Know Your Educational Rights
Your Child Has the Right to a Free Public Education
All children – regardless of their or their parents’ immigration status – have these rights in California public schools:
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The right to a free public education.
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Mandatory enrollment for all children ages 6 to 18, unless exempt.
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The right to attend safe, secure, and peaceful schools.
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The right to a school environment free from discrimination, harassment, bullying, violence, and intimidation.
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Equal access to all programs and activities without discrimination.
Enrollment Requirements
Schools must accept multiple forms of documentation to prove a child’s age or residency.
Schools are not required to keep a copy of the document used to verify age.
Important reminders:
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Citizenship or immigration status is never required for enrollment.
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A Social Security number is never required for enrollment.
Confidentiality of Personal Information
Student information is protected by federal and state law.
Schools generally must obtain written parent/guardian consent before releasing student information unless:
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The release is for educational purposes,
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The information is already public, or
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The request is backed by a court order or judicial subpoena.
If your district uses “directory information,” you must receive written notice and be given the option to opt out of releasing your child’s information.
Family Safety Plans if You Are Detained or Deported
Families may take the following steps to ensure a trusted adult can care for a child:
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Update your child’s emergency contact information, including additional or secondary contacts.
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Complete a Caregiver’s Authorization Affidavit or file a Petition for Appointment of Temporary Guardian of the Person to authorize a trusted adult to make educational and medical decisions if needed.
Schools will not ask about a family’s immigration status during this process.
Checklist for Immigrant Students and Families
You do not have to share the following with school officials:
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Information, documents, passports, or visas related to the immigration status of students, parents, guardians, or family members
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Social Security numbers (SSN) or Social Security cards
When completing the Free and Reduced-Price Meals application:
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Provide only the last four digits of the SSN of the adult household member who signs the form.
Family Preparedness
Unexpected situations – such as illness, emergencies, or a parent being temporarily unavailable – can create challenges for families. California law encourages schools to help families understand how to keep student records current and ensure a trusted adult can care for a child if needed. While schools do not ask about immigration status, having a simple plan in place can help keep children safe and supported.
Keep Emergency Contacts Up to Date
Please make sure your child’s school has accurate contact information for you and at least two additional trusted adults who can pick up your child in an emergency. Schools can only release students to the individuals listed on your contact form.
Identify a Trusted Adult if You Are Unavailable
Families may wish to name a trusted caregiver who can make educational and medical decisions if a parent cannot be reached. Two commonly used tools are mentioned above.
Create a Simple Family Communication Plan
Talk with your child about who they can contact in an emergency and make sure they know important phone numbers or have them written somewhere accessible. Plans should be calm, age-appropriate, and focus on helping children feel safe.
Keep Important Documents Accessible
Families may choose to keep medical information, emergency contacts, and any caregiver documents in a secure place so a trusted adult can access them if needed.
Support for Students
If your child ever feels worried or unsafe, school counselors and trusted adults on campus are here to help. Students can always reach out without fear of being asked about their or their family’s immigration status.
Right to File a Complaint
Students have the right to report a hate crime or file a complaint if they experience:
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Discrimination
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Harassment
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Intimidation
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Bullying
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Targeting based on actual or perceived nationality, ethnicity, or immigration status
To report concerns or file a complaint:
Bureau of Children’s Justice
California Attorney General’s Office
P.O. Box 944255
Sacramento, CA 94244-2550
Phone: (800) 952-5225
Email: [email protected]
Website: https://oag.ca.gov/bcj/complaint