AB 49

Bill Subjects

Schoolsites And Day Care Centers Entry Requirements Immigration Enforcement

Abstract

(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.