3.6.6 Notification: Commitment to Education of All Immigrant Children and Opposition to ICE Raids

(Summary of SFUSD Board Resolution No. 74-24A2)

On April 24, 2007, the Board of Education adopted SFUSD Board Resolution No. 74-24A2, Commitment to Education of All Immigrant Children and Opposition to Recent ICE Raids.  In the Resolution, the Board of Education stated its commitment to provide a public education, regardless of a child’s immigration status, and set forth the following procedures to be followed by District staff.  Absent any applicable federal, state, local law or regulation or local ordinance or court decision, the District shall abide by the following conduct:

1. District personnel shall not treat students disparately for residency determination purposes on the basis of their undocumented status;
2. District personnel shall not inquire about a student’s immigration status, including requiring documentation of a student’s legal status, such as asking for a green card or citizenship papers, at initial registration or at any other time;
3. District personnel shall not make unreasonable inquiries from a student or their parents [caregiver/s] for the purpose of exposing the immigration status of the child or their family;
4. District personnel shall not require students to apply for Social Security numbers nor should the District require students to supply a social security number;
5. If parent [caregiver/s] and or students have questions about their immigration status, school personnel shall not refer them to the Immigration and Customs Enforcement Office (ICE);
6. It is the general policy of the District not to allow any individual or organization to enter a school site if the educational setting would be disrupted by that visit.  The School Board has found that the presence of ICE is likely to lead to a disruption of the educational setting.  Therefore, any request by ICE to visit a school site should be forwarded to the Superintendent’s Office for review before a decision is made to allow access to the site.
7. All requests for documents by ICE should be forwarded to the Legal Office which in consultation with the Superintendent shall determine if the documents can be released to ICE.

All parents [caregiver/s] must receive copies of this new District policy to fully inform families of their rights.  Translated copies must be provided to parents as well.  All school sites must have copies of the Resolution and all school sites are required to comply with the general guidelines and principles in the Resolution.  Finally, the SFUSD Bilingual Community Council, ELAC – English Learners Advisory Council, BAIRC, Immigrant Legal Education Network, SF Immigrants Rights Commission, the Mayor’s Office, and other immigrant community organizations will be consulted and will be involved in monitoring the successful implementation of this policy.