Legal Update Memo No. 20-2019 – Know Your Rights Notification Regarding Immigrant Pupils (K-12)

Download pdf: 20-2019 – Know Your Rights Notification Re Immigrant Pupils w attachment (SHS)

In April 2018, our office notified clients of a new law designed to enhance protections for immigrant students and students with immigrant family members served by local educational agencies (“LEAs”), which went into effect beginning in the 2018-2019 school year.[1] In addition to revising several Education Code laws to include protections for these students, the law also requires that schools provide “know your rights” information to parents/guardians related to education rights for immigrant students and students with immigrant family members. The law specifies that LEAs must:

Provide information to parents and guardians, as appropriate, regarding their children’s right to a free public education, regardless of immigration status or religious beliefs. This information shall include information relating to “know your rights” immigration enforcement established by the Attorney General and may be provided in the annual notification to parents and guardians pursuant to Section 48980 or any other cost-effective means determined by the local educational agency.[2]

Our 2019-2020 Annual Notice to Parents, Legal Update Memo No. 10-2019, incorporated the main points of the “know your rights” immigration enforcement document established by the Attorney General in 2018, in compliance with this law. However, we did not attach the entire “know your rights” document, which the law indicates must be distributed by LEAs to parents and guardians.

To rectify this, we have provided the entire “know your rights” document established by the Attorney General in both English and Spanish, attached to this Legal Update. If your LEA has not already sent out its Annual Notice to Parents, the LEA should consider including this document when you send out the Notice. If your LEA has already sent out your Annual Notice to Parents, we recommend making this document available to parents and guardians by any other cost-effective means. For example, LEAs may wish to send the document out with other back to school materials sent home with students, or attach the material to a newsletter or email that goes out to all parents and guardians.

Please contact our office with questions regarding this Legal Update or any other matter.

Legal Update written by Sarah Hirschfeld-Sussman, Schools Legal Counsel.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

© 2019 School and College Legal Services of California

All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

[1] See School and College Legal Services Legal Update Memo No. 09-2018: AB 699 – Required Policies Protecting Immigrant Students.

[2] Education Code § 234.7, subd. (d)(1) [emphasis added].