SALINAS CITY ELEMENTARY SCHOOL DISTRICT
RESOLUTION 2024-25/14

RESOLUTION TO REAFFIRM SUPPORT FOR EQUAL ACCESS TO EDUCATION FOR ALL CHILDREN AND FAMILIES REGARDLESS OF IMMIGRATION STATUS

WHEREAS, at a meeting held on January 9, 2017, the Salinas City Elementary School District unanimously approved Resolution 2016/17-13 recognizing Salinas City Elementary School District as a Safe Haven School District; and

WHEREAS, the U.S. Supreme Court held, in Plyler v. Doe, 457 U.S. 202 (1982), that local school districts have a constitutional mandate to educate all students residing within their jurisdictional boundaries, regardless of their immigration status; and

WHEREAS, California law affords all persons in public schools equal rights and opportunities at educational institutions, regardless of their nationality, immigration status, race or ethnicity, religion, ancestry, disability, age, gender, sexual orientation, gender identity, transgender status, marital status, pregnancy status, or veteran status (Ed Code 200); and

WHEREAS, California law prohibits schools that receive state financial assistance from discriminating on the basis of immigration status in any program or activity, including, but not limited to, free and reduced breakfast and lunch, transportation, extracurricular activities, athletics, awards, institutional scholarships, and educational instruction (Ed Code 220); and

WHEREAS, the Family Educational Rights and Privacy Act (FERP A) and Administrative Regulation 5145.13 prohibit disclosure of personally identifiable student information to immigration enforcement authorities without the consent of a parent or guardian, a court order, or judicial subpoena; and

WHEREAS, California law and Board Policy 5145.13 prohibit schools from collecting 01 maintaining documents that may be related to immigration status including, but not limited to, passports, visas, and social security numbers, as they are not needed by school districts and place student privacy at an unnecessary risk (Ed Code 234.7); and

WHEREAS, California law and Board Policies 5131.2, 5145.9, and 5137, guarantee all students the right to attend school free of bullying, fear, intimidation, and discrimination (Ed Code 234.1); and

WHEREAS, the Salinas City Elementary School District (SCESD) recognizes that, in order for students to have the capacity for learning and academic achievement, students and families must feel safe attending, sharing information, participating in activities, and traveling tc and from school; and

WHEREAS, the SCESD is committed to providing a safe, secure, and positive climate for learning in which all students and their families feel welcome; now

THEREFORE, BE IT RESOLVED, that the SCESD reaffirms its commitment to protect equal access to education for all students, regardless of immigration status, and to promote inclusiveness, kindness, and respect for all students, families, and staff; and

BE IT FURTHER RESOLVED, that all Salinas City Elementary School District schools and programs are considered a safe haven for students and their families to the fullest extent allowed by law and in accordance with Board Policies and Administrative Regulations; and

BE IT FURTHER RESOLVED, that SCESD schools and programs provide multi­language resources for its students, staff, and their families in partnership with cities and the county on legal assistance, immigrant rights, educational resources, mental and physical healthcare, and public safety; and

BE IT FURTHER RESOLVED, that the SCESD will facilitate work with labor partners, community-based organizations, and immigration advocates to provide training and support for students, staff and their families on immigrant rights, understanding various legal statuses, and the overall health and well-being of those affected by changes in immigration policies; and

BE IT FURTHER RESOLVED, that the SCESD will strongly oppose any effort to create federal laws, policies, or practices that require school districts to cooperate with immigration enforcement actions and invalidate constitutional protections. We reaffirm the authority of the Superintendent to protect the data and identities of students, their families, and personnel to the fullest extent provided by the law and in accordance with Board Policies and Administrative Regulations; and

BE IT FURTHER RESOLVED, that the SCESD will not provide assistance to the U.S. Immigration and Customs Enforcement (ICE) in the enforcement of federal civil immigration law and mandates. Therefore, ICE will not be permitted access to SCESD programs or personnel except in the rare instances in which SCESD is provided with a criminal warrant; and

BE IT FURTHER RESOLVED, that the SCESD personnel are encouraged to support students and families who express concern about immigration enforcement actions at school, including students who may not be attending school because of such concerns.