SB 48: Immigration enforcement: schoolsites: prohibitions on access, sharing information, and law enforcement collaboration.

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.

This bill would prohibit school districts, county offices of education, or charter schools and their personnel from granting a United States Immigration and Customs Enforcement officer, or other federal official engaging in immigration related investigation or enforcement, permission to access a school campus without a judicial warrant. The bill would require a local educational agency and its personnel, to the extent possible, to have the denial of permission for access witnessed and documented. The bill would also prohibit a local educational agency and its personnel from disclosing or providing, in writing, verbally, or in any other manner, the education records of or any information about a pupil, pupils family and household, school employee, or teacher to a United States Immigration and Customs Enforcement officer, or any other federal official engaging in immigration related investigation or enforcement, without a judicial warrant, and regarding a pupils educational records or personal information, without the written consent of the pupils parent or legal guardian. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

Existing law, the California Values Act, generally prohibits California law enforcement agencies from investigating, interrogating, detaining, detecting, or arresting persons for immigration enforcement purposes. Existing law provides certain limited exceptions to this prohibition, including transfers of persons pursuant to a judicial warrant and providing certain information to federal authorities regarding serious and violent felons in custody.

This bill would prohibit California law enforcement agencies from collaborating with, or providing any information about a pupil, pupils family and household, school employee, or teacher in writing, verbally, on in any other manner, to immigration authorities regarding proposed or currently underway immigration enforcement actions when the actions could be or are taking place within a radius of one mile of any schoolsite. To the extent this bill would impose additional duties on local law enforcement agencies or officials, the bill would impose a state-mandated local program.

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.

This bill would declare that it is to take effect immediately as an urgency statute.