational equity: immigration and citizenship status.
Existing law prohibits school officials and employees of a school district, county office of education, or charter school, except as required by state or federal law or as required to administer a state or federally supported educational program, from collecting information or documents regarding citizenship or immigration status of pupils or their family members. Existing law requires the superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, to report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite 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. Existing law requires the governing board or body of a local educational agency to perform specified actions relating to pupils and immigration status, including, among others, providing information to parents and guardians, as appropriate, regarding their children’s right to a free public education, regardless of immigration status or religious beliefs.
This bill, for purposes of those provisions, would define “pupil” to mean a child enrolled in a childcare and development program, as defined, transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, that is administered or operated by a local educational agency. To the extent the bill imposes additional duties on local educational agencies, the bill would impose a state-mandated local program.
The Child Care and Development Services Act, administered by the State Department of Education, provides that children from infancy to 13 years of age are eligible for federal and state subsidized child development services if their families meet at least one requirement in each of certain areas. The act requires the Superintendent of Public Instruction to administer general childcare and development programs and requires the department to contract with local contracting agencies, as specified. Existing law requires the Attorney General, by April 1, 2018, in consultation with appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement at public schools, to the fullest extent possible consistent with federal and state law, and ensuring that public schools remain safe and accessible to all California residents, regardless of immigration status.
This bill would require the Attorney General, on or before March 31, 2021, in consultation with appropriate stakeholders, to expand upon the above-described published model policy to include model policies limiting assistance with immigration enforcement at childcare and development programs, as defined, to the fullest extent possible consistent with federal and state law, and ensuring that childcare and development programs remain safe and accessible to all California residents, regardless of immigration status. The bill would require the department, on or before June 30, 2021, to issue a management bulletin to childcare and development programs to provide certain information regarding a child’s right to be safely enrolled in a childcare and development program, including the model policies established by the Attorney General. The bill would require the department to support childcare and development programs that contract directly with the department for childcare and development services, except licensed or license-exempt family childcare providers, in providing that information to parents and guardians, as appropriate.
The bill would also require the department, on or before June 30, 2021, to issue a management bulletin to support those childcare and development programs in adopting the model policies developed by the Attorney General, or their equivalent. The bill would require those childcare and development programs to provide information to providers with whom they contract, including their adopted model policy and protocols for responding to, and interacting with, immigration enforcement agencies or their agents. Commencing July 1, 2021, the bill would require the department, before awarding, renewing, or expanding a contract for childcare and development services, to require those childcare and development programs to submit to the department a copy of their model policy and provider protocols and a copy of the notification to parents and guardians.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 234.7 of the Education Code is amended to read:

234.7.
 (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency shall not collect information or documents regarding citizenship or immigration status of pupils or their family members.
(b) The superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, shall report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite 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.
(c) If an employee of a school is aware that a pupil’s parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupil’s care in the emergency contact information it has for the pupil to arrange for the pupil’s care. A school is encouraged to work with parents or guardians to update the emergency contact information and not to contact Child Protective Services to arrange for the pupil’s care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian.
(d) The governing board or body of a local educational agency shall do both of the following:
(1) Provide information to parents and guardians, as appropriate, regarding their children’s right to a free public education, regardless of immigration status or religious beliefs. This information shall include information relating to “know your rights” immigration enforcement established by the Attorney General and may be provided in the annual notification to parents and guardians pursuant to Section 48980 or any other cost-effective means determined by the local educational agency.
(2) Educate pupils about the negative impact of bullying other pupils based on their actual or perceived immigration status or their religious beliefs and customs.
(e) This section does not prohibit the governing board or body of a local educational agency from establishing stronger standards and protections.
(f) (1) The Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, shall publish model policies limiting assistance with immigration enforcement at public schools, to the fullest extent possible consistent with federal and state law, and ensuring that public schools remain safe and accessible to all California residents, regardless of immigration status. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies:
(A) Procedures related to requests for access to school grounds for purposes related to immigration enforcement.
(B) Procedures for local educational agency employees to notify the superintendent of the school district or the superintendent of the school district’s designee, the superintendent of the county office of education or the superintendent of the county office of education’s designee, or the principal of the charter school or the principal’s designee, as applicable, if an individual requests or gains access to school grounds for purposes related to immigration enforcement.
(C) Procedures for responding to requests for personal information about pupils or their family members for purposes of immigration enforcement.
(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action.
(g) All local educational agencies shall adopt the model policies developed pursuant to subdivision (f), or equivalent policies, by July 1, 2018.
(h) For purposes of this section, the following definitions apply:
(1) “Local educational agency” means a school district, county office of education, or charter school.
(2) “Pupil” means a child enrolled in a childcare and development program, as defined in Section 8208, transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, that is administered by a local educational agency.

SEC. 2.

 Section 8206.3 is added to the Education Code, to read:

8206.3.
 (a) (1) The department shall provide information to childcare and development programs, as defined in Section 8208, regarding a child’s right to be safely enrolled in a childcare and development program, regardless of immigration status or religious beliefs. This information shall include information relating to “know your rights” immigration enforcement and model policies established by the Attorney General pursuant to subdivision (c). On or before June 30, 2021, the department shall provide this information by issuing a management bulletin to childcare and development programs.
(2) The department shall support childcare and development programs described in subdivision (f) in providing information to parents and guardians, as appropriate, regarding their children’s right to be safely enrolled in a childcare and development program, regardless of immigration status or religious beliefs. This information shall include information relating to “know your rights” immigration enforcement established by the Attorney General, and may be provided in an annual notification, in the primary language of the parent or guardian consistent with Sections 7290 to 7298, inclusive, of the Government Code, to parents and guardians or other cost-effective means determined by the childcare and development program provider.
(3) A childcare and development program described in subdivision (f) shall provide information to providers with whom they contract, including its model policy adopted pursuant to subdivision (d) and protocols for responding to, and interacting with, immigration enforcement agencies or their agents.
(b) This section does not prohibit a childcare and development program, as defined in Section 8208, from establishing stronger standards and protections.
(c) (1) On or before March 31, 2021, the Attorney General, in consultation with the appropriate stakeholders, shall expand upon its published model policy developed pursuant to Section 234.7 to include model policies limiting assistance with immigration enforcement at childcare and development programs, as defined in Section 8208, to the fullest extent possible consistent with federal and state law, and ensuring that childcare and development programs remain safe and accessible to all California residents, regardless of immigration status.
(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action.
(d) On or before June 30, 2021, the department shall support childcare and development programs described in subdivision (f) in adopting the model policies developed pursuant to subdivision (c), or equivalent policies, by issuing a management bulletin.
(e) Commencing July 1, 2021, before awarding, renewing, or expanding a contract for childcare and development services, the department shall require a childcare and development program described in subdivision (f) to submit to the department a copy of the model policy and provider protocols and a copy of the notification to parents and guardians.
(f) Paragraphs (2) and (3) of subdivision (a), and subdivisions (d) and (e) apply only to a childcare and development program, as defined in Section 8208, that has a direct contract with the department for childcare and development services, and do not apply to licensed or license-exempt family childcare providers.

SEC. 2.SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.