Your child's rights in California public schools

This guide is general information, not legal advice. DNLH is not a law office. The rules here are for public schools and charter schools in California. Private schools follow some different rules, so ask a private school for its own policies.

We know school can feel like a place full of forms, rules and people who talk fast. You don't need to know everything. You need to know your next step, and that you are allowed to ask. This guide gives you both.

On this page

• Can my child go to public school, whatever our status?
• How do I enroll my child?
• What does the school keep private?
• What if immigration agents come to my child's school?
• Who picks up my child if I cannot?
• What help does my child get while learning English?
• Can I get school papers and meetings in my language?
• What if my child has a disability or is falling behind?
• What if my child is suspended or may be expelled?
• What if my child is bullied or treated unfairly?
• Are school meals free, and is there food help in summer?
• What are my rights as a parent at school?
• What changed in 2025 and 2026?
• Who can help for free in the Bay Area?
• Questions people ask
• Printables

Can my child go to public school, whatever our status?

Yes. Every child in the United States has the right to a free public education, whatever their immigration status or their parents' status. The U.S. Supreme Court decided this in 1982 in a case called Plyler v. Doe. Some states have tried to limit it since 2024, but it has not been overturned. It is still the law.

California adds its own protections on top:

• School may not ask for papers. Information about citizenship or immigration status is never needed to enroll.
• No Social Security number. A Social Security number or card is never needed to enroll.
• School is required. Children from 6 to 18 generally must be enrolled in school.
• Your child takes part on equal terms. Your child has the right to join every class, sport, club and program without discrimination.
• School is free. A public school may not make your child pay a fee to take part in an educational activity. Supplies, materials and equipment needed for class must be given free. Schools may ask for donations, but your child can't lose credit or privileges if you don't give.

It does not matter whether you, your child or anyone in your home has papers. It does not matter how long you have lived here. The right is the same.

Mistakes to avoid

• Keeping a child home because you think school "isn't for us." It is. School is your child's right and, from age 6, the law.
• Paying a fee for a required class or supplies. Ask the office in writing whether the fee is required. Required class fees are not allowed.
• Telling school staff your immigration status. The school does not need it.

How do I enroll my child?

Bring one paper that shows your child's age and one that shows where you live. That is usually enough to start. For full steps in East Palo Alto, see Every child can go to public school.

To show your child's age, schools can accept a birth certificate from any country, a baptism certificate, a passport, or, if you have none of those, a signed statement from you.

To show where you live, schools can accept papers like a lease or rent receipt, a utility bill, a pay stub, a property tax bill, a letter from a government office, or a signed statement from you. Families don't need to bring every paper on the list. Some districts ask for more than one, so call first.

Also bring, if you have them: shot records, report cards from your child's last school in any country, and any IEP or 504 plan.

Where to go in East Palo Alto

• Transitional kindergarten to 8th grade: Ravenswood City School District. Registration help: call (650) 838-3564 or text (650) 384-7797. Main line (650) 329-2800.
• 9th to 12th grade: Sequoia Union High School District, (650) 369-1411, extension 22395 for enrollment. Online registration for next fall opened October 15 and is due February 1. If you miss it, apply right away. Your child can still enroll, but a spot at your home school is not guaranteed.
• Recently arrived in the U.S.? Sequoia has a Newcomer Family Liaison at (650) 369-1411, extension 22537.

If you have no stable place to live, your child can enroll right away, even without the usual papers or shot records and even after a deadline, under a federal law called McKinney Vento. Every district has a homeless liaison. Ask the office: "Can I talk to your homeless liaison?"

What happens next: the school gives you a short home language survey. If your child speaks another language at home, they may take an English test. See What help does my child get while learning English?

What does the school keep private?

A lot. California schools may not collect a student's or family's citizenship or immigration status, except where state or federal law requires it. Here is what that means day to day.

• Birthplace questions are optional. A school may ask where your child was born or when they came to the U.S., to plan programs like English classes. It must ask separately from enrollment. You don't have to answer, and saying no can't stop your child from enrolling.
• Meal forms. If a meal form asks, a school may ask only for the last four digits of an adult's Social Security number, and must tell you that leaving it blank will not stop enrollment.
• Directory information. Schools may share some basic "directory" facts about students. That list cannot include national origin, citizenship or immigration status.
• Immigration officers. School staff may not give student or family information to immigration officers without a judge's warrant, a judicial subpoena or a court order. An ICE administrative warrant does not let officers search school records.

You can see your child's records. California gives parents an absolute right to see all school records about their child. The school must let you see them or get copies no later than 5 business days after you ask. If something in a record is wrong, misleading or an invasion of privacy, you have the right to question it and get a response from the school.

Steps to see records

1. Write a short, dated request to the principal (see Letters you can copy).
2. Keep a copy, or a photo of the page with the date.
3. Count 5 business days. If you hear nothing, call the district office and say you are following up on a records request.

Mistake to avoid: writing your immigration status on any school form "just to be honest." The school does not need it and may not collect it.

What if immigration agents come to my child's school?

California law puts strong limits on what your child's school can allow. Federal policy changed in January 2025, so agents may come near schools. But the school still may not open its doors, hand over records or let agents question your child just because they ask. For the full guide, see Can immigration agents come to my child's school?

What changed federally. On January 20, 2025, the Department of Homeland Security canceled the old policy that told officers to avoid schools in most cases. ICE now says officers decide case by case.

What California schools must do:

• Closed areas stay closed. Staff may not let an immigration officer into areas closed to the public, like classrooms and offices, for any purpose, without a valid judicial warrant, judicial subpoena or court order.
• No questioning without you. School staff must get a parent's or guardian's consent before an immigration officer interviews or searches a student, unless the officer has a judge's warrant or court order.
• You must be told. The school must tell you right away if an officer asks for access to your child for immigration enforcement, or gets it, unless a warrant or court order says it may not. If the school releases a student to law enforcement to leave campus, it must tell the parent right away.
• A plan to warn parents. Every K to 12 school safety plan must say how the school will tell parents and staff when immigration enforcement is confirmed on campus. Schools had to add this by March 1, 2026.

What you can do this week

1. Ask the principal: "How will you tell parents if immigration agents come to campus?"
2. Check that your phone number and language are right in the school system.
3. Update the emergency contact card (next section).
4. Save your county rapid response line in your phone: San Mateo County (203) 666-4472, Santa Clara County (408) 290-1144. Both answer 24 hours.

If you see agents near a school, don't run and don't block them. Keep your distance, call the rapid response line, and call the school office. You have the right to stay silent, whatever your status. Don't sign anything before you talk with a lawyer. More at If immigration agents come.

Who picks up my child if I cannot?

The person on your emergency contact card. That card is one of the strongest tools you have. Since January 1, 2026, when a school learns a parent is not available, it must first follow the instructions on your emergency contact card. It should not call child protective services unless it cannot arrange care that way. Licensed child care centers and state preschools must follow the same rule.

Do this now

1. Ask the school office for the emergency contact form, or update it in the parent portal.
2. Name two trusted adults who live nearby and answer the phone during the school day.
3. Write who may pick up your child, and who may not.
4. Tell those adults they are on the list. Make sure they can show a photo ID.
5. Do the same at child care, after school programs and sports.
6. Check the card every fall and any time a phone number changes.

Think about a caregiver form. A Caregiver's Authorization Affidavit lets a trusted adult enroll your child in school and handle school matters. It does not give legal custody, and it does not take away your rights as a parent. See How to fill out the caregiver form. For a full plan, see Make a family preparedness plan and Who can care for my children if I am detained.

What to tell your child: who picks them up if you can't, one phone number to know by heart, and to stay with their teacher in any emergency. Keep it calm and simple. If your child is scared, read When your children are afraid of immigration raids.

What help does my child get while learning English?

Your child gets English lessons and support in every class, and you get told how they are doing. You don't have to ask for this. It comes with enrollment.

How it starts

1. Home language survey. You fill this out when you enroll.
2. Initial ELPAC. If your child's main language is not English, the school gives a test called the Initial ELPAC. The school must tell you in writing before the test, and send written results within 30 calendar days of your child's first day.
3. Placement. Children still learning English, called English learners, get lessons focused on English, plus English support inside their other classes like math and science.

Your rights as the parent of an English learner

• You can ask to meet your child's teacher to talk about their progress in English, how they can be "reclassified" as fluent in English, and chances to become bilingual and earn the State Seal of Biliteracy. The school must meet with you within a reasonable time.
• You have the right to get results of your child's state tests, including the English test.
• You have the right to learn what skills your child needs to be reclassified as fluent. Starting in 2026 to 2027, the main test is the Summative ELPAC: a child who reaches overall level 4 can be reclassified on that score alone (see What changed in 2025 and 2026?).

Important: learning English is not a disability. California law says a child whose school needs come mainly from limited English does not qualify for special education for that reason alone. But an English learner can also have a disability. If you think your child struggles for a reason beyond English, ask for an assessment (see the next sections).

Mistakes to avoid

• Thinking English classes mean your child is "behind." Many strong students start as English learners.
• Waiting for report cards. Ask each fall: "Is my child still an English learner? What do they need to be reclassified?"

Can I get school papers and meetings in my language?

Often, yes. Here is what the law says, so you know what to ask for.

• School notices. If 15 percent or more of the students at a school speak one language other than English at home, the school must send notices, reports and records to those parents in that language as well as English. You may answer in English or in your language.
• Bullying and discrimination forms. Forms for complaints about bullying and discrimination must be translated under the same rule.
• IEP meetings. For special education meetings, the school must do whatever is needed so the parent understands, including arranging an interpreter for parents whose first language is not English, and for parents who are deaf.
• Federal civil rights law. Discrimination based on national origin includes discrimination based on a person's limited English or English learner status. The U.S. Department of Education's Office for Civil Rights takes complaints about it.

What to say: "I need an interpreter for this meeting, and I would like papers in Spanish (or your language). Can you set that up?" Ask a few days before the meeting. If the school can't help, ask who in the district can. Don't let your child interpret at a meeting about their own grades, discipline or disability. They are your child, not your interpreter.

What if my child has a disability or is falling behind?

Ask in writing for a special education assessment. It is free, and the law sets a clock once you ask. Your child's immigration status does not matter.

Two kinds of help

• An IEP (Individualized Education Program) is a written plan for a child with a disability who needs special teaching or services. In California, it can cover children from age 3, and younger children who need intensive services, through age 21 for students who have not yet earned a regular high school diploma.
• A 504 plan comes from a federal law called Section 504. It protects students with a physical or mental condition that substantially limits a major life activity, like learning, reading, focusing or walking. It gives changes and supports, such as more time on tests, a seat near the teacher, or help with medicine. Schools must provide this free.

The special education clock in California

1. You ask in writing. Date your letter. Keep a copy. (Letters you can copy.)
2. 15 calendar days: the school must develop a proposed assessment plan within 15 calendar days of receiving your request, not counting days between school terms or school vacation days beyond 5 school days (Education Code 56043). The law speaks of the date the school receives the request, so a dated written request gives you proof of that date.
3. At least 15 calendar days: you get time to read the plan and decide. Ask questions. Sign it when you are ready.
4. 60 calendar days from your signed consent: the school must finish testing and hold an IEP meeting, not counting school breaks of more than 5 school days.
5. At the meeting: the team decides whether your child qualifies and what help they get. The school must give you a copy of the IEP at no cost.
6. After that: the IEP must be reviewed at least once a year. Your child must be reassessed at least every 3 years unless you and the school agree in writing it isn't needed. You can ask for an IEP meeting any time, and the school must hold it within 30 days of your written request, not counting long school breaks.

What to bring to an IEP meeting: report cards, notes from teachers, any doctor or therapist reports, samples of your child's work, and a short list of what you see at home. You may bring people who know your child, like a relative, a counselor or an advocate.

Starting high school. Since July 1, 2025, California says an IEP team, when it fits, should plan for life after school (work, college, living skills) starting when a student begins high school, and no later than age 16.

If you disagree. Tell the team in writing what you disagree with and why. If you still can't agree, California's Office of Administrative Hearings handles special education mediation and due process hearings. It does not give legal advice, but it posts lists of free or low cost special education attorneys and advocates.

Mistakes to avoid

• Asking only out loud. A hallway talk doesn't start the clock. Put it in writing.
• Waiting for the school to notice. You know your child. You can ask any time.
• Thinking an English learner can't be tested. They can, when the concern is more than learning English.
• Missing the meeting. If you can't come, ask for a phone or video meeting, or a new time. The law requires a time that works for both of you.

What if my child is suspended or may be expelled?

California limits when and how long a school can suspend a child, and your child has the right to tell their side first. Stay calm, ask for everything in writing, and act fast.

The rules on suspension

• Only for listed reasons. A school may suspend only for reasons listed in Education Code section 48900, like hurting someone, weapons, drugs, theft or bullying, and only when the act is tied to school or a school activity.
• Other steps first. For most reasons, suspension is allowed only when other ways of correcting behavior have failed, like a parent conference, counseling, a support team, or a restorative justice program. For serious acts like violence, weapons or drugs, a school may suspend on a first offense.
• Not for defiance alone. A child in kindergarten to 5th grade may not be suspended for disrupting class or "willful defiance." Grades 6 to 12 have the same protection until July 1, 2029. There is one exception in the law: under Education Code section 48910, a teacher may remove a student from that teacher's own class for the day and the next day, and must ask you to a parent teacher conference. If your child is suspended for defiance, ask the school in writing which rule it used.
• Not for being absent. A child may not be suspended or expelled just for being truant, late or absent.
• Not for asking for help. Since January 1, 2025, a student who tells the school about their own drug, alcohol or tobacco use to get help may not be suspended just for telling.
• How long. No more than 5 school days in a row, and no more than 20 school days in one school year in most cases.
• A chance to explain. Before a suspension, the principal must hold a short meeting with your child, tell them why, show the evidence, and let them give their side. Only a real emergency allows skipping this first.
• You must be told. The school must try to reach you at the time of the suspension, and must tell you in writing.
• Your child comes back either way. The school may ask you to come to a meeting, and you should go. But your child can't be kept out longer because you could not attend.

If the school talks about expulsion

• Your child has the right to a hearing, usually within 30 school days.
• You must get written notice at least 10 calendar days before the hearing. It lists the charges and your rights.
• You can bring a lawyer or a non lawyer helper, see and copy the evidence, question witnesses, and bring your own witnesses.
• If your child is expelled, you can appeal to the county board of education within 30 days of the decision.

If your child has an IEP or 504 plan. Before a school changes the placement of a student with a disability for discipline, the school, the parents and the IEP team must meet within 10 school days to decide whether the behavior was caused by the disability, or by the school not following the IEP. Ask for this meeting by name: a "manifestation determination."

What to do the day it happens

1. Ask for the reason, the dates and the rule, in writing.
2. Ask what other steps the school tried first.
3. Write down your child's side while it is fresh, with names of any witnesses.
4. Ask for your child's schoolwork during the suspension.
5. If the word "expulsion" comes up, get free legal help right away (see Who can help).

What if my child is bullied or treated unfairly?

Report it in writing, and expect the school to act. California requires every school district to have a policy against discrimination, harassment, intimidation and bullying, including bullying based on immigration status, nationality, race, religion, disability, gender, gender identity or sexual orientation.

What the school must have

• A rule that staff who see bullying or discrimination must step in right away when it is safe.
• A timeline to look into and resolve complaints.
• A way to appeal if you disagree with the result.
• Complaint forms translated when the school's language rule applies.

Steps

1. Keep proof. Dates, names, what was said, screenshots of texts or posts. Don't reply to the bully online.
2. Tell the teacher and principal in writing. Ask: "What will you do, and when will you tell me?"
3. File a formal complaint. A Uniform Complaint Procedures complaint is a written, signed complaint to the district. A typed name in an email counts as a signature. If you can't write it, the district must help you file it. Some complaints can be filed without your name.
4. Know the deadlines. File a bullying or discrimination complaint within 6 months of what happened, or of when you first learned of it. The district can extend that by up to 90 days if you ask in writing with a reason. Most other complaints have a one year limit (5 CCR 4630). The district must send you its written report within 60 days of getting your complaint, unless you agree in writing to more time (5 CCR 4631).
5. Appeal if needed. If you disagree with the district's report, you can appeal in writing to the California Department of Education within 30 days of the report's date. Say why you disagree, and attach your complaint and the district's report (5 CCR 4632). The state must answer an appeal in writing within 60 days in most cases.
6. Outside offices. You can also go to the U.S. Department of Education's Office for Civil Rights. File within 180 days of the last act of discrimination. If you use the district's process first, file with the Office for Civil Rights within 60 days after it ends. For a school that asks about status, turns a child away, or allows bullying because of status, you can contact the California Attorney General's Bureau of Children's Justice. The Bureau looks at wider problems and may send a single family's case to the California Civil Rights Department.

If your child is hurting. Bullying can weigh on a child. See Where your child can get mental health help and How can I help my teen who is struggling emotionally? If you are worried your child may hurt themselves, call or text 988. In a life threatening emergency, call 911.

Are school meals free, and is there food help in summer?

Yes. Every student in a California public school, including charter schools, can get a free breakfast and a free lunch every school day. You don't have to apply. Some schools still send home a meal or income form because it helps the school get funding. Your child gets free meals either way.

Summer: SUN Bucks. California's summer food benefit gives $120 per eligible child for food when school is out (summer 2026). Most eligible children get it automatically. Other families apply through their child's school. Questions: SUN Bucks Helpline, (877) 328-9677.

What are my rights as a parent at school?

You are your child's partner in school, and California law spells out your rights. You have the right to:

• Visit your child's classroom within a reasonable time after you ask.
• Meet with the teacher and principal within a reasonable time after you ask.
• Volunteer at school, under staff supervision.
• Be told quickly if your child is absent without permission.
• Get test results for your child and the school.
• Ask for a particular school. The district must answer, though it doesn't have to say yes.
• A safe and supportive school for your child.
• See the books and materials used in your child's classes.
• Know the school rules in advance, including discipline rules, attendance rules, dress codes and how to visit.
• Be told about psychological testing and say no to it.
• Join parent groups, like the school site council or advisory committees.
• See your child's records and question anything wrong in them.
• Be told early if your child may be held back a grade, talk with the people deciding, and appeal.

Absences that are excused. California excuses absences for illness, including mental or behavioral health, medical and dental visits, a family funeral, and your child's naturalization ceremony. A school can also excuse an absence for "justifiable personal reasons," such as a court appearance or a religious holiday, when you ask in writing and the principal approves. After an excused absence, your child must be allowed to make up the work for full credit.

If you need to be away for an immigration appointment or court date and your child has to come, ask the principal in writing ahead of time.

Mistakes to avoid

• Thinking you can't visit because you don't have papers. Ask the office what it asks of every visitor and volunteer. California schools may not collect your status, except where the law requires it.
• Missing absence calls. Keep your number current so the school can reach you.

What changed in 2025 and 2026?

Only confirmed changes are listed here.

• January 2025: the Department of Homeland Security canceled the federal policy that kept immigration enforcement away from schools in most cases. ICE now decides case by case.
• After January 2025: the U.S. Department of Education formally rescinded its January 8, 2025 letter to schools about equal access for immigrant students. Plyler v. Doe is a Supreme Court decision, and it still stands.
• January 1, 2025: students who tell the school about their own drug, alcohol or tobacco use to get help may not be suspended just for telling. New excused absence reasons also took effect.
• July 1, 2025: IEP teams plan for life after school starting when a student begins high school, when it fits, and no later than age 16.
• September 20, 2025: California signed AB 49 and SB 98. Together with AB 495, they strengthened the school rules on immigration enforcement starting January 1, 2026: no entry to closed areas or records without a judge's order, parent consent before questioning, and a plan to warn parents. Schools had to update their plans by March 1, 2026.
• January 1, 2026: schools and licensed child care must follow your emergency contact instructions first if you are not available.
• April 2026: the California Attorney General published guidance for child care and preschool providers on immigration enforcement.
• Summer 2026: SUN Bucks paid $120 per eligible child.
• September 18, 2026: a new federal public charge rule took effect. See Food help for your family.
• 2026 to 2027 school year: under a new state law, AB 2555, an English learner who reaches the state's score on the Summative ELPAC (overall level 4) can be reclassified as fluent on that score alone. Schools may not add other tests or sign offs. Students are to be reclassified automatically starting with the 2027 to 2028 ELPAC. Students who reclassify are still watched for four years (California Department of Education, reviewed September 28, 2026).

Who can help for free in the Bay Area?

These are free or low cost public offices and nonprofits. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

Your school district

• Ravenswood City School District (transitional kindergarten to 8th grade, East Palo Alto): (650) 329-2800. Registration help: call (650) 838-3564 or text (650) 384-7797. The district also partners with Care Solace for help finding mental health care: (888) 515-0595, 24 hours.
• Sequoia Union High School District (9th to 12th grade): (650) 369-1411. Enrollment extension 22395. Newcomer Family Liaison extension 22537.

Special education and disability

• Family Resource Center of San Mateo County (AbilityPath): a state funded Family Empowerment Center for families of children with disabilities. (650) 259-0189. smcfrc.org
• Parents Helping Parents: the Family Empowerment Center for Santa Clara County and the federal Parent Training and Information Center for a region that includes San Mateo and Santa Clara counties. 408-727-5775. php.com
• Disability Rights California: (800) 776-5746. disabilityrightsca.org
• Office of Administrative Hearings, Special Education Division: mediation, hearings and lists of free or low cost special education attorneys and advocates. dgs.ca.gov/OAH

Legal help

• Community Legal Services in East Palo Alto: (650) 326-6440
• Legal Aid Society of San Mateo County: (650) 558-0915
• More options: Free legal help in the Bay Area

Complaints

• California Attorney General, Bureau of Children's Justice: (800) 952-5225, BCJ@doj.ca.gov, online complaint
• U.S. Department of Education, Office for Civil Rights: how to file

Immigration enforcement near schools

• San Mateo County Rapid Response Hotline: (203) 666-4472, 24 hours
• Santa Clara County Rapid Response Network: (408) 290-1144, 24 hours

Everything else

• 211: free help finding food, housing and other local services. 211: free help finding local services

Only an attorney or a DOJ accredited representative can give you legal advice about an immigration case.

Questions people ask

Can the school ask if my child is undocumented? No. California schools may not collect citizenship or immigration status, except where the law requires it, and status is never needed to enroll. See What protections do immigrant students have in California schools?

Can ICE come into my child's school? Not into closed areas, and not to question your child without your consent, unless the officer has a judge's warrant or court order. See Can ICE come into my child's school?

What should the school do if agents come? Tell the principal, check the officer's ID, not agree to entry of closed areas without a judge's order, and notify you. See What should schools do if ICE comes?

What can I do to protect my kids at school? Update the emergency card with two trusted adults, make a family plan, and know your school's rules. See What can parents do to protect their kids at school?

Does my child need a Social Security number for school? No. Never for enrollment. A meal form may ask for the last four digits of an adult's number, and you can leave it blank.

Is a special education assessment free? Yes. Public schools must provide a free appropriate public education, including assessments, to students with disabilities.

My child is learning English. Can they also get special education? Yes, if they have a disability. Learning English alone is not a disability, but it does not block an assessment for another need.

Can the school suspend my 2nd grader for talking back? Not for disruption or defiance alone. Kindergarten to 5th grade students may not be suspended for that, under California law, with one narrow exception. Ask the school which rule it used.

How many days can my child be suspended? Usually no more than 5 school days in a row and 20 school days in a school year.

Can I see everything the school has on my child? Yes. You have the right to see all school records about your child within 5 business days of asking.

Do I have to pay for school supplies or a field trip? Supplies and materials needed for class must be free. Schools may ask for donations, but your child can't be left out of an educational activity because you didn't pay or donate.

Can I get an interpreter at my child's IEP meeting? Yes. The school must arrange an interpreter so you understand the meeting.

Can my child miss school for my immigration court date? A school can excuse an absence for a court appearance when you ask in writing and the principal approves. Ask ahead of time.

Are school meals still free? Yes. Every public school student can get free breakfast and lunch. For questions about the new public charge rule, read Food help for your family.

Printables

Letters you can copy

Copy one, fill in the blanks, sign and date it. Give it to the principal or office, and keep a copy or a photo.

My school folder

You are your child's first teacher and their strongest voice. Ask the question. Put it in writing. Your child belongs in that classroom, and so do your hopes for them.