L.A. UNIFIED IMMIGRATION RESOLUTION OF MAY 9, 2017
Ms. García, Dr. Rodriguez - Reaffirmation of Los Angeles Unified School District
Schools as Safe Zones for Families Threatened by Immigration Enforcement (Res093-16/17) (Waiver of Board Rule 72)
Whereas, June marks Immigrant Heritage Month in the United States, a celebration
of our shared heritage as a nation of immigrants and a time to reflect on how
immigrants boost our economy;
Whereas, Immigrants make up around 13 percent of the U.S. population, and play
an outsize role in entrepreneurship and business formation relative to their overall
numbers according to annual startup index data recently released by the Kauffman
Foundation;
Whereas, For the Los Angeles Unified School District to get to 100% graduation, all
students need to feel safe while learning and achieving;
Whereas, The United States Supreme Court held in Plyler v. Doe (1982) that no
public school district has a basis to deny children access to education based on their
immigration status, citing the harm it would inflict on the child and society itself,
and the equal protection rights under the Fourteenth Amendment;
Whereas, The California Constitution, Article 1, Section 28(f)(1) provides, “All
students and staff of public primary, elementary, junior high, and senior high
schools, and community colleges, colleges, and universities have the inalienable
right to attend campuses which are safe, secure and peaceful”;
Whereas, The California Education Code, Section 200 provides, “It is the policy of
the State of California to afford all persons in public schools, regardless of their
disability, gender, gender identity, gender expression, nationality, race or ethnicity,
religion, sexual orientation, or any other characteristic that is contained in the
definition of hate crimes set forth in Section 422.55 of the Penal Code, equal rights
and opportunities in the educational institutions of the state”, and per California
Education Code Section 212, “nationality” includes citizenship, country of origin,
and national origin;
Whereas, The California Education Code, Section 201 provides, “(a) All pupils have
the right to participate fully in the educational process, free from discrimination and
harassment; (b) California’s public schools have an affirmative obligation to combat
racism, sexism, and other forms of bias, and a responsibility to provide equal
educational opportunity”;
Whereas, Migration to this country is often propelled by social, economic, and
political factors and native country conditions, which result partly from U.S.
government and corporate policies and interests, and thus immigrants and their
families are entitled to compassionate and humane treatment in this country;

 Whereas, Ensuring that our schools are safe and inviting for all students and their
families will facilitate the physical safety and emotional well-being of all children in
the District, and is paramount to students’ ability to achieve;
Whereas, This safe and inviting environment would be disrupted by the presence of
immigration agents who come onto District property for the purpose of removing
students or their family members, or obtaining information about students and their
families;
Whereas, Immigration and Customs Enforcement (ICE) activities in and around
schools, early education centers, and adult school facilities would severely disrupt
the learning environment and educational setting for students;
Whereas, Immigration enforcement activities around schools create hardships and
barriers to health and educational attainment, and a pervasive climate of fear,
conflict and stress that affects all students in our District, regardless of their
background or status, such that children who have a status but whose family
members, friends, or schoolmates do not, and students who are themselves
undocumented, are all affected and at risk;
Whereas, Threats of legal action, and particularly of separation and deportation,
against students and their families create severe emotional, psychological, and
physical barriers to learning and education that can and should be allayed or
reduced through support systems, including legal representation, provided by the
District;
Whereas, Students’ ability to achieve is undermined by the removal of their family
members during ICE raids and arrests that leave students without adults to
supervise or care for them, and the District should have in place policies and
procedures to protect and care for such students until a guardian or other
designated adult is contacted, and all teachers, administrators and staff should be
trained on such procedures;
Whereas, Immigration arrests, detentions, and deportations affects families every
day, and indications that deportations will increase dramatically has created a
climate of heightened fear and anxiety for many students and their families;
Whereas, The record number of deportations in recent years has tragically broken
apart loving families, devastated communities, and caused widespread fear among
immigrants and their family members;
Whereas, Involving campus police in enforcing federal civil immigration law will
create the perception that they are immigration agents and decrease students’
likelihood of cooperating with campus police based on fears that this would lead to
their deportation or the deportation of familymembers;
Whereas, Some cities, counties, school districts, and higher education institutions
have adopted policies that limit entanglement with ICE and resist any government
action that may lead to the discovery of a person’s immigration status;

 Whereas, ICE’s longstanding policy states that it will not conduct immigration
enforcement activity at any sensitive location, which includes schools, without
special permission by specific federal law enforcement officials, unless exigent
circumstances exist;
Whereas, No written state or federal law mandates that local school districts assist
ICE in the enforcement of immigration laws;
Whereas, The District has been a leader in championing the rights of all students to
receive a public education regardless of immigration status and has passed various
resolutions including the February 2016 resolution LAUSD Campuses as Safe Zones
and Resource Centers, which declared that every District site will be a place of
support and resources for all students and families; and
Whereas, The District has established policies and guidelines for site administrators
and District staff on process and procedures to follow if federal immigration officials
request access to a school site or District facility, student, or student records; now,
therefore, be it
Resolved, That the Governing Board of the Los Angeles Unified School District
hereby reaffirms that every District site is a safe place for its students and their
families as well as staff to seek help, assistance, and information if faced with fear
and anxiety about immigration enforcement efforts;
Resolved further, That the Superintendent shall require that all K-12 schools, early
education centers, adult schools, and parent centers be established as resource and
information sites for District students and their families, as well as staff;
Resolved further, That the Board encourages the Superintendent to continue
increasing and enhancing partnerships with community-based organizations and
legal services organizations who provide resources for families facing deportation;
Resolved further, That the Board directs the Superintendent to partner with legal
services organizations to create in languages representative of our demographics,
“Know Your Rights” presentations for students and family members, as well as staff,
to cover their rights regarding interactions with law enforcement and immigration
agents;
Resolved further, That the Board directs the Superintendent to create a rapid
response network to assist students or their family members who have been
detained;
Resolved further, In order to provide a public education, regardless of a child’s or
family member’s immigration status, absent any applicable federal, state, or local
law, regulation, ordinance, or court decision, the District shall abide by the following
conduct:
1. District personnel shall not inquire about or record a student or a family
member’s immigration status, and, pursuant to the Family Education Rights and
Privacy Act (FERPA), shall not disclose, without parental consent, the immigration

 status of any student or other personally identifiable information concerning
immigration related matters.
2. Any communication to federal agencies or officials initiated by a school or school
personnel concerning confidential information about any student or student’s family
member, including but not limited to: information about gender identity, sexual
orientation, status as a survivor of domestic violence, survivor of sexual assault,
crime witness, recipient of public assistance; actual or perceived immigration or
citizenship status; national origin; school discipline record; and all information
included in an individual’s or household’s income tax records, is prohibited, unless
permission is granted by the student or student’s parent or guardian.
3. The District shall refuse all voluntary information sharing with immigration agents
across all aspects of the District to the fullest extent possible under the law.
4. The District follow the guidelines established in Reference Guide 6767.1 which
requires that absent exigent circumstances, any request by immigration agents for
information or to access a school site shall be immediately referred to the Local
District Administrator of Operations and the Los Angeles School Police Department
and forwarded to the Superintendent and General Counsel for review and a decision
on whether to allow access to the site, and/or a decision on whether the information
will ensure District compliance with Plyler v. Doe and other applicable laws. The
request must be provided with adequate notice so that the Superintendent and
General Counsel can take steps to provide for the emotional and physical safety of
its students and staff. The determination and steps may include the following:
a. Verify the immigration agent’s credentials, ask the agent why the agent is
requesting access, and ask to see a warrant signed by a Federal or State Judge.
b. Immigration agents must provide written authority from ICE including, pursuant
to the sensitive locations memo, documentation of prior approval by officials of the
Homeland Security Investigations and Enforcement and Removal Operations
divisions of ICE instructing them to enter District property and for what purpose as
well as a warrant signed by a Federal or State Judge which specifies the name of the
person under arrest.
5. The District will not enter into agreements with state or local law enforcement
agencies, ICE, or any other federal agency for the enforcement of federal
immigration law, except as required by law.
6. District staff, faculty, employees, and campus police will not grant any ICE
detainers or requests, and will instead refer the requests or detainers to the
Superintendent and the Office of the General Counsel, who will evaluate the request
and ensure compliance with the constitutional rights of undocumented students
under Plyler v. Doe and all other applicable laws.
7. Campus security are prohibited from inquiring about or recording any information
regarding an individual’s immigration status or country of birth.
8. Campus police shall create a policy acknowledging that they have no authority to
enforce federal civil immigration law and declaring that they will not participate in
immigration enforcement efforts of federal authorities. This includes campus police
not holding people on ICE detainers, not responding to ICE notification or transfer
requests, not making arrests based on civil immigration warrants, or allowing ICE to
use campus facilities for immigration enforcement purposes.
9. District personnel shall treat all students equitably in the receipt of all school
services, including but, not limited to, the free and reduced lunch program,
transportation, and educational instruction.
10. The District will make available:

 a. Legal support to immigrant students and their families through referrals to
established and reputable legal organizations;
b. Counseling that adequately takes into account the student’s immigration
situation, including if the student is part of a mixed-status family;
c. Know Your Rights presentations to students and parents, as well as staff, into
languages representative of the student body;
d. The District will ensure that students are aware of opportunities to gain access to
college, in-state tuition, financial aid, scholarships, internships and career
opportunities, regardless of their status. To implement this support system, the
District shall establish accessible resource centers for immigrant students and their
families and make available immigrant liaisons, with expertise in immigrant and
undocumented populations.
11. The District shall explore ways of establishing a referral network with legal
organizations and local and state bar associations to represent students facing
removal proceedings, and assist family members of students who are in removal
proceedings with legal resources and information;
Resolved further, That the Superintendent shall prepare training information and
materials that will be made available to all teachers, school administrators, and
other staff on how to implement this policy and notification in languages spoken and
representative of the student body throughout the District to be distributed to
families to fully inform them of their rights in the District; and, considering the
urgency and importance of communicating and implementing this policy, the
District shall provide translation and interpretation of the policy into languages that
are primarily spoken by the student body;
Resolved further, Within the next 90 days the Superintendent shall develop a plan
for training teachers, administrators and other staff on how to respond to ICE
personnel who are requesting information about students and families and/or are
attempting to enter school property. The plan shall also include procedures for
notifying families about ICE efforts to gain information about students and families,
and how to support students whose family members have been displaced because
of ICE. This plan shall be communicated to all District families in languages that are
primarily spoken by the student body. The plan may include any strategies already
in place and measures that have been already been taken in this direction; and, be
it finally
Resolved, The Superintendent shall prepare an implementation plan defining
partnerships with community organizations and training and support for school site
employees to ensure rapid response and effective coordination and report back to
the Board in 90 days.
(Note: The school board amended the resolution to add board president Steve
Zimmer as a co-sponsor. Also added as a co-sponsor was student board member
Karen Calderon, a senior at Hamilton High, whose vote carries no legal authority.
Two notable changes to the resolution are not reflected in the original version
above.

 At the urging of board member George McKenna, the school board amended the
resolution to remove a reference suggesting that L.A. Unified would provide legal
representation to the families of unauthorized immigrants. In addition, Calderon
suggested an amendment directing that schools inform students of changes to
policy that affected them. The board accepted her suggestion.)