california legislature—2025–26 regular session
ASSEMBLY BILL No. 49
Introduced by Assembly Member Muratsuchi
December 2, 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 emplo yees 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 respecti ve governing board or body of the local educational agenc y in a timely manner any requests for information or access to a schoolsite by an officer or emplo yee of a la w enforcement agenc y for the purpose of enforcing the immigration la ws in a manner that ensures the confidentiality and privacy of any potentially identifying information.
This bill w ould prohibit school officials and emplo yees 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 an y purpose without pro viding v alid identification, a written statement of purpose, and a v alid judicial w arrant, and recei ving
99 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 emplo yee of ICE meets those requirements, to limit access to f acilities 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 F acilities Act provides for the licensure and re gulation of child day care f acilities by the State Department of Social Services. Existing law defines a day care center as a child day care f acility other than a f amily day care home, and includes inf ant centers, preschools, e xtended day care f acilities, 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 allo wing 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. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 234.7 of the Education Code is amended line 2 to read:
line 3 234.7. (a) Except as required by state or federal la w or as line 4 required to administer a state or federally supported educational line 5 program, school officials and emplo yees of a local educational 99 — 2 — AB 49
line 1 agency shall not collect information or documents re garding line 2 citizenship or immigration status of pupils or their family members. line 3 do either of the following:
line 4 (1) Collect information or documents regarding citizenship or line 5 immigration status of pupils or their family members. line 6 (2) Allow an officer or employee of the United States line 7 Immigration and Customs Enfor cement to enter a sc hoolsite for line 8 any purpose without pr oviding valid identification, a written line 9 statement of purpose, and a valid judicial warrant, and receiving line 10 approval from the superintendent of the sc hool district or their line 11 designee, the superintendent of the county office of education or line 12 their designee , or the principal of the c harter sc hool or their line 13 designee, as applicable.
line 14 (b)
line 15 (b) (1) If an officer or employee of the United States line 16 Immigration and Customs Enfor cement meets the r equirements line 17 set forth in paragraph (2) of subdivision (a), the local educational line 18 agency shall limit access to facilities where pupils are not present. line 19 (2) The superintendent of a school district, the superintendent line 20 of a county office of education, and the principal of a charter line 21 school, as applicable, shall report to the respective governing board line 22 or body of the local educational agenc y in a timely manner an y line 23 requests for information or access to a schoolsite by an officer or line 24 employee of a law enforcement agency for the purpose of enforcing line 25 the immigration laws in a manner that ensures the confidentiality line 26 and privacy of any potentially identifying information. line 27 (c) If an employee of a school is aware that a pupil’s parent or line 28 guardian is not available to care for the pupil, the school shall first line 29 exhaust any parental instruction relating to the pupil’s care in the line 30 emergency contact information it has for the pupil to arrange for line 31 the pupil’s care. A school is encouraged to w ork with parents or line 32 guardians to update the emergency contact information and not to line 33 contact Child Protecti ve Services to arrange for the pupil’ s care line 34 unless the school is unable to arrange for care through the use of line 35 emergency contact information or other information or instructions line 36 provided by the parent or guardian.
line 37 (d) The governing board or body of a local educational agency line 38 shall do both of the following:
line 39 (1) Provide information to parents and guardians, as appropriate, line 40 regarding their children’s right to a free public education, regardless 99 AB 49 — 3 —
line 1 of immigration status or religious beliefs. This information shall line 2 include information relating to “kno w your rights” immigration line 3 enforcement established by the Attorney General and may be line 4 provided in the annual notification to parents and guardians line 5 pursuant to Section 48980 or an y other cost-ef fective means line 6 determined by the local educational agency.
line 7 (2) Educate pupils about the negative impact of bullying other line 8 pupils based on their actual or percei ved immigration status or line 9 their religious beliefs and customs.
line 10 (e) Nothing in this This section prohibits does not prohibit the line 11 governing board or body of a local educational agenc y from line 12 establishing stronger standards and protections. line 13 (f) (1) The Attorney General, by April 1, 2018, in consultation line 14 with the appropriate stak eholders, shall publish model policies line 15 limiting assistance with immigration enforcement at public schools, line 16 to the fullest extent possible consistent with federal and state law, line 17 and ensuring that public schools remain safe and accessible to all line 18 California residents, regardless of immigration status. The Attorney line 19 General shall, at a minimum, consider all of the follo wing issues line 20 when developing the model policies:
line 21 (A) Procedures related to requests for access to school grounds line 22 for purposes related to immigration enforcement. line 23 (B) Procedures for local educational agency employees to notify line 24 the superintendent of the school district or his or her their designee, line 25 the superintendent of the county office of education or his or her line 26 their designee, or the principal of the charter school or his or her line 27 their designee, as applicable, if an indi vidual requests or g ains line 28 access to school grounds for purposes related to immigration line 29 enforcement.
line 30 (C) Procedures for responding to requests for personal line 31 information about pupils or their family members for purposes of line 32 immigration enforcement.
line 33 (2) Notwithstanding the rulemaking pro visions of the line 34 Administrative Procedure Act (Chapter 3.5 (commencing with line 35 Section 11340) of Part 1 of Division 3 of Title 2 of the Government line 36 Code), the Department of Justice may implement, interpret, or line 37 make specific this section without taking any regulatory action. line 38 (g) All local educational agencies shall adopt the model policies line 39 developed pursuant to subdi vision (f), or equi valent policies, by line 40 July 1, 2018.
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line 1 (h) For purposes of this section, “local educational agenc y” line 2 means a school district, county office of education, or charter line 3 school.
line 4 SEC. 2. Section 1596.7997 is added to the Health and Safety line 5 Code, immediately following Section 1596.7996, to read:
line 6 1596.7997. (a) Except as required by state or federal la w or line 7 as required to administer a state or federally supported child care line 8 program, employees of a day care center shall not allow an officer line 9 or emplo yee of the United States Immigration and Customs line 10 Enforcement to enter the site of the day care center for any purpose line 11 without pro viding v alid identification, a written statement of line 12 purpose, and a valid judicial warrant, and receiving approval from line 13 the director of the day care center or their designee. line 14 (b) If an officer or employee of the United States Immigration line 15 and Customs Enforcement meets the requirements set forth in line 16 subdivision (a), the day care center shall limit access to f acilities line 17 where children are not present.
line 18 SEC. 3. If the Commission on State Mandates determines that line 19 this act contains costs mandated by the state, reimb ursement to line 20 local agencies and school districts for those costs shall be made line 21 pursuant to Part 7 (commencing with Section 17500) of Division line 22 4 of Title 2 of the Government Code.
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