SECTION 1. Findings and Declaration
The People of California find and declare as follows:
That they have suffered and are suffering economic
hardship caused by the presence of illegal aliens in this state.
That they have suffered and are suffering personal
injury and damage caused by the criminal conduct of illegal aliens in this
state.
That they have a right to the protection of their
government from any person or persons entering this country unlawfully.
Therefore, the People of California declare their
intention to provide for cooperation between their agencies of state and
local government with the federal government, and to establish a system of
required notification by the between such agencies to prevent illegal aliens
in the United States from receiving benefits or public services in the State
of California.
SECTION 7. Exclusion of Illegal Aliens from Public
Elementary and Secondary Schools.
Section 48215 is added to the Education Code, to read:
(a) No public elementary or secondary school shall
admit, or permit the attendance of, any child who is not an citizen of the
United States, an alien lawfully admitted as a permanent resident, or a
person who is otherwise authorized under federal law to be present in the
United States.
(b) Commencing January 1, 1995, each school district
shall verify the legal status of each child enrolling in the school district
for the first time in order to ensure the enrollment or attendance only of
citizens, aliens lawfully admitted as permanent residents, or persons who
are otherwise authorized to be present in the United States.
(c) By January 1, 1996, each school district shall have
verified the legal status of each child already enrolled and in attendance
in the school district in order to ensure the enrollment or attendance only
of citizens, aliens lawfully admitted as permanent residents, or persons who
are otherwise authorized to be present in the United States.
(d) By January 1, 1996, each school district shall also
have verified the legal status of each parent or guardian of each child
referred to in subdivisions (b) and (c), to determine whether such parent or
guardian is one of the following:
·
A citizen of the United States.
·
An alien lawfully admitted as a permanent resident.
·
An alien admitted lawfully for a temporary period of time.
(e) Each school district shall provide information to
the State Superintendent of Public Instruction, the Attorney General of
California, and the united States Immigration and Naturalization Service
regarding any enrollee or pupil, or parent or guardian, attending a public
elementary or secondary school in the school district determined or
reasonably suspected to be in violation of federal immigration laws within
forty-five days after becoming aware of an apparent violation. The notice
shall also be provided to the parent or legal guardian of the enrollee or
pupil, and shall state that an existing pupil may not continue to attend the
school after ninety calendar days from the date of the notice, unless legal
status is established.
(f) For each child who cannot establish legal status in
the United States, each school district shall continue to provide education
for a period of ninety days from the date of notice. Such ninety day period
shall be utilized to accomplish an orderly transition to a school in the
child’s country of origin. Each school district shall fully cooperate in
this transition effort to ensure that the educational needs of the child are
best served for that period of time. |