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Legislature Still Prioritizing Spending on Immigrants

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  • Legislature Still Prioritizing Spending on Immigrants

    this bill authorizes Schools to provide counseling to students over immigration matters, and prevents schools from asking documents relating to immigration status of students and their parents

    BILL NUMBER: AB 132 AMENDED
    BILL TEXT

    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, as amended, 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, to the extent permissible under
    except as required by federal law, require
    prohibit schools to not collect
    from collecting information or documents or inquire 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.
    Vote: majority. Appropriation: no. Fiscal committee: no.
    State-mandated local program: no.


    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) To the extent permissible under Except
    as required by federal law, schools 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.
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