Response to Immigration Enforcement on Campus
Response to Immigration Enforcement on Campus
I. Purpose
The Governing Board of Charter School of Morgan Hill affirms its commitment to providing a
safe, welcoming, and inclusive educational environment for all students, regardless of
immigration status, citizenship, or national origin.
The Board recognizes that all children in the United States have the right to equal access to
public education, regardless of immigration status. The school shall not discriminate against any
student or family member on the basis of actual or perceived immigration status.
This policy establishes procedures to safeguard student rights and ensure compliance with
applicable federal and California law.
II. Non-Discrimination and Equal Access
The school shall:
● Provide equal access to educational programs and services regardless of immigration
status.
● Prohibit discrimination, harassment, intimidation, or bullying based on immigration
status, nationality, ethnicity, or perceived immigration status.
● Not require students or families to disclose immigration status as a condition of
enrollment or participation in school programs.
III. Confidentiality of Information
The school shall protect the confidentiality of student records in accordance with:
● Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g)
● California Education Code §§ 200, 220, 234.1
● AB 49
● California Values Act (SB 54)
Specifically, the school shall:
1. Not collect or maintain information regarding the immigration status of students or their
family members unless required by law.
2. Not share personal information about students or families for immigration enforcement
purposes unless required by a judicial warrant, court order, or subpoena.
3. Not release personally identifiable student information without written parental consent
unless legally required.
Any request for student information by immigration enforcement authorities shall be immediately
referred to the Principal/CEO or designee.
IV. Access to Campus by Immigration Enforcement
School staff shall not grant access to school grounds, students, or student records to
immigration enforcement officers unless presented with:
● A valid judicial warrant signed by a federal or state judge, or
● A valid court order or subpoena reviewed by legal counsel.
Administrative warrants (including ICE Forms I-200 or I-205) do not constitute judicial warrants
and do not authorize entry without consent.
If an immigration enforcement officer seeks access:
1. Staff shall immediately notify the Principal/CEO.
2. The Principal/CEO shall request identification and documentation of authority.
3. Legal counsel shall be consulted prior to any action.
4. Staff shall not attempt to physically interfere but shall follow established protocol.
V. Parent/Guardian Notification
If legally permissible, the school shall:
● Immediately notify a student’s parent or guardian if an immigration enforcement officer
requests access to the student.
● Notify parents/guardians before complying with a court order or subpoena for student
records, unless prohibited by law.
● Provide families with information regarding their rights and available community legal
resources when appropriate.
VI. Minimizing Educational Disruption
The school shall take reasonable steps to ensure that any immigration enforcement activity
does not disrupt instruction or interfere with student access to educational services.
The school shall continue to provide uninterrupted educational services to all students to the
greatest extent possible.
VII. Staff Training
The Principal/CEO shall ensure that:
● Front office and administrative staff receive annual training on responding to immigration
enforcement requests.
● All employees understand that any request related to immigration enforcement must be
immediately referred to administration.
● These procedures are reviewed annually as part of the Comprehensive School Safety
Plan.
VIII. Legal Authority
This policy is adopted in compliance with, and shall be interpreted consistent with:
● U.S. Supreme Court decision in Plyler v. Doe (1982)
● Family Educational Rights and Privacy Act (FERPA)
● California Education Code §§ 200, 220, 234.1
● Assembly Bill 49
● Senate Bill 54 (California Values Act)
● Applicable California Attorney General guidance