CDE Resources for California State Preschool Program Contractors on Immigration Enforcement
This is an email message from the California Department of Education (CDE), Early Education Division (EED).
Attention: Executive Directors and Program Directors of all California State Preschool Programs
In response to the Immigration and Customs Enforcement actions in Los Angeles, Sacramento, and communities across the state, the California Department of Education (CDE), Early Education Division (EED) is sending this notice to all EED, California State Preschool Program (CSPP) contracting agencies. The purpose of this email is to inform contractors of allowances and resources during this time. To the extent that anything changes, the EED will release any updated information through our email distribution list (subscribe HERE).
Attendance
As a reminder, the California Code of Regulations, Title 5 (5 CCR) Section 17819(c) allows contractors to adopt reasonable policies delineating circumstances that would constitute an excused absence for “family emergency." An acceptable policy for contractors to adopt could include community concerns that make it unsafe for the child to participate in the program, as determined by the parent or guardian.
At-Home Learning Opportunities
CSPP contractors may provide at-home learning resources for any child that is not attending the program due to community concerns that make it unsafe for the child to participate; however, contractors are not required to do so.
Emergency Contact Information
As a reminder, all children must have up-to-date emergency contact information on file. Contractors should encourage families to include the information of an identified trusted adult guardian as a secondary emergency contact in case a child’s parent or guardian is detained. The contractor shall communicate to families that information provided within the emergency cards will only be used in response to emergency situations, and not for any other purpose. In the event a student’s parent/guardian has been detained or deported by federal immigration authorities, the contractor shall use the student’s emergency card contact information and release the student to the person(s) designated as emergency contacts. The contractor shall only contact Child Protective Services if the agency personnel are unsuccessful in arranging for the timely care of the child through the emergency contact information that the school has, a Caregiver’s Authorization Affidavit, or other information or instructions conveyed by the parent or guardian.
Immigration Status Related to Eligibility for CSPP
The determination of eligibility for preschool services shall be without regard to the immigration status of the child or the child's parent(s), unless the child or the child's parent(s) are under a final order of deportation from the United States Department of Homeland Security (5 CCR Section 17745). Eligibility shall not be impacted until such a time that official written documentation has been provided to the contractor that the child or child’s parents is under a final order of deportation. As a reminder, contractors shall not collect or maintain information on the immigration status of children or parents in CSPP, except for a final order of deportation.
Non-Parental Caregiver Enrolling a Child for CSPP
As a reminder, pursuant to 5 CCR Section 17761, in circumstances where a child or that child’s siblings are living in a family that does not include their biological or adoptive parent, such as formal or informal custodial family arrangements or foster care:
- Only the child and related siblings shall be counted to determine family size;
- The adjusted monthly income of the child and any related siblings is counted to determine income eligibility; and
- The adult(s) who live(s) with and have responsibility for the care and welfare of the child(ren), must meet a need criterion to be eligible for full-day services.
What to do if an Immigration Enforcement Officer Comes to Your CSPP
The CDE has developed an Immigration Enforcement Guidance Notecard for Transitional Kindergarten through grade twelve (TK-12) schools that contractors can modify for their programs.
In addition, the Superintendent or administrator should email the Bureau of Children’s Justice in the California Department of Justice, at BCJ@doj.ca.gov, regarding any attempt by a law- enforcement agent to access a school site or a student for immigration-enforcement purposes.
Resources
The CDE is sharing this information and resources to preserve access to education for students during times of increased fear of immigration enforcement.
- Safe Havens: Including Immigrant Families - Transforming Schools: Superintendent’s Initiatives (CA Dept of Education)
- Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California’s K-12 Schools in Responding to Immigration Issues
- ALL IN for Safe Schools – "All in for Safe Schools: Resources for Early Childhood Educators"
Resources for psychological and mental health concerns, including coping with tragedy, crisis intervention and prevention, school psychology, and suicide prevention website is at Mental Health Resources -Mental Health (CA Dept of Education).
Resources to assist schools in helping students cope with tragic events website is at Coping with Tragedy-Crisis Preparedness (CA Dept of Education).
Stay informed on the latest budget updates and calls to action at:
www.everychildca.org/legislative-resources
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