Attorney General Bonta Notifies Schools and Child Care Providers of New Legal Obligations Relating to Immigration Enforcement Actions

OAKLAND — California Attorney General Rob Bonta issued two bulletins to notify local educational agencies, institutions of higher education, and child care providers in California of their new legal responsibilities under recently enacted state legislation. The first bulletin concerns Assembly Bill 495 (AB 495), which was authored by Assemblymember Celeste Rodriguez (D-San Fernando) and took effect on January 1, 2026. The second bulletin concerns Senate Bill 98 (SB 98), which was authored by Senator Sasha Renée Pérez (D-Pasadena) and has been in effect since September 20, 2025.

“As federal immigration enforcement continues to create fear and uncertainty, it is critical that schools and child care providers are prepared and informed on how to safeguard the rights of students and their families and keep schools and facilities safe if there is immigration enforcement activity,” said Attorney General Bonta. “California has new laws to protect the rights of our students to safely attend schools and child care programs to the fullest extent allowable under the law. We will continue to stand with our immigrant communities and uphold the rights of all students and children to learn and thrive in supportive, transparent, and secure environments.”

In the bulletins, Attorney General Bonta advises:

• Access to Nonpublic Areas: School officials and employees of local educational agencies are prohibited from allowing immigration enforcement officers to enter a nonpublic area of a school for any purpose, unless the person seeking entry presents a valid judicial warrant, judicial subpoena, or a court order, or unless required by state or federal law or required to administer a state or federally supported educational program.
• Access to Documents or Information:Local educational agency personnel are prohibited from disclosing or providing, in writing, verbally, or in any other manner, to the extent practicable, any information about a pupil, including their education records, or information about the pupil’s family and household to an officer or employee of an agency conducting immigration enforcement, unless that officer or employee provides a valid judicial warrant, judicial subpoena, or court order requesting the information, or unless the parent/guardian provides written consent.
• Updating Model Policies:The Attorney General updated the TK-12 schools guidance and model policies in December 2025. All local educational agencies must update existing policies to be consistent with the guidance and model policies by March 1, 2026. The Attorney General will be publishing model policies regarding limiting assistance with immigration enforcement at licensed child care facilities and California state preschool programs. All California state preschool programs must adopt the Attorney General’s model policies or equivalent policies by July 1, 2026.
• New Requirements for Preschools: Licensed child care facilities and license-exempt state preschool program facilities are prohibited from collecting information or documents regarding the citizenship or immigration status of pupils or their family members, unless required by state or federal law or required to administer a state or federally supported educational program. They are also required, as applicable, to report to the State Department of Social Services and the Attorney General any requests for information or access to the facility by an officer or employee of a law enforcement agency for the purpose of immigration enforcement.
• Broadened Eligibility for Qualifying Caregivers:Expands the eligibility to petition for joint guardianship so students can remain enrolled and supported if a parent is temporarily detained or deported.
• “Know Your Educational Rights”: Local educational agencies must provide the Attorney General’s “Know Your Educational Rights” and updated TK-12 guidance to parents and guardians and post the guide in administrative buildings and online at the local educational agency and each of its school sites, in every language provided by the Attorney General, by the beginning of the 2026 school year.
• Requirements to Notify Public of Immigration Enforcement on Campus:Local educational agencies must include in their comprehensive school safety plan procedures designed to notify parents and guardians, teachers, administrators, and school personnel when a school confirms the presence of immigration enforcement on the school site by March 1, 2026.The Trustees of the California State University, governing boards of the California Community College Districts, and Cal Grant qualifying independent institutions of higher education must inform all students, faculty, staff, and campus community members who work on campus when immigration enforcement is confirmed on their campuses.

While California cannot control the actions of federal immigration enforcement agencies, state and federal laws empower schools and child care providers to welcome all students and children and to provide equal access to educational rights and opportunities. Since President Trump took office, Attorney General Bonta has released a number of guidance documents to help California immigrants better understand their rights and protections under the law and assist law enforcement, prosecutors, and public institutions in complying with state law.

Attorney General Bonta also reminds California immigrant students and families of their rights under state and federal law, including:

• Right to a Free Public Education:All children have a right to equal access to free public education, regardless of their or their parents’ or guardians’ immigration status.
• Information Required for School and Child Care Enrollment: Schools, licensed child care facilities, and license-exempt California state preschool program facilities must accept a variety of documents from students' parent or guardian to demonstrate proof of a child’s age, residency, or program eligibility, and schools are not required to keep a copy of the document used as proof of a child’s age.
• Confidentiality of Personal Information: Federal and state laws, and the California Constitution, generally protect the confidentiality of student education records and personal information. These laws generally require, with narrow exceptions, that schools obtain written consent from parents or guardians before releasing student information, unless the release of information is for educational purposes, is already public, or is in response to a court order or subpoena.
• Right to File a Complaint:Your child has the right to report a hate crime or file a complaint to the school district if they are discriminated against, harassed, intimidated, or bullied because of his or her actual or perceived nationality, ethnicity, or immigration status. 

More resources can be found at oag.ca.gov/immigrant/resources.