Safe Havens are local educational agencies (LEAs), which include school districts, county offices of education, and direct-funded charter schools that have committed themselves to reassuring students, parents and educators that everyone is welcome on school sites, regardless of immigration status. Safe Havens also provide helpful resources, such as information about immigration laws, and ways to be prepared in case a student or family member is deported.
Frequently Asked Questions
What is the purpose behind being a Safe Haven district?
Fears, anxiety, uncertainty have been widely reported in California schools because of the current federal administration vowing to increase deportations of undocumented immigrants.
California has an estimated 300,000 students who are undocumented as well as about one million students who live with a parent or guardian who are undocumented. Superintendent Torlakson is encouraging districts to pass these resolutions to lessen fears and uncertainty surrounding immigration activities and directives issued by a new federal administration in Washington, D.C.
Districts and county offices are encouraged to make powerful and reassuring statements to their students and families and to provide accurate information about relevant laws.
It is important that parents and guardians feel safe on their school campuses so they will fully participate their school communities. Engaged parents play a key role in helping students succeed on their way to 21st century careers and college.
How many Safe Haven school districts are there in California?
As of April 2017, almost 60 school districts and county offices of education have declared themselves Safe Havens. These schools and districts serve more than 1.5 million students and include large and small districts, urban and rural districts and represent a wide variety of geographic regions—stretching from north to south, coastal to inland, and mountain to desert communities. There are likely to be more districts that have passed similar resolutions, but have not used the term Safe Haven.
What are the laws protecting schools and students with regard to student records and immigration status?
There are several legal protections in place, including:
The 1984 Supreme Court decision Plyler v. Doe which requires schools to enroll all eligible children regardless of their citizenship or immigration status.
State and federal laws prohibit educational agencies from disclosing personally identifiable student information to law enforcement, without the consent of a parent or guardian, a court order or lawful subpoena, or in the case of a health emergency.
Districts must verify a student’s age and residency, but have flexibility in what documents or supporting papers they use. They do not have to use documents pertaining to immigration status.
To determine age, for example, LEAs can rely on a statement from a local registrar, baptismal records, or an affidavit from a parent guardian or custodian.
To determine residency, an LEA can rely on property tax receipts, pay stubs, or correspondence from a government agency.
What other advice or support can the California Department of Education (CDE) provide schools and districts?
Since LEAs have wide discretion in what records they use, Superintendent Torlakson strongly recommends that they do not collect or maintain documents related to immigration status.
Superintendent Torlakson and the California Department of Education will continue to provide LEAs with information, updates, and support as indicated in the Public Schools Remain Safe Havens for California’s Students letter he sent to all school, district, and county office administrators on December 21, 2016. It is also available in Spanish below.