“I find it most helpful for summarizing readings and just making really menial and time-consuming tasks a lot easier,” Miglani said. A premium ChatGPT subscriber, he said he regularly checks his math problems with the chatbot, though it often can’t handle the complex equations and concepts used in some of his classes.
Miglani said the preliminary models of ChatGPT were “pretty rudimentary,” struggling to produce quality written answers and useful for mainly short-answer assignments and creating outlines for his essays. Now, ChatGPT and other AI tools, including Microsoft Edge and Gemini, are Miglani’s near-constant companions for homework tasks.
For the first few semesters after ChatGPT’s debut, Miglani said students used it fairly freely without much concern about getting caught, as AI detection software didn’t yet exist. Now that commonly used submission programs like Turnitin allow professors to scan assignments for evidence of AI use, Miglani said he’s been more conscientious about writing essays that won’t be flagged.
“I have not gotten caught using AI yet,” he said. “In fact, now, as I take higher level courses, professors understand that people are going to use AI, and so I have started asking them, ‘Do you approve of AI use in and in what capacity?’”
Some of Miglani’s professors have allowed AI use for research and basic summarization, but many draw the line at using chatbots to generate citations or write essays.
The national rhetoric regarding the value of attending a college or university has reached a fever pitch. Being “better off” goes well beyond politics and the price of milk and eggs or an understanding of how tariffs work. Let’s face it: Education provides opportunity, and making higher education work for everyone must be a priority if we are to be a thriving, civilized society.
Let’s start with the current disruptive notion that poses the discomfiting question: Is a college degree worth it?
Many of us working in postsecondary education felt that question didn’t go far enough in looking for the opportunity to improve in new and better ways when the stakes are higher than ever.
So, we took that question on as a challenge and expanded it to ask: What is college worth, and how do we measure and improve its value, especially for low- and moderate-income learners? Answers to such questions should prove fruitful, especially given that a new Gallup survey reports Californians overwhelmingly value postsecondary degrees or credentials, particularly because of their career-related benefits. Yet, we know that many are hesitant to enroll in college or university because of the perceived unaffordability of earning a credential or degree.
This led our organizations to explore what kind of return on investment higher education institutions — part of a stale, antiquated system that does not always deliver on its promise of economic mobility and equity — provide to their learners. The ensuing report produced more nuanced data to inform continuing conversations on the value of postsecondary education, which, frankly, helps learners and their families make decisions on where they want to make a higher education investment from a value and return-on-investment perspective.
Our first step was to look at the value that California institutions offer their low- and moderate-income learners. We also wanted to know if certain college programs or credentials made a difference.
After all, learners who choose a postsecondary education should end up better off for it, right?
The good news we found was, yes, most students were better off for the most part. The troubling news, though, was that for some students, it was not always, and sometimes, never.
We’ve also learned that sometimes a student’s college major can matter just as much for an economic return-on-investment — if not more — than the institution itself. Some programs provide a strong return, but some offer none whatsoever, even leaving some degree or credential graduates making less than a high school graduate.
For example, we found that almost all programs (97%) offered at public institutions in California show their graduates being able to earn back the costs of obtaining a degree or credential within only five years. Essentially, these graduates earn enough of an “additional income” because of their college degree to make their college program worth it.
And, also impressive, nearly half of public college programs (48%) allow this within one year’s time. Programs at private nonprofit colleges in California generally take students longer, as only 7% enable graduates to recoup their costs within 12 months. And worrisomely, for-profit colleges show their graduates struggling to recoup their college costs, and nearly a fifth of their programs (17%) show no economic return whatsoever.
This work is not a denouncement of any specific program or desired area of study, but rather an opportunity for further research to understand why and how these institutions and college programs produce these outcomes and where there may be policy and practical implications.
A simple example of such a practical change may be for institutions to provide a clearer picture to students before they enroll of how much a specific program will cost — and provide information on how much former students typically earn. Another may be more geared toward college administrators to ensure that they are equipping students with the right skills — and necessary credentials — to pursue and succeed in careers within the geographic region where the institution is located.
Institutional leaders and elected officials must lean into discussions that are happening right now about the value of a college education and how it ties to learners’ futures and where improvements can happen.
While more questions must be answered — and more research will follow — one thing has become abundantly clear: Our higher education system can no longer be enabled by a “this is the way we do things” mentality in places where it is not working.
Postsecondary attainment must be tied to value, economic mobility and equity, as this is essential to creating a higher education system that drives a robust, inclusive economy that works for all Californians.
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Eloy Ortiz Oakley is president and CEO of College Futures Foundation, whose mission is based on a belief in the power of postsecondary opportunity.
Michael Itzkowitz is founder and president of the HEA Group, a research and consulting agency focused on college access, value, and economic mobility.
The opinions expressed in this commentary represent those of the authors. EdSource welcomes commentaries representing diverse points of view. If you would like to submit a commentary, please review our guidelines and contact us.
EdSource receives funding from many foundations, including The College Futures Foundation. EdSource maintains sole editorial control over the content of its coverage.
The international students office at Grossmont College in El Cajon,.
Amy DiPierro
Top Takeaways
About 14,000 international students attend California’s community colleges, many of them in the Bay Area.
Community colleges charge international students as much as 10 times resident tuition.
The Trump administration said it is restoring abruptly revoked international student visas, but anxiety persists.
As Kaung Lett Yhone finished high school at home in Myanmar, he knew he wanted to go to college in the U.S. So to find the perfect fit, he did what anyone would do: He searched online.
“I looked up on Google, ‘best community college,’ and De Anza showed up as No. 1,” he said. So he soon enrolled at De Anza College, a two-year school located in Cupertino, in the heart of Silicon Valley, which has an international reputation for preparing students for transfer into their dream universities.
Yhone, a biology student, plans to transfer from De Anza to a four-year institution next fall. He has his sights set on two San Francisco Bay Area gems — Stanford or, failing that, Berkeley — just as international students are getting more scrutiny than ever from the Trump administration, provoking anxiety among them.
Yhone is one of 14,000 international students enrolled in California’s community colleges as of fall 2023, with the largest shares clustered at institutions in the Bay Area. Public two-year colleges, though better known for educating U.S. students from their immediate area, enrollroughly 12% of international students in California. Some community colleges have made overseas recruiting a specialty, as a way to boost tuition revenue and add cultural variety to their campuses.
International enrollment attracts more attention at higher-profile bachelor’s degree-granting campuses such as the University of Southern California and UC San Diego. Some people are surprised to learn that community colleges have substantial numbers.However, more international students attended community colleges in California in the 2023-24 school year than in any other state.
But with the Trump administration’s visa policies possibly discouraging their enrollment, the number of international students who will re-enroll next school year is an important question for California community colleges. Some community colleges, like De Anza, now depend on international students for as much as 7% of enrollment.
Media reports estimate that as many as 4,700 international students nationwide have had their visas abruptly revoked in recent weeks, including more than a dozen California community college students. In what appears to be a reversal, the Trump administration shifted and said it will reactivate those visas pending a new framework for visa terminations. But anxiety remains among college staff who work most closely with them.
“You have no idea how nervous I am,” said Nazy Galoyan, De Anza College’s dean of enrollment services and head of international student programs, before news of the Trump administration’s reversal broke. “To go to California and Silicon Valley and get your education, that’s something that is absolutely a dream, right? And students really work hard toward that. What we’re going through, I don’t know, that dream might be jeopardized.”
Galoyan’s college has experienced the student visa crackdown firsthand. De Anza enrolls 1,100 international students, according to federal data for fall 2023. And at least six had their F-1 visa records terminated in the initial round of Trump administration actions. It’s not alone among community colleges in having visas canceled. Santa Monica College, which enrolls almost 1,700 international students, reported seven visa terminations.
In interviews, international students at California community colleges were happy to explain why they came to school here, but declined time and again to discuss the threat of visa terminations.
Some community colleges could feel the effects of a student visa crackdown even if their students are not directly impacted or are granted a reprieve after having a visa revoked.
There is “no indication that it will become any easier for international students to gain new visas, and the chaos caused by the government’s revocation and later reversal will likely cause even more turmoil and unease in the international student community,” said Carrie B. Kisker, a director of the Los Angeles-based nonprofit Center for the Study of Community Colleges, in an email. “Without clear guidance on what international students can expect in the coming months and years, I don’t think that the government’s about-face will ease any concerns about the U.S. being a safe and welcoming place to study.”
Non-resident tuition, diversity and ‘a little bit of prestige’
In international students, community colleges see a source of higher tuition, diversity and “even a little bit of prestige,” said Linda Serra Hagedorn, a professor emeritus at Iowa State University who has studied the role of international students in community colleges.
De Anza College is among those that have cultivated students from overseas. Many enroll from Asian countries, including China, Japan and South Korea. But the college also gets students from Europe, Africa and Latin America — “from everywhere,” said Galoyan, who makes two trips annually to recruit students abroad, one to central Asia and another to Armenia, Azerbaijan and Georgia.
Nuri Illini Ahmad, who graduated from the College of San Mateo in 2019, came across the Bay Area community college while attending a recruitment fair in her home country, Malaysia. New York University and George Washington University were advertising their campuses, too, but she thought the San Mateo campus would be a better fit for her budget and interest in studying media. There was even a Malaysian student featured in the college flyer.
“We got in contact with the student, and then somehow, that person ended up being one of my closest friends as well,” she said.
International students at De Anza pay $276 per unit. At Santa Monica College, they and other nonresidents pay a total of $444 per unit — nearly 10 times as much as California residents.
But from the perspective of international students, a California community can still be a bargain. An international student on track to graduate from Santa Monica College in two years would pay $13,320 in tuition a year, assuming they don’t get any scholarships or other discounts. The same non-resident student would pay $19,770 at a California State University (CSU) campus, $50,328 at a University of California (UC) campus and $73,260 at the University of Southern California without financial aid.
Eyeing a path to top-tier universities — and, perhaps, a day at the beach
In brochures and other marketing materials, community colleges around California paint a glittering portrait of what it’s like to be an international student on their campus.
Irvine Valley College, which enrolled about 550 international students as of fall 2023, seeks to beguile prospective international students with a promotional video. “A lot of international students dream of graduating from a UC or top private university. Whatever you choose, your future starts at Irvine Valley College,” an unseen narrator intones, before the video cuts to a series of testimonials from international students. “You’ll enjoy great weather year round and world-class shopping, culture and beaches are nearby.”
Grossmont College in El Cajon, with almost 190 international students last school year, has its own promotional video interspersing images of nearby downtown San Diego and Balboa Park. Among other perks, a Grossmont website touts small classes and “camping in the desert, kayaking in San Diego Bay, and barbeques at the beach.”
Community colleges also pitch their campuses to international students as a less expensive route to a four-year degree, a place to fine-tune English language skills and prepare for bachelor’s degrees from prestigious institutions.
In fall 2024, De Anza College students who applied to aUniversity of California campus had an 81% acceptance rate; Diablo Valley and Irvine Valley students were not far behind, with roughly 80% and 79% acceptance rates to UC, respectively.
Dinara Usonova, a business major at De Anza, decided in high school in Kyrgyzstan to apply to U.S. community colleges rather than go straight to a four-year university. That, she believed, would allow her to adjust to the American higher education system and give her time to improve her English before attending a university. The cost was also attractive to Usonova, who pays rent and other living expenses on her own.
Usonova has been admitted to Berkeley and is waiting to hear from additional universities before deciding where to transfer this fall.
“Going to community college, paying cheaper tuition and getting all these kinds of experiences and building my foundation, I think it was a great choice,” she said.
‘I feel so much at home’
Statewide, international students at community colleges contributed $591 million to the California economy last school year, according to an analysis by NAFSA, a nonprofit association for higher education professionals who work with international students.
Santa Monica College’s international students added an estimated economic value of $56 million and another 245 jobs, NAFSA found.
Santa Monica’s international students, who are from about 100 different countries, contribute significant non-resident tuition revenue to the campus, said Pressian Nicolov, the college’s dean of international education, in an email. Losing those students and the nonresident tuition they bring “would result in a significant impact on college programs and, ultimately, on all students.”
But the loss of international students would not just be financial, he said.
“There would be fewer opportunities to engage with global viewpoints, fewer opportunities for domestic students to develop life-changing cross-cultural friendships and learn about diverse cultures,” Nicolov said.
Nuri Illini Ahmad, second from right, and other Malaysian MARA Scholars in their traditional clothing at the College of San Mateo’s 2016 World Village.Courtesy of Nuri Illini Ahmad
International students provide “huge value” to campus culture, Galoyan at De Anza added. Many experience culture shock when they first arrive, but most adapt and become active in the community, joining clubs and even the student government.
That’s the case for Yhone, who is the legislative liaison for the Inter Club Council, a coordinating body for more than 60 student clubs at De Anza. Since enrolling, he has also helped to reactivate two clubs: the De Anza Red Cross and the Business Information Technology Club.
“There are so many opportunities, so many clubs to expose yourself to here,” Yhone said.
Ahmad,the student who finished at San Mateo, succeeded in earning a four-year degree from a U.S. college — and then some. She earned a bachelor’s degree at San Francisco State University, then advanced to a master’s program at Columbia University.
For now, Ahmad is watching the U.S. from London, where she’s seeking work as a freelance video producer after a job in New York ended abruptly, forcing her to leave the country. If she were a high school senior today, she said, she would probably start college in the U.S. all over again. “I know it sounds weird saying this,” she said, “but I feel so much at home when I was there.”
Social worker Mary Schmauss, right, greets students as they arrive for school in October Algodones Elementary School in Algodones, New Mexico.
Credit: Roberto E. Rosales / AP Photo
After missing 40 days of school last year, Tommy Betom, 10, is on track this year for much better attendance. The importance of showing up has been stressed repeatedly at school — and at home.
When he went to school last year, he often came home saying the teacher was picking on him and other kids were making fun of his clothes. But Tommy’s grandmother Ethel Marie Betom, who became one of his caregivers after his parents split, said she told him to choose his friends carefully and to behave in class.
He needs to go to school for the sake of his future, she told him.
“I didn’t have everything,” said Betom, an enrolled member of the San Carlos Apache tribe. Tommy attends school on the tribe’s reservation in southeastern Arizona. “You have everything. You have running water in the house, bathrooms and a running car.”
A teacher and a truancy officer also reached out to Tommy’s family to address his attendance. He was one of many. Across the San Carlos Unified School District, 76% of students were chronically absent during the 2022-23 school year, meaning they missed 10% or more of the school year.
Years after Covid-19 disrupted American schools, nearly every state is still struggling with attendance. But attendance has been worse for Native American and Alaska Native students — a disparity that existed before the pandemic and has since grown, according to data collected by The Associated Press.
Out of 34 states with data available for the 2022-2023 school year, half had absenteeism rates for Native students that were at least 9 percentage points higher than the state average.
Many schools serving Native American students have been working to strengthen connections with families who often struggle with higher rates of illness and poverty. Schools also must navigate distrust dating back to the U.S. government’s campaign to break up Native American culture, language and identity by forcing children into abusive boarding schools.
History “may cause them to not see the investment in a public school education as a good use of their time,” said Dallas Pettigrew, director of Oklahoma University’s Center for Tribal Social Work and a member of the Cherokee Nation.
With the vast majority of students at Algodones Elementary School in New Mexico residing at San Felipe Pueblo, the school and the Bernalillo school district are making efforts to turn that around the high rates of school absenteeism in Native American communities. Pictured are Kanette Yatsattie , 8 , left, and his classmate Jeremy Candelaria, 10, hanging out by a board depicting the race for best attendance at the school on Tuesday Oct. 1, 2024.Credit: Roberto E. Rosales / AP Photo
On-site health, trauma care helped bring students back
The San Carlos school system recently introduced care centers that partner with hospitals, dentists and food banks to provide services to students at multiple schools. The work is guided by cultural success coaches — school employees who help families address the kind of challenges that keep students from coming to school.
Nearly 100% of students in the district are Native, and more than half of families have incomes below the federal poverty level. Many students come from homes that deal with alcoholism and drug abuse, Superintendent Deborah Dennison said.
Students miss school for reasons ranging from anxiety to unstable living conditions, said Jason Jones, a cultural success coach at San Carlos High School and an enrolled member of the San Carlos Apache tribe. Acknowledging their fears, grief and trauma helps him connect with students, he said.
“You feel better, you do better,” Jones said. “That’s our job here in the care center is to help the students feel better.”
Jason Jones, cultural success coach and care center manager, talks about the care center at San Carlos High School on Aug. 27 in San Carlos, Arizona. (AP Photo/Ross D. Franklin)Credit: Credit: Ross D. Franklin / AP Photo
The Rice Primary School Care Center in San Carlos, Arizona. (AP Photo/Ross D. Franklin)Credit: Ross D. Franklin / AP Photo
In the 2023-2024 school year, the chronic absenteeism rate in the district fell from 76% to 59% — an improvement Dennison attributes partly to efforts to address their communities’ needs.
“All these connections with the community and the tribe are what’s making a difference for us and making the school a system that fits them rather than something that has been forced upon them, like it has been for over a century of education in Indian Country,” said Dennison, a member of the Navajo Nation.
In three states — Alaska, Nebraska, and South Dakota — the majority of Native American and Alaska Native students were chronically absent. In some states, it has continued to worsen, even while improving slightly for other students, as in Arizona, where chronic absenteeism for Native students rose from 22% in 2018-19 to 45% in 2022-23.
AP’s analysis does not include data on schools managed by the U.S. Bureau of Indian Education, which are not run by traditional districts. Less than 10% of Native American students attend BIE schools.
Schools close on days of Native ceremonial gatherings
At Algodones Elementary School, which serves a handful of Native American pueblos along New Mexico’s Upper Rio Grande, about two-thirds of students are chronically absent.
The communities were hit hard by Covid-19, with devastating impacts on elders. Since schools reopened, students have been slow to return. Excused absences for sick days are still piling up — in some cases, Principal Rosangela Montoya suspects, students are stressed about falling behind academically.
Staff and tribal liaisons have been analyzing every absence and emphasizing connections with parents. By 10 a.m., telephone calls go out to the homes of absent students. Next steps include in-person meetings with those students’ parents.
“There’s illness, there’s trauma,” Montoya said. “A lot of our grandparents are the ones raising the children so that the parents can be working.”
About 95% of Algodones’ students are Native American, and the school strives to affirm their identity. It doesn’t open on four days set aside for Native American ceremonial gatherings, and students are excused for absences on other cultural days as designated by the nearby pueblos.
Second grade teacher Lori Spina taking a photo of her class for her newsletter in October at Algodones Elementary School in Algodones, New Mexico. (AP Photo/Roberto E. Rosales)Credit: Roberto E. Rosales / AP Photo
Principal Rosangela Montoya waves goodbye to parents as students arrive at Algodones Elementary School in Algodones, New .Mexico. (AP Photo/Roberto E. Rosales)Credit: Roberto E. Rosales / AP Photo
With the vast majority of students at Algodones Elementary School in New Mexico residing at San Felipe Pueblo, the school and the Bernalillo school district are making efforts to turn around the high rates of school absenteeism in Native American communities. Pictured is a third grade class in October.Credit: Ross D. Franklin / AP Photo
For Jennifer Tenorio, it makes a difference that the school offers classes in the family’s native language of Keres. She speaks Keres at home, but says that’s not always enough to instill fluency.
Tenorio said her two oldest children, now in their 20s, were discouraged from speaking Keres when they were in the federal Head Start educational program — a system that now promotes native language preservation — and they struggled academically.
“It was sad to see with my own eyes,” said Tenorio, a single parent and administrative assistant who has used the school’s food bank. “In Algodones, I saw a big difference to where the teachers were really there for the students, and for all the kids, to help them learn.”
Over a lunch of strawberry milk and enchiladas on a recent school day, her 8-year-old son, Cameron Tenorio, said he likes math and wants to be a policeman.
“He’s inspired,” Tenorio said. “He tells me every day what he learns.”
Home visits change perception of school
Velma Kitcheyan, a third grade teacher at Rice Intermediate School, instructs her students in San Carlos, Arizona. (AP Photo/Ross D. Franklin)Credit: Ross D. Franklin / AP Photo
Rice Intermediate School Principal Nicholas Ferro walks to a classroom at Rice Intermediate School in San Carlos, Arizona.Credit: Ross D. Franklin / AP Photo
In Arizona, Rice Intermediate School Principal Nicholas Ferro said better communication with families, including Tommy Betom’s, has helped improve attendance. Since many parents are without working phones, he said, that often means home visits.
Lillian Curtis said she was impressed by Rice Intermediate’s student activities on family night. Her granddaughter, Brylee Lupe, 10, missed 10 days of school by mid-October last year but had missed just two days by the same time this year.
“The kids always want to go — they are anxious to go to school now. And Brylee is much more excited,” said Curtis, who takes care of her grandchildren.
Curtis said she tells Brylee that skipping school is not an option.
“I just told her that you need to be in school, because who is going to be supporting you?” Curtis said. “You’ve got to do it on your own. You got to make something of yourself.”
The district has made gains because it is changing the perception of school and what it can offer, said Dennison, the superintendent. Its efforts have helped not just with attendance but also morale, especially at the high school, she said.
“Education was a weapon for the U.S. government back in the past,” she said. “We work to decolonize our school system.”
Lee reported from Santa Fe, New Mexico, and Lurye reported from New Orleans. Alia Wong of The Associated Press and Felix Clary of ICT contributed to this report.
With the vast majority of students at Algodones Elementary School in New Mexico residing at San Felipe Pueblo, the school and the Bernalillo school district are making efforts to turn around the high rates of school absenteeism in Native American communities. Pictured are Kanette Yatsattie , 8 , left, and his classmate Jeremy Candelaria, 10, hanging out by a board depicting the race for best attendance at the school on October.
Credit: Roberto E. Rosales / AP Photo
As chronic absences have steadily decreased in California schools, the rate among Native American students remains consistently higher.
Persistent high chronic absence rates have resulted in schools increasing their focus on addressing students’ basic needs, emphasizing mental health support, and boosting outreach efforts to reconnect with students amid the fallout from the Covid-19 pandemic, which closed California public schools beginning March 2020 and didn’t reopen until spring 2021.
Many Native American youth face challenges similar to other marginalized communities — such as poverty, systemic discrimination and poor health — but often with the added barrier of historical mistrust in state school systems due to the lingering impacts of removing Native American youth from their communities and confining them to federal boarding schools.
“With quite a few of our Native American learners, we’ve recognized that there has been a lot of trauma in the family,” said Heather Golly, superintendent of Bonsall Unified in San Diego County. “It affects everyone in the family when there is trauma.”
Chronic absence is defined as missing 10% or more of students’ expected attendance, whether for excused or unexcused reasons. For students on a typical 180-day school calendar, this totals to about one month of missed school in a given year. High chronic absentee rates concern educators and researchers alike as they reflect a significant loss of instructional time.
Chronic absenteeism among Native American students during the 2023-24 school year was much higher, at 33%, than the statewide rate of 20.4%, according to data from the California Department of Education (CDE). The statewide chronic absenteeism rate has been declining for Native American students since 2021-22, when numbers peaked at 43.6%.
The absentee rate disparity did not start with the Covid pandemic: The pre-pandemic rate of chronic absences was 21.8% for Native American students and 12.1% for all students.
The state Education Department recently published its annual School Dashboard, which shows lower rates for chronic absenteeism statewide because it includes only grades K-8. The state education data used throughout this story includes all grades, from TK to 12.
Every Native American student is a direct descendant or relative of someone who attended federal boarding schools from the mid 1800s until the mid 20th century, according to Ashley Rojas, policy director for Indigenous Justice. Native American students forced to attend boarding schools had their language, culture and family stripped from them, and Rojas sees echoes of that in contemporary American public schools.
Rojas said that every year, she hears from students who are taught the history of California statehood or missions in a way that erases Native American perspectives. She noted there are still many schools with mascots based on stereotypes of Native American people. Even though it is against California law, Native American students tell Rojas about being barred by their school administration from representing their heritage and spirituality during graduation.
“Every year, we deal with districts trying to remove this right from our young people, trying to tell them, ‘You can’t wear your feathers, you can’t wear your beads. You must fit into our image of a graduate,’” Rojas said. “Given the historical and ongoing traumatization of our students and communities by these systems, we just can’t stand for that.”
About 26,000 or about 0.4% of the state’s nearly 6 million students enrolled in public K-12 schools, including charter and alternative schools, are Native American. This number is likely an undercount because Native Americans are much more likely than any other group to identify themselves as belonging to two or more races, according to the Brookings Institute. They may be counted alongside other multiracial students with different backgrounds.
State education law lists several reasons for excusing students, but most excused absences, school officials say, are related to illness and mental health.
Native American students in California missed an average of 18.5 days of school in 2023-24 — more than any other race or ethnicity. Unlike the average California student, their absences were more likely to be unexcused than excused, according to the CDE, an issue pervasive across the state as noted in a recent PACE report.
Unexcused absences often mean students lacked documentation such as a note from a doctor or they provided no reason for their absence, or the reason they provided does not qualify as an excusable absence. A student can be labeled truant after more than three unexcused absences in one school year.
While all absences can hamper students in their academic and personal development given the loss of instructional time, only truancy involves the potential for punitive measures for parents, such as fines and jail time.
Colonization and repression has meant that many surviving Native American students are disconnected from their heritage and communities, said Rojas. But those who are still engaged with their communities will partake in spiritual ceremonies that include communal dancing, praying and time with elders. These holidays aren’t acknowledged by California school calendars, so students can rack up unexcused absences, putting them at risk of being considered criminally truant.
“When your school already makes you feel like you don’t belong, and then they’re going to punish you for going to the only places that you do belong, it’s really going to be difficult to convince a young person that it’s important to be there,” Rojas said.
Absences reflect remnants of traumatic history
Chronic absences are often the result of systemic challenges, such as inconsistent transportation, food instability, violence in the home, homelessness, undiagnosed disabilities and more. Higher rates of suspensions are also a factor. Out-of-school suspensions for Native American students accounted for 1.5% of absences compared with the state average of 0.9%.
Some of the highest chronic absence rates for Native American students in the state are along the state’s Northern coast. In Humboldt County, a larger proportion of students are Native American — 8.7% compared to 0.4% statewide — and 55.4% of them were chronically absent last year, compared with 27.3% countywide.
“Failing Grade: The Status of Native American Education in Humboldt County,” a report published by the American Civil Liberties Union (ACLU) Northern California and the Northern California Indian Development Council, examined the county’s “egregious” disparities in chronic absenteeism, as well as academic performance and discipline, noting that the troubled and violent history of federal boarding schools has left a lasting imprint on Native American communities in Humboldt.
The boarding schools, operated nationwide for about 150 years up until at least 1969, had a practice of separating Native American children from their families, cutting them off from their communities and cultures.
Some of the documented forms of abuse include solitary confinement, withholding of food, prohibiting Indigenous languages and cultural practices, and more. A report from the U.S. Department of the Interior in July found that nationwide, at least 973 Native American students died while at boarding schools, though the number is considered an undercount.
Federal boarding schools were “specifically designed to erase Native American people and Native American culture,” said Colby Smart, deputy superintendent of the Humboldt County Office of Education. “That doesn’t go away in one year, and it doesn’t go away in one generation.”
Native American communities today are still facing serious problems — including the legacy of colonization — that can contribute to chronic absentee rates among students. In Humboldt County, 75% of Native American students are socioeconomically disadvantaged, according to the California Department of Education. Smart also pointed to high suicide rates, substance abuse, health problems and poverty in local Native American communities.
Klamath-Trinity Joint Unified is located in Hoopa, a small town that is the site of the Hoopa Valley Tribe’s federal reservation and the former home to one of a dozen federal boarding schools in California.
The district has 774 Native American students, which is not just the majority of the district but more Native American students in a district than any other in the state. During the 2023-24 school year, 70% of these students were chronically absent, and Native American students missed an average of 36 days.
Notably, the most recent data shows that the opposite occurred in Klamath-Trinity Joint Unified, where it increased by 7 percentage points between 2023-24 and the year prior.
Partnerships with tribes offer solutions
High chronic absentee rates do not signal that Native American communities don’t value school or education, according to Rojas with Indigenous Justice.
“Indigenous people are super pro-education, but they just want to be sure that what is being learned is not going to cause further harm,” Rojas said.
A key factor in ensuring Native American students feel welcome and engaged at school is working in partnership with local Native American communities. There are large Native American communities in the Central Valley and Del Norte where students don’t have access to the same resources as Native American students in Humboldt County, where the Yurok Tribe is more politically engaged.
The Humboldt County Office of Education aims to help local districts tackle high chronic absentee rates through “pull” factors that engage parents and students, and make them feel welcome, even excited to attend school. For instance, local high schools offer the Indigenous language Yurok as a class that puts students on track for college, while connecting them with their heritage.
“If students feel like they belong, not only do kids go to school more, but their academic outcomes improve,” Smart said.
Culturally relevant curriculum can be an important way to engage Native American students, Smart said. The Humboldt County Office of Education is partnering with the San Diego County Office of Education as well as over 100 California tribes, Native American organizations and scholars to develop a state curriculum model for Native American studies. This curriculum is expected to be released next September.
In this curriculum, kindergartners might count acorns, a dietary staple, while learning the Yurok language; a middle school student can learn about traditional foods of Native Californians, while a high school student may study federal boarding schools.
In northern San Diego County, Bonsall Unified and the Pala Band of Mission Indians entered a partnership last year to better support Native American students. The agreement allows the district to share attendance information with key tribal leaders and hold joint meetings to discuss potential support for students and their families, all to increase school attendance.
If a student is missing school due to inconsistent transportation, the tribe might offer to sponsor the students’ bus fee. There is a new position in the works, a Pala attendance support specialist, whose job will include making home visits to chronically absent students and offering solutions based on each student’s needs.
During 2023-24, Bonsall Unified improved its chronic absence rates among Native American youth across all grades to 41% from a high of 50.9% in 2021-22.
The improvements have not only come from the agreement, which was spearheaded by district trustee Eric Ortega and Chairman Robert H. Smith of the Pala Band of Mission Indians, but from the groundwork that was laid over the course of several years.
About eight years ago, Bonsall Unified schools began hosting Pala Valley Day, an annual event for students to learn about local Native American history, with some of the presentations being made by Native American students.
Efforts since then have continued to foster a sense of belonging among Native American students. Middle and high school students recently took a field trip to visit the American Indian Studies department at Cal State San Marcos, and there is a mural in the works that will feature Native American students.
“When they belong — when they feel like they belong — they’re more in tune with being happy to be there and wanting to be there,” said Ortega about the district’s Native American students.
Many Native American students have faced challenges like inconsistent transportation, lack of tutoring and the need for counseling, which most other students statewide have also experienced in recent years.
In increasing their focus on collaboration with the Pala Band of Mission Indians, Golly and her staff have also found that students and their families are much more receptive to accepting support when offered by their tribal community.
As chronic absences steadily decrease, Golly attributes much of the success of those partnerships to the support from tribal leaders such as Chair Smith, who she said is “a wonderful partner, and he believes strongly in the power of education.”
The district also established a Native Learner Advisory Committee that schedules its meetings on the Pala reservation. They coordinated with the Pala learning center and with the tribal council to ensure meetings were scheduled at a time when more people can attend.
Golly, district superintendent, said it has been important for the district to show it is listening to requests from their Native American families, as well as returning to committee meetings “with something actionable” in response to feedback.
More recently, at an all-staff meeting, a panel of five Native American students presented to the entire certificated staff, sharing what they want their teachers to know about their culture, when they feel like they belong, and when they feel they don’t belong.
As Ortega put it, building trust is ongoing work that requires time and collaboration at multiple levels, from school leaders to tribal leaders to parents.
“We are right on the precipice of what we’re doing, and so anything can make it go wrong. It’s not perfect, but we want this to be our culture, our way of life,” he said about the partnership. “The more and more we do it, the more positive results we have, the better we’re going to be.”
EdSource data journalist Daniel J. Willis contributed to this report.
Students walk to class during passing periods at Pacifica High School, which is part of the Oxnard Union High School District.
Credit: J. Marie / EdSource
Last year, a Washington Post investigation identified more than 200 school police officers across the country “who were charged with crimes involving child sexual abuse from 2005 through 2022.”
There are at least two ongoing court cases involving allegations of sexual misconduct against former school resource officers in California.
James Louis, who worked as a resource officer at Rodriguez High School in Solano County, was arrested on March 8, 2024, after parents told police that he had texted sexual images and messages to two students.
Solano County prosecutors charged Louis with “sending, distributing, or exhibiting harmful or obscene material to a minor,” court records show. Louis is free on bail. His attorney declined to comment. The Fairfield Police Department, which had employed Louis and assigned him to the high school, would not say whether he resigned or was fired after his arrest.
In Orange County, former deputy sheriff and resource officer Justin Raymond Ramirez pleaded guilty in 2023 to misdemeanor charges that he showed students at Trabuco Hills High School a video of a couple having sex that ended with a woman’s violent death. One of the students and her family are now suing Ramirez, the county, and the county sheriff for extreme emotional distress.
The state Peace Officer Standards and Training Commission stripped Ramirez’s policing certification last year, a move that permanently bans him from working as a law enforcement officer in California.
After Ramirez’s arrest, Orange County District Attorney Todd Spitzer issued a statement saying, “School resource officers are in our children’s schools to ensure a safe learning environment and help build trust between law enforcement and our community. Ramirez had no business being in a position of trust around children, and he abused that position of trust in a truly disgusting way.”
The county and Sheriff Dan Barnes are also defendants in the lawsuit. Neither responded to requests for comment, and attempts to reach Ramirez were unsuccessful. Court records show he does not have an attorney for the civil case.
In December, after the Washington Post published its investigation, the U.S. Justice Department revised its recommendations for school resource officer programs and called for schools and law enforcement agencies to “develop clear policies and procedures about interpersonal contacts” between resource officers and students, including about touching, social media contacts, emails, cards and after-school interactions.
The Justice Department also recommends that “officers should take extra precautions to avoid any appearance of impropriety.”
A spokesperson for the National Association of School Resource Officers, which provides training for law enforcement, said that it is updating its recommendations to reflect the Justice Department’s recommendations.
Teaching is often pegged as being an exhausting profession.
When I first became a teacher, I was constantly exhausted by the end of the day. As a budding teacher, I had a mentor who always brought up thought-provoking questions, allowed me to struggle in order to grow, and guided me as an effective mentor should.
Now, as a veteran teacher myself, one thing he told me really stuck with me: At the end of the day, the kids should be exhausted, not you.
When I first heard this, I didn’t really understand the significance of it. As time passed, and my teaching style evolved, I realized how right he was. Being a teacher means having a passion for the content and the kids. This can create a slippery slope of wanting to be the perfect teacher — the one showcased on social media and paraded by their district. But striving to be the perfect teacher can sometimes overshadow the real purpose of teaching: allowing the students to grow and shine.
As a first-year teacher, I felt like I needed to talk the entire period in order to be most effective. The truth is, the less I talked, the more students were encouraged to talk. When students are talking, the learning becomes more meaningful. Getting students to talk, research, write and share their ideas is going to exhaust them in the best way possible. The period will fly and opinions will be formed, changed and formed again. Getting students to talk, debate topics and see others’ perspectives is how meaningful and authentic learning occurs.
But, had you told me that during my first year of teaching, I would have brushed you off and claimed that it wouldn’t be feasible in a science classroom. Now, as a veteran teacher, I am happy to say that it works wonderfully in a science classroom, and I’m willing to bet it would work in any classroom or content area. I’ve created a few steps that you can explore to encourage student discourse.
Start small. In the first week of school, I always play a 10-minute game of “would you rather?” Students all stand up, much to their dismay, and I present them with two choices.These choices are silly, gross and downright stupefying. Students opting for choice 1 go to the right of the room, choice 2 go to the left. Then, I call on a few students to explain their choice. This silly game just created a small foundation in the classroom, one built on openness and encouraging discussion.
Be consistent. Each topic we learn, no matter what the content area, has room for debate. One topic I like to bring up is whether humans should create and maintain animal sanctuaries. At first glance, the topic doesn’t seem that controversial. However, once you take into account who pays for the services, the land used for them or the importance of keeping wild animals wild, the conversation naturally flows. By the end of the class, the students are hooked and want the conversation to continue. Each week, students read articles of high rigor to support or refute their stance. This creates the buy-in teachers are always looking for.
Allow all voices to be heard. When you create a classroom environment of open discussion, you have to be prepared for disagreement. Setting the stage for all voices to be heard, as long as they’re respectful, is vital to making a safe learning environment. Set the expectations, keep them consistent and allow all students to share their opinions on the topic. Encouraging them to make arguments based on evidence from the text or visual aids will take the learning even deeper.
Students are used to sitting in a classroom, filling out the worksheet, and moving on throughout their day. There is a huge difference between compliance and engagement. It is beautiful to take the same content, make it engaging and get students thinking hard. Students, no matter where they are academically or socially, have opinions. Sharing their views while using evidence will open doors and expand their understanding of the world around them. So, by the end of the day, are you exhausted or are your students?
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Kati Begen is a high school biology educator and credential coach in Fresno. She is currently working on her doctorate in curriculum and assessment at Southern Wesleyan University. More articles by Kati Begen.
The opinions in this commentary are those of the author. If you would like to submit a commentary, please review our guidelines and contact us.
California showed progress in some areas, such as health insurance, school discipline and absenteeism.
Allison Yin/EdSource
Top takeaways
Bill seeks to repeal criminal misdemeanor offense of state’s truancy law
CalWORKs sanctions over student truancy would be replaced by screenings for resources and access to work program
Districts in recent years appear less likely to lean on punitive measure to address unexcused student absences
In 2011, when criminal penalties were first tied to truancy, five parents in Orange County were arrested for their children’s truancy. Other counties similarly chose the punitive approach over the years, with Merced County initiating an anti-truancy push in 2017 that included the arrest of 10 parents. Those parents were charged with misdemeanors, contributing to the delinquency of a minor.
If a proposed bill is passed this legislative session, jail time and fines of up to $2,000 for parents of truant students could soon be eliminated in California.
Assembly Bill 461, introduced by Assemblymember Patrick Ahrens, D-Silicon Valley, would repeal the criminal misdemeanor offense of the existing truancy law, meaning that parents of truant students, 6 years of age or older, in grades 1-8, would no longer be punished by fines or up to a year in county jail.
The bill proposes an additional change: families receiving cash assistance via the California Work Opportunity and Responsibility to Kids program, known as CalWORKs, would no longer be penalized if a student aged 16 years or older is chronically truant. The current penalty requires that a truant child is removed from the calculation of the family’s monthly cash assistance.
“Criminalizing parents for their children’s truancy ignores the root causes of absenteeism and only deepens family hardships,” said Ahrens in his author’s statement.
Under the state’s truancy law, parents of habitually absent students were previously arrested, but it remains unclear how many cases resulted in criminal charges in the nearly 15 years since it went into effect.
State law dictates that a district can declare a student truant and refer them to the district attorney after three unexcused absences of more than 30 minutes during one school year.
Once a student’s case is referred to the district attorney, prosecutors have wide discretion over how to charge parents for their child’s truancy, from an infraction – akin to a traffic violation, to a misdemeanor – contributing to the delinquency of a minor.
In California, the percentage of chronically absent students catapulted from the pre-pandemic rate of 12.1% in 2018-19 to 30% in 2021-22, as schools reopened for in-person instruction. The percentage has since dropped to about 20% in 2023-24, according to state data, though rates range widely across student groups.
State education law lists over a dozen reasons for excusing students from school, but most excused absences are related to illness and mental health. Unexcused absences often mean that students lacked documentation such as a note from a doctor, or that they provided no reason for their absence, or that the reason they provided does not qualify as an excusable absence, school officials say.
Districts often try to avoid punitive measures
There is no central repository tracking truancy cases, but EdSource found last year that school districts have increasingly gone to great lengths to avoid referring chronically truant students to the local district attorney. Instead, they opt for alternatives such as sending more notifications to parents after a student’s absence than what’s required by law, or scheduling multiple meetings between parents and school staff to better understand and address the underlying reasons for frequent absences.
The decision by districts to lean into alternatives rather than available punitive measures is partly why Ahrens and AB 461’s supporters are pushing to change the law.
“If we’re not prosecuting these cases…then why should we have this in the books? We don’t need the stick if everything else is already working to the benefit of our families,” said Yesenia Jimenez, senior policy associate at End Child Poverty CA, an advocacy organization that co-sponsored the bill.
Eleven organizations have expressed support for the bill, with three of them co-sponsoring, and there is no listed opposition as of Monday.
Early conversations about Assembly Bill 461 focused solely on the link between public benefits and chronic truancy, Jimenez said.
CalWORKS provides cash assistance to families with unmet basic needs, such as housing, food, or medical care. Monthly grants range in amounts dependent on region, income, and the number of eligible family members, with the average monthly grant being about $1,000 during the 2024-25 fiscal year, according to the Legislative Analyst’s Office.
Provisions of the proposed law
AB 461 also proposes changes to the CalWORKS program, including:
Entirely eliminating the financial sanction on families if students are deemed truant
Making a family with a truant child eligible for family stabilization services and allowing a student 16 years or older to voluntarily participate in CalWORKS’ welfare-to-work program, so long as their participation supports and does not interfere with school attendance
Qualifying families for stabilization services if they’re undergoing homelessness, undertreated behavioral needs, and including individual or group therapy, temporary housing assistance and parenting education among the services they receive
Granting access to resources such as substance abuse services, vocational education, and mental health services to a truant student aged 16 years or older who opts into the welfare-to-work program
Jimenez, whose team researched the sharp rise in chronic absenteeism at the height of the Covid-19 pandemic, said they knew the rates were steadily decreasing each school year.
While AB 461 began as a way to reform public benefits programs, the team behind the bill began to more heavily consider the criminal penalties families might face as a result of truancy once the Trump administration ramped up actions targeting immigrants, Jimenez shared.
“Now we’re just facing a completely other beast in the sense that our families are afraid to go to school because we’re seeing (the Department of Homeland Security) show up at elementary schools attempting to deport families, and families have already been subject to deportation,” she said, referring to a case early this month when immigration officials seeking information about five students in first through sixth grades were denied entry at two Los Angeles Unified elementary schools.
With the provisions of the proposed bill, supporters are looking to circumvent immigrant families from being penalized for school absences due to fear of immigration officials.
“We don’t want (truancy) to be the reason why our families, who we’re trying to protect, could be essentially pipelined not only into the carceral system but certainly into the deportation system at this point in time,” said Jimenez.
Some families opted to keep their children home from school early this year in Kern County after the U.S. Customs and Border Patrol arrested 78 people. At least 40 have been deported, according to a lawsuit filed in February.
A bill signed into law last year requires changes to the truancy notifications sent to families by removing threatening language about punitive measures they might be subject to and instead opting for sharing resources about supportive services, including mental health resources.
Advocates for AB 461 agree with the premise of the bill, said Jimenez, but they wish to go further in removing the potential for arrest.
Any parent or teacher who has worked with a seriously ill child knows how difficult it is to meet the child’s educational, physical and emotional needs all at once.
Melanie Brady, a lecturer at USC’s Rossier School of Education, suggests that parents and teachers can improve the lives and schooling of sick students in Los Angeles as long as they realize the uniqueness of each child and understand that there cannot be a one-size-fits-all approach to balancing both a student’s health and their education during formative K-12 years.
Students with chronic conditions or who are going through difficult periods of treatment often don’t have the best options to pursue their education. But here are some steps Brady suggests both parents and teachers can take.
This interview has been edited for length and clarity.
What kinds of options are there on a traditional school campus to support students who are sick?
It varies depending on the (grade level), ability and performance and needs. So, I think that if a parent finds themselves in a situation, they want to plan ahead and contact the teacher — and also plan ahead and ask the doctors or the nurses for resources.
You want to talk to the school and see what’s available. Sometimes, people who have long-term health conditions already will have a 504 plan in place, or an IEP (individualized education program). When those are not in place and something takes somebody by surprise, that’s where the process needs to be initiated.
What kinds of options are there if a student can’t pursue their education on a traditional campus?
If a person, the parent, needs more support for their student, see if (the school or district has) a liaison. Sometimes, the hospitals will also have a liaison, usually in the form of a nurse or social worker. If it’s a larger hospital, they will have a schoolroom. They will have some teachers. They will have a process to try to help collaborate with the home studies.
There are (also) home school options that sometimes the schools will collaborate with for independent study, especially with teenagers. That’s a helpful thing.
There are also California Virtual Academies. And they are set up with the whole academic public education that’s similar to the L.A. schools and the public schools throughout the state. There are several different options to take a look at, but working within the current setting is probably the best place to start for any parent or student, especially when the difficulties or the challenges that are upcoming are new.
What types of pedagogy are most effective in working with students who are enduring chronic medical conditions?
One of the things is actually really simple, and I actually found it on the California Department of Education website, and they have articulated just a basic goal that’s kind of broad but important: working with that individual child and what they can do and trying to help them not to lose ground.
But then you have these different dynamics that require flexibility, because if the condition changes, if they’re in the hospital, there’s timing of treatment. They’re not going to be able to be in a room or have bedside teaching when certain things are going on.
Some people may not be able to leave their bed. That’s where bedside teaching is going to be helpful, and also to engage with students (in) conversation, because the longer they’re in the hospital, the more prone they are to depression. There (are also) things to do to ameliorate that for those students, to try to bring them together.
They have different educational needs, especially in that environment. And you can’t do teaching like you can all at once in a K-12 classroom.
How do educational approaches vary across age groups when it comes to working with sick students?
When we’re looking at the younger children, we really want to make sure they have significant playtime. Playtime is so important to the development of their minds and their brains. There’s a lot of learning that goes on there. There’s stress relief that goes on there.
Part of it is to be aware of what the typical development is, but also where a child is, because I think that they’re already in a distressing social- emotional space. So, moving forward from where they are is what’s important — and not comparing them to others. I don’t think we have to look so far to see that once they get to double digits (in age), with some of the social media platforms, how negatively impacted they can be because of those comparisons.
It really needs to be a building-them-up kind of thing, because when a student feels like they have at least one area where they can do well, and one thing to be self-confident about in terms of their skill sets, I think that goes a long way to helping somebody feel like they have something that’s of value out in the world. A kid might be really good at chess. Somebody might be good at math, not good at language. Somebody might be good at art, but maybe struggles with some of the other subjects. (Finding) something that people are good at, and helping them be good at that thing, can go a long way for helping them with their identity development and forming of themselves.
How can dealing with ongoing treatment affect students’ mental health?
Not only do you want to try to maintain the current level of education and help with the focus on school as a recovery, (but students also) fall behind with friendships. They’re not in their usual environment. They’re removed from things they knew before. They have lost autonomy. And then, there can also be, because of these spaces, the accelerating of maturity, so there’s these individual thought responses in terms of behavior within these spaces.
The other problems that can happen in this space is with the emotional struggles, the social-emotional difficulties that can impede your working memory. It can make it difficult to focus. A person may or may not have learning difficulties or learning disabilities, but it certainly could highlight or accentuate some of those struggles and make it a little bit difficult.
And, the thing that we want to try to help them with is to prevent that risk of not engaging with school because of their absence. We want to help support that so that there’s as little fallout as possible for them as they hopefully are adjusting back to home life and some real normalcy and in getting back into being present in a physical school environment.
What are the most important things educators and schools need to understand about working with students who are dealing with serious medical conditions?
I don’t think there’s an environment today where anybody (working with these students) feels like they’re underworked. I think we all feel a little bit stressed and stretched out very thin. And, I think there are a lot of accountability measures that we try to use to make sure that we’re doing our due diligence, but I think sometimes they can fall short.
Let’s say there’s a situation that needs some attention, there’s some support that’s being asked for. These students who have any of these needs hear “no” so often. There are so many no’s, there are so many struggles. It’s quite a weight of discouragement. In that space, anytime I can say yes, because they’ve been told no so often, I want to be able to say, “Yeah, we can take a look at modifying that assignment.” Yes, we can take a look at what might help the students out in terms of social-emotional support.
Modifying assignments for students becomes very cumbersome. But if we could just realize the enormous impact that we have every day on everybody and take that extra minute or that extra situation and say yes and help somebody, that can be really powerful.
In the first months of the first Trump administration in 2017, a father in Los Angeles was detained by Immigration and Customs Enforcement (ICE) after dropping his 12-year-old daughter off at school.
The ripple effect was immediate.
“Right away there was a drop in attendance in L.A. schools because parents were thinking, ‘Oh, if I drop off my kids, ICE is going to pick me up,’” said Ana Mendoza, senior staff attorney at ACLU of Southern California and director of the organization’s Education Equity Project. “The need for safety and sanctuary policies became really salient because students weren’t going to schools or families were tentative about their participation in schools.”
In the wake of this year’s presidential election, there is again widespread uncertainty among immigrant families in California about what is to come, given President-elect Donald Trump’s promises of mass deportation.
State Attorney General Rob Bonta recently released updated guidelines and model policies about what K-12 schools, colleges and universities can and cannot do under state and federal law, regarding keeping immigrant students and families’ data private, when to allow an immigration enforcement officer on campus, how to respond to the detention or deportation of a student’s family member, and how to respond to bullying or harassment of a student based on immigration status.
The original guidelines and policies were released in 2018 by then-Attorney General Xavier Becerra, after California passed Assembly Bill 699, requiring schools to pass policies that limited collaboration with immigration enforcement. Bonta is now asking schools to update their policies.
“School districts should be examining what their board policies are and to make sure they’re updated and take any measures to make sure that families feel safe,” Mendoza said.
An estimated 1 in 10, or 1 million, children in California have at least one undocumented parent. And about 133,000 children in California public schools are undocumented themselves, according to the Migration Policy Institute.
In California’s colleges and universities, an estimated 86,800 students are undocumented, and about 6,800 employees in TK-12 schools, colleges and universities have temporary work permits and protection from deportation under Deferred Action for Childhood Arrivals, or DACA, according to the Higher Ed Immigration Portal.
“Undocumented students and faculty and staff are afraid for their safety, and this will impact their retention and enrollment in higher education if they’re not feeling safe or they’re feeling targeted,” said Luz Bertadillo, director of campus engagement for the Presidents’ Alliance for Higher Education and Immigration, a national organization of college and university leaders. “For campuses to have a strong stance on what they’re doing to support undocumented students is important, or at least letting their students know they’re thinking about them and they’re taking action. Even though they cannot guarantee their safety, at least they’re taking those initiatives to safeguard.”
What rights do immigrant students and family members have at school and college, regardless of their immigration status?
The right to attend public school
All children present in the United States, regardless of immigration status, have a right to attend public school. In 1982, the Supreme Court ruled in the case Plyler v. Doe that states cannot deny students a free, public education based on their immigration status or their parents or guardians’ immigration status. Some states — including California in 1994 with Proposition 187 — and school districts have since attempted to pass laws that would either deny enrollment to students who did not have valid immigration status or report their status to authorities, but all these laws have been struck down by courts.
California schools are not allowed to request or collect information about Social Security numbers, immigration status or U.S. citizenship when enrolling students. Students and parents do not have to answer questions from schools about their immigration status, citizenship or whether they have a Social Security number.
“This often comes up in requests for student documents,” Mendoza said. “I had an intake once where a parent gave a passport during enrollment, and the front office person was asking the parent for a visa. No. The school has no right to ask for documents about your citizenship or immigration status.”
Schools can ask for some information like a student’s place of birth, when they first came to the U.S. or attended school in the U.S., in order to determine whether a student is eligible for special federal or state programs for recently arrived immigrant students or English learners. However, parents are not required to give schools this information, and schools cannot use this information to prevent children from enrolling in school. The Office of the Attorney General suggests that schools should collect this information separately from enrolling students.
Privacy of school records
The federal Family Educational Rights and Privacy Act, or FERPA, restricts schools from sharing students’ personal information in most cases with other agencies or organizations, including federal immigration authorities. The law requires that schools get a parent or guardian’s consent before releasing any student information to another agency or organization, or if the student is 18 or older, schools must get consent from the student.
However, in some cases, schools may be required to provide information without consent in response to a court order or judicial subpoena.
Colleges are also restricted from sharing information except in certain cases. Bertadillo said her organization recommends that college leaders have conversations with all the different departments that might manage information about students’ or families’ immigration status, such as information technology, admissions, registrar, and financial aid, to review their practices for storing or sharing the data.
“We hear some campuses have citizenship status on their transcripts and those transcripts get sent to graduate schools, to jobs, and that’s essentially outing students,” Bertadillo said.
She said it’s important for colleges and schools to pass or revisit procedures about what to do if immigration officials ask for data or attempt to enter a campus.
“A lot of institutions created them back in Trump 1.0. We’re recommending they reaffirm or revisit them, so that the campus knows that this is in place,” Bertadillo said.
Safe haven at school
The Department of Homeland Security has designated schools and colleges as protected areas where immigration enforcement should be avoided as much as possible. President-elect Trump has said he may rescind this policy.
In the event that ICE officers do enter schools or ask to question students, the attorney general’s guidelines say school staff should ask officers for a judicial warrant. Without a judicial warrant, school staff are not required to give an ICE officer permission to enter the school or conduct a search, or to provide information or records about a student or family, the guidelines say.
A bill introduced by state Sen. Lena Gonzalez, D-Long Beach, and State Superintendent of Public Instruction Tony Thurmond would establish a “safe zone” of 1 mile around schools and prohibit schools from allowing ICE to enter a campus or share information without a judicial warrant.
Under California law, schools must notify parents or guardians if they release a student to a law-enforcement officer, except in cases of suspected child abuse or neglect.
California law does not require schools to notify parents or guardians before law enforcement officers question a child at school, but it does not prohibit schools from notifying them either. California’s attorney general suggests that school districts and charter schools should create policies that require notification of parents or guardians before a law enforcement officer questions or removes a student, unless that officer has a judicial warrant or court order.
In addition, the attorney general says if a police officer or immigration agent tries to enter a school or talk to a student for purposes of immigration enforcement, the superintendent or principal should e-mail the Bureau of Children’s Justice in the California Department of Justice.
“Schools should retrain their staff on their visitor management policies, to make sure everyone who comes onto campus, including law enforcement, is questioned about what their purpose is, and that school staff is trained on what to do if law enforcement asks to see information about students or staff,” said Mendoza.
Support from school if a family member is detained or deported
If a student reports that their parents or guardians were detained or deported, California law requires that the school must follow parents’ instructions about whom to contact in an emergency. The attorney general’s guidance says “schools should not contact Child Protective Services unless the school is unsuccessful in arranging for the care of the child through the emergency contact information.”
The guidance also suggests that schools should help students and family members contact legal assistance, their consulate, and help them locate their detained family members through ICE’s detainee locator system.
Mendoza said it is important to note that if a student’s parents are detained or deported, and as a result they have to go live with another family member, at that point, they are eligible for support for homeless students under the federal McKinney-Vento Act.
Protection from discrimination and harassment
Federal law prohibits discrimination and harassment based on race, national origin, color, sex, age, disability and religion. California’s law AB 699 also made immigration status a protected characteristic, meaning that schools are required to have policies that prohibit discrimination, harassment and bullying based on immigration status.
Mendoza said it’s important for families and students who experience bullying or harassment to know they can submit complaints through their schools or to different agencies in California. “There are advocates out there willing to support them if their schools do not act in accordance with best practices or with the law,” Mendoza said.
Free lunch, subsidized child care and special education
In California, all students have a right to a free school lunch, since the 2022-23 school year. In addition, some students whose families are considered low-income qualify for subsidized child care, either all day for infants and preschoolers, or after school for school-age children. Students with disabilities have a right to special education to meet their needs, under federal law.
Immigrant families are often afraid to apply for public services because they are worried this will count against them when applying for permanent residency. This is largely due to the “public charge” test, which immigration officers use to determine whether green-card applicants are likely to depend on public benefits.
Currently, immigration officers can only consider whether applicants have used cash assistance for income, like SSI or CalWORKs, or long-term institutionalized care paid for by public insurance, such as Medi-Cal. They do not consider school lunch, child care or food stamps. And officers are not allowed to look at whether applicants’ family members, like U.S. citizen children, use public benefits. During the first Trump administration, the president changed this policy to include family members and some other benefits. It is unclear whether he may attempt to change this again in the future. However, even under the changes during his first term, school lunch and child care were not included.
In-state tuition and scholarships for college
Under the California Dream Act, undocumented students qualify for in-state tuition and state financial aid at California colleges and universities if they attended high school for three or more years or attained credits at community college or adult school and graduated from high school or attained an associate degree or finished minimum transfer requirements at a California community college. The number of students applying for the California Dream Act has plummeted in recent years.
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