California’s Commitment to Educate All Students, Regardless of Immigration Status
Published: November 23, 2016
Affirmed by the U.S. Supreme Court in Plyler vs. Doe, all students have a constitutional right to equal access to education regardless of their or their parents’ immigration status. This right – absent constitutional amendment – cannot be revoked by the President, Congress, or any state legislature.
Board members, too, play a crucial role by setting the tone for their districts and schools and establishing inclusive policies to provide safe and welcoming environments for all students and their families.
In keeping with California’s commitment to educate all students, CSBA recommends that board members take the following steps:
Reassure students and families that schools will remain safe spaces. Families that fear immigration enforcement actions or raids may keep their children home from school. Therefore, it is important to communicate that schools have policies in place to protect them. Public schools cannot ask for a student’s immigration status or deny enrollment due to lack of documentation, such as social security numbers or birth certificates.
For more information about protections from immigration enforcement actions around schools, including during school events and around bus stops, please refer to the fact sheet developed by the Immigrant Legal Resource Center. In addition, all county offices and districts should have policies in place to prevent discrimination or harassment of students and families. See CSBA’s Sample Board Policy on Bullying BP 5131.2(a) and its companion documents, CSBA Sample Board Policy Nondiscrimination/Harassment 5145.3 and CSBA Sample Board Policy on Student Disturbances BP 5131.4(a).
Stay informed and position county offices, districts, and schools as a resource. Board members should ensure that their county or district offices and schools have access to current and accurate information that can help answer questions or guide community members in need of assistance. It may be helpful for administrators to identify experts within their staff or community organizations that can answer questions accurately. Preparing documents in multiple languages, such as FAQ’s and a resource list, can also be helpful. Some of these resources are listed below.
Resources for Board Members, Community Members, and Families