Resources: Know Your Rights

The San Joaquin County Office of Education (SJCOE) is committed to providing an inclusive and safe environment for our staff, our students, and all who we serve. Our schools are places where all students are welcome to learn, grow, and develop the knowledge and skills necessary to succeed in life.

The recent unease surrounding immigration enforcement measures does not change the SJCOE’s commitment to supporting our staff, students, and families. This includes all students who are immigrants or from immigrant families.

The SJCOE’s commitment to serving our students and community are embedded in policies and procedures, which are aligned with state law, including:

State and federal laws prohibit discrimination in education programs and activities. Under state law, all pupils have the right to attend class in a safe, secure, and peaceful environment – regardless of disability, gender, gender identity, immigration status, race, ethnicity, sexual orientation, or other characteristics. (AB 699) (Education Code § 234.1)
In following California law – the SJCOE does not collect information regarding the immigration status of students or their families. (Fact Sheet)

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The SJCOE has compiled the following resources to support schools and families seeking information to prepare for impacts stemming from changes to immigration enforcement.

Please note that these are meant to serve as informational resources and do not constitute legal advice. For specific legal guidance regarding immigration matters, please consult with your respective district legal counsel professionals or immigration attorneys.

General Resources

All children in the United States have a Constitutional right to equal access to free public education, regardless of immigration status and regardless of the immigration status of the students’ parents or guardians. Below are pertinent staff, district, and family resources.

The SJCOE is monitoring the ensuing legal challenges and additional federal and state proposed legislation that can impact the San Joaquin County community.

California Attorney General Bonta’s Guidance for K-12 Schools

Promoting a Safe and Secure Learning Environment for All.

Know Your Rights

Important information about your Constitutional rights.

California Immigration Resources

Important immigration resources, including access to legal assistance.

Student and Family Resources

All individuals in the United States have certain protections under the U. S. Constitution. This includes all children, who have a Constitutional right to equal access to free public education, regardless of immigration status and regardless of the immigration status of the students’ parents or guardians.

Know Your Rights (print card)
Red Cards
We Have Rights (multi-language video library)
National Immigration Legal Services Directory

District Resources

Ensuring staff are prepared to respond to protect students rights and the learning environment for all students is crucial. Districts and individual school sites need clear protocols to handle potential visits from immigration authorities.

Our School: Resources for Including Immigrant Families (Toolkit with posters and other resources from California Department of Education)
Quick Reference for School Officials (source: CA DOJ)

Warrants

If immigration agents present an arrest warrant, it is imperative to understand the types of warrants below.

ICE Administrative “Warrant”

Does not grant access to non-public areas or school records.
School staff should not interfere with officers but are not required to assist or consent to searches.

Federal Court Warrant

Issued by a judge based on probable cause.
School officials should follow guidelines established by the agency’s legal Counsel.

If school administrators or counsel for school districts have questions, concerns, or information about immigration enforcement at a school site, email California Attorney General Bonta's office at immigration@doj.ca.gov

Responding to Requests from Immigration Officers (source: San Diego County Office of Education)

Legislative Update

Recently signed legislation by Governor Newsom:

AB 49 – Strengthening Protections for Students and Families
AB 49 reinforces California’s commitment to keeping schools safe and welcoming for all students, regardless of immigration status. The bill prohibits immigration enforcement officers from entering nonpublic areas of school campuses without a valid court order and strengthens privacy protections for student and family information.
Next Steps: The Attorney General will release updated model policies by December 1, 2025, which local educational agencies must adopt by March 1, 2026. Local educational agencies are awaiting this updated guidance to ensure their policies remain compliant.
AB 495 – The Family Preparedness Plan Act of 2025
AB 495 expands protections and support for families by allowing a broader range of relatives to complete caregiver authorization forms so children can stay enrolled in school and receive needed care if a parent becomes temporarily unavailable. The bill also updates school and early learning policies to limit the collection of immigration status information and strengthen privacy protections for children and families.
Next Steps: Schools, preschools, and licensed childcare programs are awaiting updated model policies and guidance from the Attorney General’s Office to help align local policies with the new state requirements.
SB 98 – School and College Notification Procedures for Immigration Enforcement
SB 98 strengthens school and campus safety plans by ensuring that families and staff are promptly informed if immigration enforcement is confirmed on school grounds or college campuses. The new procedures must be included in safety plans by March 1, 2026, or when plans are next updated.
Next Steps: Local educational agencies will be receiving additional guidance in the coming months to support updates to their safety plans and notification procedures.

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