AB 495: Student & Family Rights & Protections
Dear ACCESS Families,
We want to ensure you know about important protections for all students and families under California law, specifically AB 495, the Family Preparedness Act of 2025.
Your Rights Under California Law
Every child has the right to a free public education, regardless of immigration status. California law provides strong protections for students and families:
- You do not need to provide information about your immigration or citizenship status to enroll your child in school
- Schools are safe places for learning, and we are committed to maintaining that safety
- Your personal information is protected by law
- Immigration enforcement officers cannot access nonpublic school areas without a judicial warrant, judicial subpoena, or court order
What This Means for Your Family
Enrollment
We will never ask about your immigration status or your child's immigration status during enrollment. We only need proof of your child's age and proof that you live in our service area. (Education Code 234.7(a)(1))
Your Information is Protected
We will not share your personal information or your child's information with immigration enforcement unless we are presented with a valid judicial warrant, judicial subpoena, or court order from a judge. (Education Code 234.7(b))
We Will Notify You
If immigration enforcement contacts us about your child, we will attempt to notify you first (unless a court order prohibits us from doing so). (Education Code 234.7(e)(1)(A)(ii) – Reference to Attorney General Guidance: “Promoting a Safe and Secure Learning Environment for All”)
Your Child is Safe at School
Immigration enforcement officers cannot enter classrooms, offices, or other nonpublic areas of our schools without proper legal authorization from a judge. (Education Code 234.7(a)(2))
How You Can Prepare
We encourage all families to:
- Keep your emergency contact information current - Make sure we have updated phone numbers and addresses for you and backup contacts. (Education Code 234.7(e)(1)(A)(ii).
- Complete our Emergency Contact Form - Include information about trusted adults who can care for your child in any emergency.
- Consider completing a Caregiver's Authorization Affidavit - This form (available in our office and on our website) allows a trusted adult to make educational and medical decisions for your child if you are unable to do so. (Family Code 6550)
- Create a Family Safety Plan - Have a plan for your family in case of any emergency. We have resources to help you create this plan.
- Know your rights - Review the "Know Your Educational Rights" document linked below.
Resources Available to You
Essential Documents & Guides:
ACCESS Policies
Immigration Enforcement Access Policy
ACCESS employees shall not allow immigration enforcement officers access to school sites or students without proper legal authority. Specifically:
- Immigration enforcement officers may only access school property with a valid judicial warrant or court order
- Administrative warrants or requests for voluntary access are insufficient for entry
- Any immigration enforcement officer who appears at a school site must be immediately directed to the principal or designee
- The principal or designee shall contact the Superintendent's office and county legal counsel before granting any access
- If a valid judicial warrant is presented, District legal counsel must review it before allowing access to students or records
Privacy & Information Protection Notice
Student records and information are protected by the Family Educational Rights and Privacy Act (FERPA) and California Education Code. ACCESS shall:
- Not disclose student information to immigration enforcement without a valid court order, judicial subpoena, or judicial warrant
- Maintain the confidentiality of information regarding students' and families' immigration status, citizenship, national origin, or religion
- Limit the collection of information that could indicate immigration status to that which is required by law for educational purposes
- Ensure that any information collected about a student or family is used solely for educational purposes and not shared with third parties without proper authorization
Contact Information
Questions About AB 495 or Your Rights?
Chief of Alternative Education
Dr. Maria Poulin
Phone: 714-245-6526
Report Immigration Enforcement on School Grounds:
Bureau of Children's Justice
Important: If you have questions about your specific immigration situation, we encourage you to consult with a qualified immigration attorney or contact one of the legal resources listed on the California Attorney General's website.
https://oag.ca.gov
ACCESS OCDE | Orange County Department of Education
Committed to providing safe, welcoming, and inclusive learning environments for all students and families.
