GATHERING AND HANDLING STUDENT
AND FAMILIY INFORMATION PROTOCOL

Collecting and Retaining Student Information
– The Director of Student Services will maintain in writing Charter Oak Unified School policies and procedures for gathering and handling sensitive student information and appropriate personnel shall receive training regarding those policies and procedures.
– If the Charter Oak Unified School District possesses information that could indicate immigration status, citizenship status, or national origin information, the Charter Oak Unified School District shall not use the acquired information to discriminate against any students or families or bar children from enrolling in or attending school.
– If parents of guardians choose not to provide information that could indicate their or their children’s immigration status, citizenship status, or national origin information, Charter Oak Unified School District shall not use such actions as a basis to discriminate against any students or families or bar children from enrolling or attending school.
– The Charter Oak Unified School District shall not allow school resources or data to be used to create a registry based on race, gender, sexual orientation, religion, ethnicity, or national origin.

Inquiries Regarding Immigration Status, Citizenship Status and National Origin
Information
– The Charter Oak Unified School District personnel shall not inquire specifically about a student’s citizenship or immigration status or the citizenship or immigration status of a student’s parents or guardians; nor shall personnel seek or require to exclusion of other permissible documentation or information, documentation or information that may indicate a student’s immigrations status, such as a green card, voter registration, a passport, or citizenship papers.
– Where any law contemplates submission of national origin related information to satisfy the requirements of a special program, the Charter Oak Unified School District personnel shall solicit that documentation or information separately from the school enrollment process.
– Where permitted by law, the Director of Student Services of the Charter Oak Unified School District shall enumerate alternative means to establish residency, age, or other eligibility criteria for enrollment or programs, and those alternative means shall include among them documentation or information that are available to persons regardless of immigration status, citizenship status, or national origin, and that do not reveal information related to citizenship or immigration status.
– Where residency, age, and other eligibility criteria for purposes of enrollment or any program may be established by alternative documents or information permitted by law or this protocol, the Charter Oak
Unified School District procedures and forms shall describe to the applicant, and accommodate, all alternatives specified in law and all alternatives authorized under this protocol

Inquiries About Social Security Numbers or Cards
– The Charter Oak Unified School District shall not solicit or collect entire Social Security numbers or cards.
-The Charter Oak Unified School District shall solicit and collect the last four digits of an adult household member’s Social Security number only if required to establish eligibility for federal benefit programs.
-When collecting the last four digits of an adult household member’s Social Security number to establish eligibility for a federal benefit program, the Charter Oak Unified School District shall explain the limited purpose for which this information is collected, and clarify that a failure to provide this information will not bar the student from enrolling in or attending the school.

Board Policy (BP) 5125-Student Records
BP 5145.13-Immigration
The Charter Oak Unified School District shall treat all students equitably in the receipt of all school services, including, but, not limited to, the gathering of student and family information for the free and reduced lunch program, transportation and educational instruction.

Responding to Hate Crimes and Bullying

Model Policies for Responding to Hate Crimes and Bullying
Adopting and Publicizing Anti-Bullying and Anti-Harassment Policy
– The Charter Oak Unified School District shall adopt and publicize policies that prohibit
discrimination, harassment, intimidation, and bullying on the basis of a student’s actual
or perceived nationality, ethnicity, or immigration status. Those policies must be
translated in the student’s primary language if at least 15 percent of the students
enrolled in the school speak a single primary language other than English.
– The Charter Oak Unified School District shall notify parents and guardians of their
children’s right to a free public education, regardless of immigration status or religious
beliefs.
o This information shall include information related to the “Know Your
Rights” immigration enforcement established by the Attorney General
o The Charter Oak Unified School District shall inform students who are
victims of hate crimes of their right to report such crimes.

Processing Complaints of Harassment and Bullying
The Charter Oak Unified School District shall adopt a process for receiving complaints of
and investigating complaints of discrimination, harassment, intimidation, and bullying
based on any of the following actual or perceived characteristics:
o disability
o gender
o gender identity
o gender expression
o nationality
o race or ethnicity
o religion
o sexual orientation
o immigration status
o association with a person or group with one or more of the aforementioned characteristics

Board Policy (BP) 5149.9-Hate Motivated Behavior
BP 5145.3-Discrimination/Harassment
BP 5131.2 Bullying
Admin Reg 1312.3- Uniform Complaint Process

Responding to Requests for Access to School Grounds for
Immigration-Enforcement Purposes

Model Policies for Monitoring and Receiving Visitors onto Campus
– No outsider—which would include immigration-enforcement officers—shall enter or
remain on school grounds of the Charter Oak Unified School District during school hours
without having registered with the principal or designee. If there are no exigent
circumstances necessitating immediate action, and if the immigration officer does not
possess a judicial warrant or court order that provides a basis for the visit, the officer
must provide the following information to the principal or designee:
o Name, address, occupation;
o Age, if less than 21;
o Purpose in entering school grounds;
o Proof of identity; and
o Any other information as required by law.
– The Charter Oak Unified School District shall adopt measures for responding to outsiders that avoids classroom interruptions, and preserves the peaceful conduct of the school’s activities, consistent with local circumstances and practices.
– The Charter Oak Unified School District shall post signs at the entrance of its school
grounds to notify outsiders of the hours and requirements for registration.
– Charter Oak Unified School District personnel shall report entry by immigration-enforcement officers to any on-site school police or other appropriate administrator as would be required for any unexpected or unscheduled outside visitor coming on campus

Model Policies for Responding to On-Campus Immigration Enforcement
– As early as possible, Charter Oak Unified School District personnel shall notify the Director of Student Services any request by an immigration-enforcement officer for school or student access, or any requests for review of school documents (including for the services of lawful subpoenas, petitions, complaints, warrants, etc.).
– In addition to notifying the Director of Student Services Charter Oak Unified School District personnel shall take the following action steps in response to an officer present on the school campus specifically for immigration-enforcement purposes:
1. Advise the officer that before proceeding with his or her request, and absent exigent
circumstances, school personnel must first receive notification and direction from the
Director of Student Services.
2. Ask to see, and make a copy of or note, the officer’s credentials (name and badge
number). Also ask for and copy or note the phone number of the officer’s
supervisor.
3. Ask the officer for his/her reason for being on school grounds and document it.
4. Ask the officer to produce any documentation that authorizes school access.
5. Make a copy of all documents provided by the officer. Retain one copy of the documents for school records.
6. If the officer declares that exigent circumstances exist and demands immediate access
to the campus, Charter Oak Unified School District personnel should comply with the
officer’s orders and immediately contact the Director of Student Services
7. If the officer does not declare that exigent circumstances exist, respond according to
the requirements of the officer’s documentation. If the immigration-enforcement
officer has:
o an ICE (Immigrations and Customs Enforcement) administrative warrant (see
Appendix B), Charter Oak Unified School District personnel shall inform the
agent that he or she cannot consent to any request without first consulting
with the Director of Student Services.
o a federal judicial warrant (search-and-seizure warrant or arrest warrant;
o See Appendix C & D), prompt compliance with such a warrant is usually
legally required. Staff should immediately consult with the Director of
Student Services before providing the agent access to the person or
materials specified in the warrant.
o a subpoena for production of documents or other evidence (see Appendix
o E & F), immediate compliance is not required. Therefore, Charter Oak
Unified School District personnel shall inform the Director of Student
Services of the subpoena, and await further instructions on how to
proceed.

8. While Charter Oak Unified School District personnel should not consent to access by
an immigration-enforcement officer, except as described above, he/she should not
attempt to physically impede the officer, even if the officer appears to be exceeding
the authorization given under a warrant or other document. If an officer enters the
premises without consent, Charter Oak Unified School District personnel shall
document his or her actions while on campus.
9. After the encounter with the officer, Charter Oak Unified School District personnel
shall promptly take written notes of all interactions with the officer. The notes shall
include the following items:
o List or copy of the officer’s credentials and contact information;
o Identity of all school personnel who communicated with the officer;
o Details of the officer’s request;
o Whether the officer presented a warrant or subpoena to accompany his/her
request, what was requested in the warrant/subpoena, and whether the
warrant/subpoena was signed by a judge;
o Charter Oak Unified School District personnel’s response to the officer’s request;
o Any further action taken by the agent; and
o Photo or copy of any documents presented by the agent.
10. Charter Oak Unified School District personnel shall provide a copy of those notes,
and associated documents collected from the officer, to the Director of Student
Services.
11. In turn, the Superintendent shall submit a timely report to the Charter Oak Unified School District governing board regarding the officer’s requests and actions and the
Charter Oak Unified School District response(s).
12. E-mail the Bureau of Children’s Justice in the California Department of Justice,
at BCJ@doj.ca.gov, regarding any attempt by a law-enforcement officer to access a school site or a student for immigration-enforcement purposes.

Policies for Parental Notification of Immigration-Enforcement Actions
Charter Oak Unified School District personnel must receive consent from the
student’s parent or guardian before a student can be interviewed or searched by
any officer seeking to enforce the civil immigration laws at the school, unless the
officer presents a valid, effective warrant signed by a judge, or presents a valid,
effective court order.
Charter Oak Unified School District personnel shall immediately notify the
student’s parents or guardians if a law-enforcement officer requests or gains
access to a student for immigration-enforcement purposes, unless such access
was in compliance with a judicial warrant or subpoena that restricts the
disclosure of the information to the parent or guardian.

Notice Pursuant to CA Ed. Code 48980, EC 234.7[d][1]

Sharing Student and Family Information

Procedures Regarding Information Sharing
The Charter Oak Unified School District shall avoid the disclosure of information that might indicate a student’s or family’s citizenship or immigration status if the disclosure is not authorized by Family Educational Rights and Privacy Act (FERPA).
Charter Oak Unified School District personnel shall take the following action steps upon receiving an information request related to a student’s or family’s immigration or citizenship status:
o Notify a designated Charter Oak Unified School District official about the information request.
o Provide students and families with appropriate notice and a description of the immigration officer’s request.
o Document any verbal or written request for information by immigration authorities.
o Unless prohibited, provide students and parents/guardians with any documents issued by the immigration-enforcement officer.
– Except for investigations of child abuse, child neglect, or child dependency, or when the subpoena served on the local educational agency prohibits disclosure, the Charter Oak Unified School District shall provide parental or guardian notification of any court orders, warrants, or subpoenas before responding to such requests.
– The Charter Oak Unified School District shall require written parental or guardian consent for release of student information, unless the information is relevant for a legitimate educational interest or includes directory information only. Neither exception permits disclosing information to immigration authorities for immigration-enforcement purposes; no student information shall be disclosed to immigration authorities for immigration- enforcement purposes without a court order or judicial subpoena.
– The Charter Oak Unified School District request for written or parental or guardian consent for release of student information must include the following information: (1) the signature and date of the parent, guardian, or eligible student providing consent; (2) a description of the records to be disclosed; (3) the reason for release of information; (4) the parties or class of parties receiving the information; and (5) if
requested by the parents, guardians or eligible student, a copy of the records to be released. The Charter Oak Unified School District shall permanently keep the consent notice with the record file.
– The parent, guardian, or eligible student is not required to sign the consent form. If the parent, guardian or eligible student refuses to provide written consent for the release of student information that this not otherwise subject to release, the Charter Oak Unified School District shall not release the information.

Policies for Annual Information Notice to Parents and Guardians
General Information Policy
– The Charter Oak Unified School District must provide an annual notice to parents and guardians of the school’s general information policies that includes:
– Assurances that the Charter Oak Unified School District will not release information to third parties for immigration-enforcement purposes, except as required by law or court order.
o A description of the types of student records maintained by the Charter Oak Unified School District.
o A list of the circumstances or conditions under which the Charter Oak Unified School District might release student information to outside people or entities.
o A statement that, unless the Charter Oak Unified School District is providing information for a legitimate educational purpose under FERPA and the California Education Code or directory information, the Charter Oak Unified School District shall notify parents or guardians and eligible students—and receive their written consent—before it releases a student’s personally identifiable information.

 

Board Policy (BP) 5125-Student Records
BP 5145.13-Immigration