Frequently Asked Questions 

1. Are public TK-12 schools in the United States required to provide a free public education to all students, regardless of immigration status?
Yes. Undocumented students between the ages of 6-18 not only have a right to attend school in California, but also are mandated to attend school pursuant to the compulsory attendance laws. (Education Code 48200) The U.S. Supreme Court has held that no state may deny access to a basic public education to any child residing within the state, whether residing in the U.S. legally or not. (Plyer v. Doe, 457 U.S. 202 (1982).) Further, all students have a right to be in a public school learning environment free from discrimination, harassment, bullying, violence, and intimidation. (Education Code 220, 234 and federal laws, including Titles IV, VI, and IX of the Civil Rights Act of 1964.)
2. Does DJUSD ask for the immigration status of a student or family member for enrollment or educational purposes?
No. DJUSD does not ask for the immigration status of a student or family for enrollment or educational purposes. This includes applications for initial enrollment, reenrollment, free/reduced-price meals, academic programs, extracurricular activities, and other services.

Schools are only required to collect information to satisfy certain admission requirements, such as proof of birth date and proof of residency. (Education Code 48204.1)
3. Does DJUSD ever share a student’s immigration status or confidential student records information with federal immigration officials?
DJUSD does not collect a student’s immigration status and information. Therefore, DJUSD would not have this information to provide a federal immigration official. If DJUSD inadvertently becomes aware of a student’s status, that information is not retained. 

The Family Educational Rights and Privacy Act (FERPA) generally prohibits school districts from providing third parties with student education records. However, there may be exceptional circumstances under which the District could be required to provide pupil records information to federal immigration officials, including the following: 1) if there is a valid subpoena, warrant, or court order; and 2) if there are emergency circumstances, such as a confirmed danger to public safety.
4. Does the Davis Police Department (DPD) play a role in federal immigration investigations?
The DPD’s primary mission is to promote a safe learning environment at schools. Members of the DPD do not inquire about immigration status. Additionally, the DPD does not interact with immigration officials, unless there is an emergency concerning the immediate safety of students or employees.
5. How may the 2016 presidential election impact family members who do not have lawful immigration status?
United States immigration laws and policies are formed by acts of Congress and/or Executive Orders of the president. It continues to be uncertain of the changes that may be made or proposed by the current administration. DJUSD will continue to advocate for the constitutional rights of all students to receive a free public education.
6. Can federal immigration officials come onto DJUSD campuses?
School districts have the right to limit the amount of disruption to the learning environment and to ensure the safety of their staff and students, which may include denying an individual from accessing to ensure the safety of their staff and students, which may include denying an individual from accessing a campus during school hours. (Education Code 32212, 35160)

Federal immigration officials have a current policy restricting enforcement actions at “sensitive locations,” including schools, hospitals, and institutions of worship. However, as with other law enforcement agencies, federal immigration officials may come onto campuses under exceptional circumstances, such as immediate public safety issues, or when there is a valid search warrant, subpoena, or court order. 

In the unlikely event that Immigration officers decide to pursue immigration-related investigations on school campuses, school staff are to direct the agent to the District office to provide valid identification and statement of purpose; and the purpose is to serve a warrant, subpoena, or court order, the District office will determine the legality of the legal document and will respond as indicated by law.
7. What could happen if I am a recipient of DACA?
Deferred Action for Childhood Arrivals (DACA) is a policy implemented under the Obama Administration in June 2012. The new presidential administration may choose to keep the policy as is, modify the policy, or remove the policy altogether.
8. What resources are available to help students and families who are newcomers to the country and are seeking to enroll in the District?
Enrollment occurs at each school site. Information is also available on the Enrollment page on the District website. 
9. What should I do if I have more questions about immigration laws and procedures?
District personnel cannot give legal advice concerning specific immigration matters. However, it is the District’s opinion that licensed immigration attorneys are the most likely to provide reliable legal advice on immigration matters. For your protection, the District does not recommend seeking legal advice from non-attorney notaries or “notaries.”

View a directory of free or low-cost nonprofit immigration legal services providers at Please note that the advice provided by people found on this website do not necessarily reflect the opinions of the District.

It is recommended that families with immigration questions contact an immigration legal services provider as soon as possible, because it is anticipated that such providers will become very busy in the months ahead.
10. What is DJUSD’s policy on discrimination, harassment, and bullying?
The district is committed to educational excellence, equity and access. Our policies prohibit discrimination, harassment, or bullying of our students, families, or employees. To learn more about the District’s nondiscrimination policies please visit the Student Support Services webpage.
11. Are undocumented parents required to undergo fingerprinting in order to volunteer at school?
Fingerprinting of parent volunteers is only required where the volunteer is not under the direct supervision of a District staff member. The results of fingerprinting is confidential, solely for the use of DJUSD to ensure the safety of students (i.e. that the volunteer has not been convicted of a sex or drug offense with a minor). Volunteering in a student’s class does not require fingerprinting.