On Saturday, September 20, Governor Gavin Newsom signed Assembly Bill 49 (AB 49) and Senate Bill 98 (SB 98) into law. These measures directly affect school districts, community colleges, and universities by creating new restrictions on how educational institutions handle student records, respond to immigration enforcement requests, and communicate with families.
These laws took effect immediately on September 20 and require policy review, updates, and staff training.
AB 49: Protecting Student Records and Family Privacy
AB 49 limits how schools respond to federal immigration enforcement inquiries. “Immigration enforcement” includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and 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.
- Limited Access to Campuses: Prohibits LEAs from allowing immigration enforcement officers from entering nonpublic areas of a school site without providing a valid judicial warrant, judicial subpoena, or court order. The law also reaffirms an LEA’s or school official’s right to consult with counsel and challenge any warrant, subpoena, or court order.
- Restrictions on Records Disclosure: Student records, including immigration-related documents, may not be released, in any other manner, to immigration authorities unless a valid court order is presented or with parental or guardian’s written consent.
- Notice to Families: Schools must notify affected students and families of any requests for records or information, unless prohibited by law.
- Mandatory Policies and Protocols: By March 1, 2026, LEAs must adopt written procedures guiding how administrators and staff should respond to immigration-related requests.
- Staff Training Requirement: Districts must provide training so that all staff — especially front-office personnel — understand the protocols and know how to respond consistently.
SB 98: Limiting Immigration Enforcement on School and Campus Grounds
SB 98 expands California’s “sensitive location” protections, further shielding schools and universities from immigration enforcement activities.
- Prohibition on Enforcement Actions: Immigration enforcement agents may not enter school grounds, libraries, or campus facilities without judicial authorization. An “immigration officer” means any state, local, or federal law enforcement officer who is seeking to enforce immigration law.
- Restrictions on Information Sharing: Schools and local agencies may not disclose personal information, citizenship status, or related documents unless required by federal law or court order.
- Safety Statement: The law emphasizes that educational settings must be safe and accessible to all students, regardless of immigration status.
- Different Requirements: The law outlines different notification requirements for higher education than for K-12, county offices of education, and charter schools.
- Mandatory Policies and Protocols: K-12, county offices of education, and charter schools are required when their next school safety plan is updated on or before March 1, 2026, to include procedures for notifying parents and all school personnel when the presence of immigration enforcement is confirmed on a school site. Those notifications must include the following:
- The date and time the immigration enforcement was confirmed.
- The location of the confirmed immigration enforcement.
- A hyperlink to additional resources, including model policies adopted by the local educational agency.
- This requirement is in place from 2026 to 2031. There is also guidance for which institutions of higher education must update their policies and procedures.
Action Steps for School Districts and Universities
To comply with AB 49 and SB 98, educational institutions should take immediate steps:
- Review and Update Policies
- Train Administrators, Staff, and Faculty
- Designate a Compliance Officer
- Communicate Changes with Families
F3 Law is available to consult with its client school districts in California to discuss policy updates, training, and continuing obligations under these laws. Please contact the authors listed below or the F3 attorney with whom you normally consult for more information.
