SB 48 (Gonzalez) Safe Access to Schools
SUMMARY
Senate Bill (SB) 48 would restrict local educational
agencies (LEAs) and local law enforcement agencies from cooperating with federal immigration enforcement
officers on or near school grounds, providing additional protections for students and families to attend school
safely.
EXISTING LAW
The Federal Family Educational Rights and Privacy Act
(FERPA) restricts LEAs from releasing certain private
student information without parental or guardian
consent.
Assembly Bill (AB) 699 (O’Donnell, Chapter 493, Statutes of 2017) prohibits school officials and employees of an LEA from collecting or requesting the citizenship or
immigration status of pupils or their family members,
except under narrow circumstances. The bill also required the Attorney General (AG) to create model policies
regarding how LEAs should handle requests for access to information and school grounds for the purposes of
immigration enforcement. Finally, the bill required all LEAs to adopt the AG’s model policies, or equivalent
policies, by July 1, 2018.
BACKGROUND/PROBLEM
The U.S. Supreme Court has long guaranteed that all
children have a right to a free public education,
regardless of immigration status (Plyler v. Doe, 457 U.S. 202 (1982)).1 The incoming federal administration has
repeatedly vowed to carry out “the largest deportation
program in American history,” consequently threatening
this right and California’s educational promise to its
students.
In the face of unprecendented deportation threats,
schools and communities must provide students and their families guaranteed access to school campuses without
fear of deportation, harassment, or intimidation by
Immigration and Customs Enforcement (ICE) officers.
Currently, LEAs can provide some meaningful protections for their students against immigration enforcement if
they have implemented the Attorney General’s relevant
model policies and provide staff with appropriate training and counsel. Schools are also currently considered
“protected areas,” per ICE’s own policies, and federal
immigration officers must, to the extent possible, refrain from conducting enforcement actions in or near a
protected area.2
However, the published “protected area” policy may be
modified at any time. Further, LEA governing board
policies may be insufficient for immigrant students and families to feel safe to attend school.3 The threat of wide- scale deportations of undocumented persons is expected
to have a significant chilling effect on education for
undocumented children and children of undocumented
parents, resulting in decreased school attendance and
attendance-based school funding intended to support all pupils.
1 Access to Education - Rule of Law | United States Courts 2https://www.dhs.gov/sites/default/files/publications/ 21_1027_opa_guidelines- enforcement-actions-in-near-protected-areas.pdf.
3 10029.2 Enforcement Actions at or Focused on Sensitive Locations.pdf
SB 48 · (Lena Gonzalez) Fact Sheet · 12/16/24
If immigration raids take place on campuses or on the
streets and neighborhoods surrounding schools, parents
will be less likely to send their students to schools,
creating learning loss for students, and decreased funding for our already overburdened schools.
SOLUTION
SB 48 would strengthen California’s ability to provide a safe and supportive learning environment for students,
regardless of their immigration status. Specifically, the bill would prevent an LEA and its staff from granting an ICE officer permission to access a school campus without a
judicial warrant. Additionally, SB 48 would prevent LEA personnel from disclosing the education records or any
information about a pupil, pupil’s family and household, school employee, or teacher to an ICE officer without a judicial warrant.
Lastly, SB 48 bill would establish a one-mile radius around a schoolsite where California law enforcement agencies
will be prohibited from collaborating with, or providing any information about a pupil, pupil’s family and
household, school employee, or teacher, to immigration
authorities regarding any immigration enforcement
actions.
SPONSOR
State Superintendent of Public Instruction Tony Thurmond
CONTACT
Therresa Austin, (916) 651-4033
Policy Analyst
Office of Senator Lena Gonzalez
[email protected]