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Immigration Enforcement Notifications and Expanded Scope for Caregiver Authorizations

  • Woman with dark hair tied back, wearing a grey blazer with black details and long earrings, stands indoors and smiles at the camera, embodying professionalism in wage and hour compliance.
    Mariam Babayan
  • October 28, 2025
  • Charter Schools, Independent/Private Schools, Legal Alerts
  • 5 Minute Read

The Family Preparedness Plan Act of 2025 (AB495) expands caregiver and guardianship rights to support children with detained parents and requires all public schools (including charters) to provide clearer information about immigration enforcement response policies.

While existing law already requires public schools to maintain immigration enforcement response policies, AB495 mandates that they align with new laws and State Attorney General guidelines, and imposes new notification requirements. The new law also expands caregiver authorization and guardianship options in the event of detainment or deportation, affecting both public and private schools.

 

What This Means For Public School Organizations

1. Distribute Required Information to Families

Local educational agencies (districts, county offices of education, and charter schools) must provide families with the
a) State Attorney General’s Know Your Educational Rights guide and

b) Information about the LEA’s immigration enforcement response policies. This includes details about family safety plans, Caregiver Authorization Affidavits, and the importance of providing and regularly updating emergency contact information with secondary contacts. The LEA may distribute this information through annual parent notifications, student handbooks, or other cost-effective methods the LEA determines appropriate.

2. Post Information At Schoolsites and on Website

LEAs must post the Know Your Educational Rights guide in all administrative buildings and on LEA websites, in all language translations provided by the Attorney General.

 

What This Means for Both Private and Public School Organizations

1. Accept Expanded Caregiver Authorization Affidavits

AB495 expands the definition of a “relative caregiver” who may execute a Caregiver Authorization Affidavit. Eligible caregivers now include adults related to the child within the fifth degree of kinship (e.g., “great”, “great-great” or “grand”), and spouses of any qualifying relatives. Schools may rely on affidavits from qualifying caregivers to authorize enrollment and school-required medical care for participation in extracurricular activities.

2. Recognize New Limited Guardianships

AB495 establishes a new form of court-ordered temporary guardianships, designed to be short-term while allowing parents to remain engaged in decision-making from a distance. Schools must rely on documentation of such limited guardianships to allow temporary guardians to act as educational decision-makers.

3. New Requirement for Child Daycare Facilities

AB 495 prohibits both licensed and license-exempt (e.g., a public school) child daycare facilities and California state preschool program facilities from collecting documentation regarding citizenship or immigration status of children or their families, and to report law enforcement request requests for access or information to the Attorney General. It further requires all state preschool programs to adopt the Attorney General model policies no later than July 1, 2026.

 

Support for Implementation

For questions or assistance with developing or updating your organization’s immigration enforcement response policy, annual notifications, or related best practices, contact Mariam Babayan or John Lemmo.

 

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