Bill Text: CA AB132 | 2009-2010 | Regular Session | Enrolled
Bill Title: School safety: immigration investigations.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB132 Detail]
Download: California-2009-AB132-Enrolled.html
BILL NUMBER: AB 132 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 3, 2009
PASSED THE ASSEMBLY SEPTEMBER 9, 2009
AMENDED IN SENATE JULY 14, 2009
AMENDED IN SENATE MAY 28, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
AMENDED IN ASSEMBLY MARCH 23, 2009
INTRODUCED BY Assembly Member Mendoza
(Principal coauthor: Assembly Member Huffman)
(Coauthors: Assembly Members Ammiano, De Leon, Fuentes, Hernandez,
Price, and Saldana)
(Coauthors: Senators Romero and Yee)
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, Mendoza. School safety: immigration investigations.
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 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, except as required by federal or state law, prohibit
school officials and employees from collecting information or
documents and from inquiring 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.
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) Except as required by federal or state law, school officials
and employees 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.
