SB 959

Bill Subjects

Abstract

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.