BILL NUMBER: AB 132 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2009
AMENDED IN ASSEMBLY MARCH 23, 2009
INTRODUCED BY Assembly Member Mendoza
(Principal coauthor: Assembly Member Huffman)
JANUARY 20, 2009
An act to add Article 6 (commencing with Section 32297) to Chapter
2.5 of Part 19 of Division 1 of Title 1 of the Education Code,
relating to pupil safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 132, as amended, Mendoza. School safety: immigration
investigations.
(1) Existing
Existing law recognizes that all pupils enrolled in the
state public schools have the inalienable right to attend classes on
school campuses that are safe, secure, and peaceful. Existing law
establishes various safety programs and procedures to address issues
relating to school safety.
This bill would state the Legislature's request that prior to
appearing at a schoolsite or entering a school for the purpose of
conducting any investigative activity relating to immigration,
immigration agents contact the school or district office and, if
applicable, arrange an appropriate time to meet with a pupil. The
bill would require school officials to request immigration agents to
adhere to certain procedures prior to, during, and after any meetings
with pupils for the purpose of conducting any investigative
activities relating to immigration. Because the bill would require
school officials to perform additional duties, it would impose a
state-mandated local program.
(2) 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 these
statutory provisions.
This bill would provide that it is the policy of the state that
immigration agents should not interfere with the education of pupils
in school. The bill would specify, however, that this policy not
impede or restrict any lawful authority of immigration agents. The
bill would, to the extent permissible under federal law, require
schools to not collect information or documents or inquire about the
immigration status of pupils or their family members. The bill would,
if an employee of a school is aware that a pupil's parent or
guardian is not available to care for the pupil encourage the school
to comply with certain procedures relating to procuring child care
for the pupil. The bill also would encourage schools to provide
counseling services for pupils affected by enforcement activities of
immigration agents, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares that
under law, children are entitled to a public education while in
California, regardless of immigration status, and that California
schools should take steps to protect the integrity of their learning
environments for all children.
SEC. 2. Article 6 (commencing with Section 32297)
is added to Chapter 2.5 of Part 19 of Division 1 of Title 1 of the
Education Code , to read:
Article 6. Immigration Investigations
32297. (a) It is the policy of the state that immigration agents
should not interfere with the education of pupils in school. However,
nothing in this subdivision shall be construed to impede or restrict
any lawful authority of immigration agents.
(b) To the extent permissible under federal law, schools shall not
collect information or documents or inquire about the immigration
status of pupils or their family members.
(c) If an employee of a school is aware that a pupil's parent or
guardian is not available to care for the pupil, the school is
encouraged to first comply with any parental instruction specific to
that situation. If there is no parental instruction, the school is
encouraged to exhaust the emergency contact information it has for
the pupil to arrange for the pupil's care and is encouraged to
contact Child Protective Services to arrange for the pupil's care
only if the school is unable to arrange for care through the use of
emergency contact information, or other information or instructions
provided by the parent or guardian.
(d) Schools are encouraged to provide appropriate counseling for
pupils who may be affected by enforcement activities of immigration
agents that occur at the pupil's home, in a pupil's community, or at
a parent's or guardian's place of employment.
SECTION 1. Article 6 (commencing with Section
32297) is added to Chapter 2.5 of Part 19 of Division 1 of Title 1 of
the Education Code, to read:
Article 6. Immigration Investigations
32297. The Legislature finds and declares that pupils are
entitled to public education while in the United States of America,
regardless of immigration status. The Legislature further finds and
declares that immigration agents should not be impeded in their work
to maintain public safety. Immigration agents are requested, however,
to follow the procedures described in this section while conducting
investigative activities at schools relating to immigration.
(a) Prior to appearing at a schoolsite or entering a school,
immigration agents are requested to contact the school or district
office and, if applicable, to arrange an appropriate time to meet
with a pupil.
(b) When immigration agents enter a school, school officials shall
request the agents to first meet with the principal to discuss the
nature of the visit.
(c) School officials shall request that immigration agents neither
enter a classroom while instruction is taking place, nor remove a
pupil from his or her classroom, except as necessary for public
safety.
(d) School officials shall request immigration agents, during any
meetings with a pupil, to allow the pupil's parent or guardian or
appropriate school personnel to be present.
(e) Schools are encouraged to immediately contact the regional
office of United States Immigration and Customs Enforcement to alert
the office of the arrival of any immigration agents.
(f) To the extent permissible under federal law, schools shall
maintain the name and contact information of a person responsible for
each pupil in the event that a pupil's parent or guardian is taken
into custody by immigration agents.
(g) Schools are encouraged to provide appropriate counseling
services for each pupil who may be affected by immigration
investigations at his or her school, home, or parent's or guardian's
place of employment.
(h) Nothing in this section shall be construed to restrict or
impede any lawful authority of immigration agents.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.