Education Code - EDC - EDC § 66093.3

Summary

(a) The Trustees of the California State University, the governing board of each community college district in the state, and each independent institution of higher education that is a qualifying institution as defined in subdivision ( l ) of Section 69432.7, shall, and the Regen

Text

(a)
The Trustees of the California State University, the governing board of each community college district in the state, and each independent institution of higher education that is a qualifying institution as defined in subdivision (
l
) of Section 69432.7, shall, and the Regents of the University of California are requested to, do all of the following to the fullest extent consistent with state and federal law:
(1)
Refrain from disclosing personal information about students, faculty, and staff except:
(A) with the consent of the person identified, or if the person is under 18 years of age, with the consent of the
parent or guardian of the person identified;
(B) as may legally be disclosed under state and federal privacy laws;
(C) for the programmatic purpose for which the information was obtained;
(D) as part of a directory that does not include residence addresses or individual persons’ course schedules and that the person has not elected to opt out of; or
(E) in response to a judicial warrant, court order, or subpoena.
(2)
Advise all students, faculty, and staff to notify the office of the chancellor or president, or their designee, as soon as possible, if they are advised that an immigration
officer is expected to enter, will enter, or has entered the campus to execute a federal immigration order.
(3)
If there is reason to suspect that a student, faculty, or staff person has been taken into custody as a result of an immigration enforcement action, the college or university, as soon as possible, shall notify the person’s emergency contact that the person has been taken into custody.
(4)
Comply with a request from an immigration officer for access to nonpublic areas of the campus only upon presentation of a judicial warrant. This paragraph shall not apply to an immigration officer’s request for access or information related to the operation of international student, staff, or faculty programs, employment verification efforts, or other nonenforcement activities.
(5)
Advise all students, faculty, and staff responding to or having contact with an immigration officer executing a federal immigration order, to refer the entity or individual to the office of the chancellor or president, or their designee, for purposes of verifying the legality of any warrant, court order, or subpoena.
(6)
Designate a staff person to serve as a point of contact for any student, faculty, or staff person who may or could be subject to an immigration order or inquiry on campus. Unless the disclosure is permitted by state and federal education privacy law, faculty and staff persons shall be prohibited from discussing the personal information, including immigration status information, of any student, faculty, or staff person with anyone, or revealing that personal
information to anyone. This paragraph shall not be construed as requiring a college or university to hire staff to fulfill the requirements of this paragraph.
(7)
Maintain a contact list of legal services providers who provide legal immigration representation, and provide it free of charge to any and all students who request it. The list shall include, but not be limited to, the organization’s name and contact number, email address, and office address.
(8)
Adopt and implement, by March 1, 2019, the model policy developed by the Attorney General or an equivalent policy pursuant to the California Values Act (Chapter 17.25 (commencing with Section 7284) of Division 7 of Title 1 of the Government Code), limiting assistance with immigration enforcement to the fullest extent possible
consistent with federal and state law.
(9)
(A)
Post on its internet website in a conspicuous location, and provide via email quarterly or each semester to all students, faculty, and staff:
(i)
A copy of the policy adopted pursuant to paragraph (8).
(ii)
Guidance informing them of their rights under state and federal immigration laws and how to respond to a federal immigration action or order.
(B)
Update the information posted on its internet website pursuant to subparagraph (A) as often as is necessary to reflect any changes to federal and state immigration laws and university or college policies and procedures.
(10)
In the event that an undocumented student is subject to a federal immigration order, ensure that all of the following occur:
(A)
In the event that an undocumented student is detained, deported, or is unable to attend to the student’s academic requirements due to the actions of an immigration officer in relation to a federal immigration order, the college or university shall make all reasonable efforts to assist the student in retaining any eligibility for financial aid, fellowship stipends, exemption from nonresident tuition fees, funding for research or other educational projects, housing stipends or services, or other benefits the student has been awarded or received, and permit the student to be reenrolled if and when the student is able to return to the college or university. It
is the intent of the Legislature that, in implementing this paragraph, California colleges and universities make reasonable and good faith efforts to provide for a seamless transition in a student’s reenrollment and reacquisition of campus services and supports.
(B)
That staff is available to assist, in a sensitive manner, undocumented students, and other students, faculty, and staff who may be subject to a federal immigration order or inquiry, or who may face similar issues, and whose education or employment is at risk because of federal immigration actions.
(C)
(i)
All students, faculty, staff, and campus community members who work on campus are notified when the presence of
immigration enforcement is confirmed on campus.
(ii)
A notice provided pursuant to clause (i) shall include all of the following:
(I)
The date and time the immigration enforcement was confirmed.
(II)
The location of the confirmed immigration enforcement.
(III)
A hyperlink to additional resources, including the information posted on its internet website pursuant to paragraph (10).
(iii)
A notice provided pursuant to clause (i) shall not include any personally identifiable information.
(b)
(1)
Each
campus of the California Community Colleges, of the California State University, and of each independent institution of higher education that is a qualifying institution as defined in subdivision (
l
) of Section 69432.7 shall, and each campus of the University of California is requested to, notify all students, faculty, staff, and other campus community members who work on campus when the presence of immigration enforcement is confirmed on campus, to the fullest extent consistent with state and federal law.
(2)
A notice provided pursuant to paragraph (1) shall include all of the following information:
(A)
The date and time the immigration enforcement was confirmed.
(B)
The location of the confirmed
immigration enforcement.
(C)
A hyperlink to additional resources, including the information posted on its internet website pursuant to paragraph (9) of subdivision (a).
(3)
A notice provided pursuant to paragraph (1) shall not include any personally identifiable information.
(c)
For purposes of this article, the following definitions apply:
(1)
“Immigration enforcement” includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a
person’s presence in, entry, or reentry to, or employment in, the United States.
(2)
“Immigration officer” means any state, local, or federal law enforcement officer who is seeking to enforce immigration law.
(d)
This section shall remain in effect only until January 1, 2031, and as of that date is repealed.

Retrieval chunks

• #1 | Education Code - EDC - EDC § 66093.3

  (a) The Trustees of the California State University, the governing board of each community college district in the state, and each independent institution of higher education that is a qualifying institution as defined in subdivision ( l ) of Section 69432.7, shall, and the Regents of the University of California a…

• #2

  Designate a staff person to serve as a point of contact for any student, faculty, or staff person who may or could be subject to an immigration order or inquiry on campus. Unless the disclosure is permitted by state and federal education privacy law, faculty and staff persons shall be prohibited from discussing the pe…

• #3

  In the event that an undocumented student is detained, deported, or is unable to attend to the student’s academic requirements due to the actions of an immigration officer in relation to a federal immigration order, the college or university shall make all reasonable efforts to assist the student in retaining any elig…

• #4

  The date and time the immigration enforcement was confirmed. (B) The location of the confirmed immigration enforcement. (C) A hyperlink to additional resources, including the information posted on its internet website pursuant to paragraph (9) of subdivision (a). (3) A notice provided pursuant to paragraph (1) …