Frequently Asked Questions 

Are public TK-12 schools in the United States required to provide a free public education to all students, regardless of immigration status?
Yes. Undocumented students between the ages of 6-18 not only have a right to attend school in California, but also are mandated to attend school pursuant to the compulsory attendance laws. (Education Code 48200) The U.S. Supreme Court has held that no state may deny access to a basic public education to any child residing within the state, whether residing in the U.S. legally or not. (Plyer v. Doe, 457 U.S. 202 (1982).) Further, all students have a right to be in a public school learning environment free from discrimination, harassment, bullying, violence, and intimidation. (Education Code 220, 234 and federal laws, including Titles IV, VI, and IX of the Civil Rights Act of 1964.)
Does DJUSD ask for the immigration status of a student or family member for enrollment or educational purposes?
No. DJUSD does not ask for the immigration status of a student or family for enrollment or educational purposes. This includes applications for initial enrollment, reenrollment, free/reduced-price meals, academic programs, extracurricular activities, and other services.

Schools are only required to collect information to satisfy certain admission requirements, such as proof of birth date and proof of residency. (Education Code 48204.1)
Does DJUSD ever share a student’s immigration status or confidential student records information with federal immigration officials?
DJUSD does not collect a student’s immigration status and information. Therefore, DJUSD would not have this information to provide a federal immigration official. If DJUSD inadvertently becomes aware of a student’s status, that information is not retained. 

The Family Educational Rights and Privacy Act (FERPA) generally prohibits school districts from providing third parties with student education records. However, there may be exceptional circumstances under which the District could be required to provide pupil records information to federal immigration officials, including the following: 1) if there is a valid subpoena, warrant, or court order; and 2) if there are emergency circumstances, such as a confirmed danger to public safety.
Does the Davis Police Department (DPD) play a role in federal immigration investigations?
The DPD’s primary mission is to promote a safe learning environment at schools. Members of the DPD do not inquire about immigration status. Additionally, the DPD does not interact with immigration officials, unless there is an emergency concerning the immediate safety of students or employees.
Can federal immigration officials come onto DJUSD campuses?
School districts have the right to limit the amount of disruption to the learning environment and to ensure the safety of their staff and students, which may include denying an individual from accessing to ensure the safety of their staff and students, which may include denying an individual from accessing a campus during school hours. (Education Code 32212, 35160)

New California laws, AB 49 and SB 98 generally prohibit immigration officials from entering nonpublic areas or accessing student information without a valid judicial warrant or court order, and schools must notify parents if officers are present, with enforcement limited to public areas like main offices unless a warrant is presented.  Schools must protect student data and cannot share it with immigration without a valid search warrant, subpoena, or court order. 

In the unlikely event that Immigration officers decide to pursue immigration-related investigations on school campuses, school staff are to direct the agent to the District office to provide valid identification and statement of purpose; and the purpose is to serve a warrant, subpoena, or court order, the District office will determine the legality of the legal document and will respond as indicated by law.
What is DJUSD’s policy on discrimination, harassment, and bullying?
The district is committed to educational excellence, equity and access. Our policies prohibit discrimination, harassment, or bullying of our students, families, or employees. To learn more about the District’s nondiscrimination policies please visit the Student Support Services webpage
What resources are available to help students and families who are newcomers to the country and are seeking to enroll in the District?
Enrollment occurs at each school site. Information is also available on the Enrollment page on the District website. 
Are parents required to undergo fingerprinting in order to volunteer at school?
Fingerprinting of parent volunteers is only required where the volunteer is not under the direct supervision of a District staff member. The results of fingerprinting is confidential, solely for the use of DJUSD to ensure the safety of students (i.e. that the volunteer has not been convicted of a sex or drug offense with a minor). Volunteering in a student’s class does not require fingerprinting.