Know Your Educational Rights
From the California Department of Justice, Office of the Attorney General
Immigration Enforcement Actions at California’s TK-12 Schools
Guide for Students and Families
December, 2025
Your Child Has the Right to a Free Public Education
All children have a right to equal access to free public education, regardless of their or their parents’/guardians’ immigration status.
All children in California:
- Have the right to a free public education.
- Must be enrolled in school if they are between 6 and 18 years old, unless otherwise exempt.
- Have the right to attend safe, secure, and peaceful schools.
- Have a right to be in a public school learning environment free from discrimination, harassment, bullying, violence, and intimidation.
- Have equal opportunity to participate in any program or activity offered by the school without discrimination.
Information Required for School Enrollment
Schools must accept a variety of documents from the student’s parent or guardian to demonstrate proof of child’s age or residency and schools are not required to keep a copy of the document used as proof of a child’s age.
Information about citizenship/immigration status is never needed for school enrollment. A Social Security number is never needed for school enrollment.
Confidentiality of Personal Information
Federal and state laws protect student education records and personal information. These laws generally require that schools get written consent from parents or guardians before releasing student information, unless the release of information is for educational purposes, is already public, or is in response to a court order or subpoena.
Some schools collect and provide publicly basic student “directory information.” If so, the school district must provide parents/ guardians with written notice of the directory information policy, and provide the option to refuse release of your child’s information.
Family Safety Plans if You are Detained or Deported
You can update your child’s emergency contact information, including secondary contacts, to identify a trusted adult guardian who can care for your child if you are detained or deported.
You can complete a Caregiver’s Authorization Affidavit or consult with legal counsel regarding options like a Petition for Appointment of Guardian to give a trusted adult the authority to make educational and medical decisions for your child.
Right to File a Complaint
Your child has the right to report a hate crime or file a complaint to the school district if they are discriminated against, harassed, intimidated or bullied because of their actual or perceived nationality, ethnicity, or immigration status.
For more information on resources for responding to immigration enforcement activities at California schools, or to file a complaint, please contact: Bureau of Children’s Justice
- California Attorney General’s Office
- P.O. Box 944255
- Sacramento, CA 94244-2550
- Phone: (800) 952-5225
- E-mail: BCJ@doj.ca.gov
Checklist for Immigrant Students Attending Public Schools and Their Families
- 1. Information You Do Not Have to Share with School Officials
- 2. Take steps to protect student information
- 3. Take steps to prepare for situations where one or more parents or guardians are detained or deported
1. Information You Do Not Have to Share with School Officials
2. Take steps to protect student information
3. Take steps to prepare for situations where one or more parents or guardians are detained or deported
Resources
The following resources are available to immigrant families responding to detentions or deportations:
- The Immigration and Customs Enforcement (ICE) detainee locator: https://locator.ice.gov/odls/homePage.do. Please Note: This site is intended only for locating individuals who are already detained, and not for general immigration status inquiries.
- Immigration lawyers in private practice, accredited representatives (who assist immigrants in immigration proceedings), or legal-aid organizations:
- State Bar of California Attorney Search
- California organizations accredited by Board of Immigration Appeals (BIA) to represent immigrants before the Department of Homeland Security (DHS) and Executive Office of Immigration Review (EOIR): Recognized Org and Accredited Rep Roster by State and City
- California Courts Self-Help Centers: Find Your Self-Help Center | California Courts | Self Help Guide
- Legal-aid offices and lawyer-referral services
- The consulate or embassy of the parent’s or guardian’s country of origin
