Key takeaways
- The California Legislature amended Education Code section 234.7 (EC 234.7) to strengthen protections for students, their families and staff.
- The California Attorney General (AG) revised its model policy language in light of the changes to EC 234.7.
- School districts and county offices of education (COEs) must revise their policies to align with EC 234.7, as well as the AG’s revised model policies language and upload them to a California Department of Education (CDE) online portal by March 1, 2026.
- On Jan. 20, CSBA published sample policies to help districts and COEs comply with this deadline. CSBA expects to publish sample policies for county offices of education on Jan. 26.
Background
In 2018, the California Legislature added EC 234.7 to safeguard students and school communities from potential increased federal immigration enforcement actions. That law prohibits districts and COEs from (i) soliciting or collecting information or documents regarding the citizenship or immigration status of a student or the student’s family members, and (ii) seeking or requiring information or documents, to the exclusion of other permissible information or documents, regarding the citizenship or immigration status of a student or the student’s family members. Additionally, it required districts and COEs to adopt policies using model policy language developed by the AG or use equivalent language.
In early 2025, the U.S. Department of Homeland Security rescinded its longstanding policy limiting immigration enforcement in schools and other “sensitive locations.” As a result, the California Legislature amended EC 234.7 to further safeguard students and school communities by imposing new restrictions, prohibitions and obligations on districts and COEs in response to immigration enforcement activities.
The amendments to EC 234.7 directed the AG to revise its model policy language from 2018. The AG did so in December 2025, and the revised model policy language can be found in “Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California’s K-12 Schools in Responding to Requests for Access and Information for Immigration Enforcement Purposes.”
EC 234.7, as amended, requires districts and COEs to revise their policies in accordance with EC 234.7 and the revised model policy language (or equivalent language) by March 1, 2026. Notably, EC 234.7 also imposes a new compliance process obligating districts and COEs to provide their revised policies to CDE upon request. CDE has directed all districts and COEs to upload their revised policies to an online portal on CDE’s website no later than March 1. Districts and COEs should be aware that the list of who uploaded policies by the deadline is likely to be made public, either by CDE or by media or advocacy organizations.
Changes in law
The major changes in law to EC 234.7 and the revised model policy language fall into three categories, with the changes to each category summarized below.
Information and documents
Previously, EC 234.7 generally prohibited district and COE staff from soliciting or collecting information or documents regarding citizenship or immigration status of students or their family members. Under the amended version of EC 234.7 and the revised model policy language, district and COE staff — to the extent practicable — are also prohibited from disclosing or providing in writing, verbally, or in any other manner to an immigration officer or employee: (i) the education records of or any information about a student, a student’s family and household, a student’s home, or a student’s travel schedule without parent/guardian written consent, or (ii) the personnel records of any district employee or any other confidential employee information. The exceptions to this prohibition include when the district or COE is required to provide the information or documents by state or federal law, in order to administer a state or federally supported educational program, or based on a valid judicial subpoena, judicial warrant or court order.
Access to students and sites
Previously, EC 234.7 did not impose any restrictions in this area. As a result, districts and COEs were free to adopt policies governing whether and when staff could give permission to an immigration officer or employee to interview or otherwise interact with a student on campus. Similarly, districts and COEs were free (at least under the Education Code) to adopt policies governing whether and when staff could give permission to an immigration officer or employee to enter a school campus. Under the amended version of EC 234.7 and the revised model policy language, districts and COEs no longer have such flexibility. More specifically, district and COE staff are prohibited from granting an immigration officer or employee (i) access to a student or (ii) permission to enter any school-provided transportation (e.g., school bus), any nonpublic area of school property, or any nonpublic area in which a school-sponsored activity is occurring. The exceptions to this prohibition include when the district or COE is required to provide access or permission to enter by state or federal law, in order to administer a state or federally supported educational program, or based on a valid judicial subpoena, judicial warrant or court order.
Informing the public
Previously, EC 234.7 required districts and COEs to provide information to families regarding the right to a free public education regardless of immigration status and the “Know Your Educational Rights” handout produced by the AG. Under the amended version of EC 234.7 and the revised model policy language, districts and COEs are also required to post, in all languages provided by the AG, the AG’s updated “Know Your Educational Rights” document in all district or COE administrative buildings, and on the websites for the district or COE and each school. Additionally, districts and COEs are required to share other information regarding family safety, the caregiver’s authorization affidavits, and the importance of providing and updating emergency contact information.
CSBA’s sample policies
In light of the changes to EC 234.7, the release of the revised model policy language, and the requirement for districts and COEs to revise and upload their policies by March 1, CSBA published sample policies for districts on Jan. 20 and expects to publish sample policies for COEs on Jan. 26. These sample policies are available to all subscribers to GAMUT Policy.
Previously, the primary relevant sample policy was Board Policy/Administrative Regulation (BP/AR) 5145.13 – Response to Immigration Enforcement. However, sample BP/AR 5145.13 focused exclusively on students; in contrast, the amended version of EC 234.7 and the revised model policy language apply to staff as well. Therefore, CSBA created new sample BP/AR 1445 – Response to Immigration Enforcement (and deleted sample BP/AR 5145.13). Sample BP/AR 1445 incorporates the changes described in the three categories above based on the amended version of EC 234.7 and the revised model policy language.
In addition to those changes, sample BP/AR 1445 includes other new content. For instance, the amended version of EC 234.7 and the revised model policy language do not address granting permission to enter district or COE property or facilities that are not schools, such as administrative offices, or district- or COE-sponsored activities that are not school-sponsored activities, such as district- or COE -wide professional development. However, Government Code 7285.1 already prohibits district and COE staff from providing voluntary consent to an immigration enforcement agent to enter any nonpublic area of a place of labor. Therefore, in order to avoid confusion based on different rules for different types of facilities or activities, sample BP/AR 1445 is written to prohibit staff from granting permission to an immigration officer or employee to enter any district- or COE -provided transportation, any nonpublic area of district or COE property or facilities, and any nonpublic area in which a district- or COE -sponsored activity is occurring.
Sample BP/AR 1445 also includes a reminder that staff may not obstruct, interfere with, or otherwise impede an immigration officer or employee who (despite not being authorized or granted permission to do so) nonetheless enters district- or COE -provided transportation, any nonpublic area of district or COE property or facilities, or any nonpublic area in which a district- or COE -sponsored activity is occurring.
In addition to sample BP/AR 1445, CSBA has also revised and released sample BP/AR 1340 – Access to District Records, sample BP/AR 5125 – Student Records, and sample BP/AR 5125.1 – Release of Directory Information for school districts. (Due to other changes in law, the release also included sample BP/AR 0450 – Comprehensive Safety Plan.) Separately, CSBA will be creating and releasing sample County BP 1340 – Access to County Office Records, sample County BP 5125 – Student Records, and sample County BP/AR 5125.1 – Release of Directory Information for COEs. Subscribers to GAMUT Policy or GAMUT Policy Plus have access to these sample policies.
It is recommended that each district and COE consider updating and uploading all of these policies by March 1. However, each district and COE will need to determine on its own the collection of policies that contain the revised model policy language or its equivalent. In doing so, it is recommended that districts and COEs consult CSBA’s District and County Office of Education Legal Services or other legal counsel to determine which policies should be revised and uploaded to comply with the March 1 deadline.
Reminder: How to use sample policies
CSBA’s policies are written as samples rather than models. That is, they are designed to serve as starting points for policy development for districts and COEs, which are expected to review and, within the confines of the law, customize the samples to meet local needs and context. Moreover, once CSBA revises a sample policy, it may become out of date as laws and regulations change and new court opinions are published. While CSBA’s sample policies do go through a legal review process, they are not intended to be and do not constitute legal advice. It is recommended that districts and COEs consult CSBA’s District and County Office of Education Legal Services or other legal counsel as part of policy development.
