Bill Text


Bill PDF |Add To My Favorites |Track Bill | print page

AB-49 Schoolsites and day care centers: entry requirements: immigration enforcement.(2025-2026)

SHARE THIS: share this bill in Facebook share this bill in Twitter
Date Published: 12/02/2024 09:00 PM
AB49:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill
No. 49

Introduced by Assembly Member Muratsuchi

December 02, 2024

An act to amend Section 234.7 of the Education Code, and to add Section 1596.7997 to the Health and Safety Code, relating to early childcare and education.


LEGISLATIVE COUNSEL'S DIGEST


AB 49, as introduced, Muratsuchi. Schoolsites and day care centers: entry requirements: immigration enforcement.
(1) Existing law prohibits, 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 school district, county office of education, or charter school 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.
This bill would prohibit school officials and employees of a local educational agency from allowing an officer or employee of the United States Immigration and Customs Enforcement (ICE) to enter a schoolsite for any purpose without providing valid identification, a written statement of purpose, and a valid judicial warrant, and receiving approval from the superintendent of the school district, the superintendent of the county office of education, or the principal of the charter school, or their designee, as applicable. The bill would require the local educational agency, if the officer or employee of ICE meets those requirements, to limit access to facilities where pupils are not present. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
(2) The California Child Day Care Facilities Act provides for the licensure and regulation of child day care facilities by the State Department of Social Services. Existing law defines a day care center as a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, schoolage child care centers, and child care centers licensed pursuant to specified laws.
This bill would prohibit, except as required by state or federal law or as required to administer a state or federally supported child care program, employees of a day care center from allowing an officer or employee of ICE to enter the site of the day care center for any purpose without providing valid identification, a written statement of purpose, and a valid judicial warrant, and receiving approval from the director of the day care center or their designee. The bill would require the day care center, if the officer or employee of ICE meets those requirements, to limit access to facilities where children are not present.
(3) 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. do either of the following:
(1) Collect information or documents regarding citizenship or immigration status of pupils or their family members.
(2) Allow an officer or employee of the United States Immigration and Customs Enforcement to enter a schoolsite for any purpose without providing valid identification, a written statement of purpose, and a valid judicial warrant, and receiving approval from the superintendent of the school district or their designee, the superintendent of the county office of education or their designee, or the principal of the charter school or their designee, as applicable.

(b)

(b) (1) If an officer or employee of the United States Immigration and Customs Enforcement meets the requirements set forth in paragraph (2) of subdivision (a), the local educational agency shall limit access to facilities where pupils are not present.
(2) 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) Nothing in this This section prohibits 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 his or her their designee, the superintendent of the county office of education or his or her their designee, or the principal of the charter school or his or her their 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, “local educational agency” means a school district, county office of education, or charter school.

SEC. 2.

 Section 1596.7997 is added to the Health and Safety Code, immediately following Section 1596.7996, to read:

1596.7997.
 (a) Except as required by state or federal law or as required to administer a state or federally supported child care program, employees of a day care center shall not allow an officer or employee of the United States Immigration and Customs Enforcement to enter the site of the day care center for any purpose without providing valid identification, a written statement of purpose, and a valid judicial warrant, and receiving approval from the director of the day care center or their designee.
(b) If an officer or employee of the United States Immigration and Customs Enforcement meets the requirements set forth in subdivision (a), the day care center shall limit access to facilities where children are not present.

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.