STUDENT AND FAMILY PRIVACY RIGHTS

BOARD POLICY - 5022

The Board of Education is committed to the success of all students and believes that every school should be a safe and welcoming place for all students and their families.  Personal information concerning district students and their families, including immigration status and citizenship, is to be kept private in accordance with law.

District and site staff will comply with state and federal law with respect to the collection of information or documents including personal information of students or their family members.

The Board prohibits district staff from administering or distributing to students survey instruments that are designed for the purpose of collecting personal information for marketing or selling that information.

Consistent with requirements of the California Office of the Attorney General, the Superintendent or designee shall develop procedures for addressing any requests by an immigration law enforcement officer for access to district records, school sites, or students.

Legal Reference:

EDUCATION CODE:

200  Educational equity

220  Prohibition of discrimination

234.1  Safe Place to Learn Act

234.7  Student protections relating to immigration and citizenship status

48204.4  Evidence of residency for school enrollment

48980  Parental notifications

48985  Notices to parents in language other than English
Education Code 49450-49457 Physical examinations
Education Code 49602 Confidentiality of pupil information
Education Code 52523 Personal beliefs

GOVERNMENT CODE

8310.3  California Religious Freedom Act

PENAL CODE

422.55 Definition of hate crime

627.1-627.6  Access to school premises, outsiders

United States Code, Title 20
1232g Family Educational Rights and Privacy Act
COURT DECISIONS

Plyler v. Doe, 457 U.S. 202 (1982)

Management Resources:

CSBA PUBLICATIONS

Legal Guidance on Providing All Children Equal Access to Education, Regardless of Immigration Status, February 2017

CALIFORNIA OFFICE OF THE ATTORNEY GENERAL PUBLICATIONS

Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California’s K-12 Schools in Responding to Immigration Issues, April 2018

WEBSITES

CSBA:  http://www.csba.org

California Office of the Attorney General:  http://oag.ca.gov

California Department of Education: http://cde.ca.gov

California Department of Fair Employment and Housing:  http://www.dfeh.ca.gov

California Department of Justice:  http://www.justice.gov

U.S. Department of Education, Office for Civil Rights:  http://www.ed.gov/about/offices/list/ocr

U.S. Immigration and Customs Enforcement:  http://ice.gov

U.S. Immigration and Customs Enforcement, Online Detainee Locator System:  http://locator.ice.gov/odls

 

 

Policy Adopted: June 3, 2003

Policy Revised: September 11, 2018

See also:

Board Policy 5125 Pupil Records
Board Policy 3140 Internet Privacy Policy

Administrative Regulation