RESOLUTION NO. 2016-17-13




Whereas, The Albany Unified School Board of Education is committed to the success of all students irrespective of their immigration status, ethnicity, race, religion, sexual orientation, ability, sex and gender identity, socioeconomic status, or beliefs;

Whereas, The Declaration of Independence of the United States of America recognizes every individual’s right to life, liberty, and the pursuit of happiness;

Whereas, The United States of America was built by diverse peoples, both native and immigrant alike;

Whereas, Education has played a critical role in furthering tolerance and strengthening our society;

Whereas, On November 8, 2016, voters in California and across the nation participated in the democratic process by casting votes;

Whereas, California voters during the 2016 General election expressed strong support for public schools by embracing bilingual education through Proposition 58, strengthening funding sources through Proposition 55, and modernizing school facilities through Proposition 51;

Whereas, 37 different languages are spoken in Albany Unified School District schools including, Spanish, Korean, Farsi, Tagalog, Mandarin, Cantonese, French, Vietnamese, Arabic, and Russian;

Whereas, 16% of students in Albany Unified are of Latino/a descent, at least 18% are English language learners, and 17% qualify for free and reduced lunch;

Whereas, the national presidential election has resulted in thousands of students and families in the San Francisco Bay Area expressing fear, sadness and concerns for student safety, heightened because of intolerant rhetoric made over the course of the 2016 presidential race;

Whereas, Youth and families across the San Francisco Bay Area have already experienced increased levels of hate speech based on their ethnicity, religion, or sexual orientation since the election; now, therefore, be it,


Resolved, That the Albany Unified School Board of Education directs the Superintendent to support the creation of a safe haven school district. This status shall include:

  • Promoting tolerance and acceptance over speech promoting hate.
  • Designating AUSD school sites and facilities as "sensitive locations" for students, families, and the community in accordance with Immigration and Customs Enforcement's (ICE) 2011 policy stating that it will not conduct immigration enforcement activity by specific federal law enforcement officials at any sensitive location without permission unless exigent circumstances exist.   
  • Maintaining that, in compliance with the above referenced ICE policy, ICE shall not be allowed to enter school sites or district properties without prior written approval from the Superintendent when the Superintendent determines, upon consultation, as appropriate, with District legal counsel, that acquiescence to the requested entry is required by law;
  • Taking care to not include any information in our school files that could be used to ascertain the immigration or citizenship status of students;
  • Allocating adequate resources necessary to support diversity, inclusion, and the values of a multicultural society;
  • Endorsing a set of unifying activities determined by the school site;


Resolved further, That the Albany Unified School Board work closely with the City, County, and other state and local municipalities and community organizations to ensure our students and families are offered a protected space;    


Resolved further, That the Board reaffirms its focus on promoting and elevating tolerance, inclusiveness, and kindness of all students, families, and staff at all district school sites, facilities, and material property;   


Resolved further, That the Board reaffirm the authority of the Superintendent to protect the data and identity of any student, family member, or school employee who may be adversely affected by any future policies or executive action that results in the collection of any personally identifiable information to the fullest extent provided by the law;   


Resolved further,  That District staff are instructed to respond to requests for information about students from law enforcement personnel, including immigration enforcement personnel, only by referring such requests to the Superintendent or the Superintendent's designee, unless there is an immediate threat to public safety;   


Resolved further,  That AUSD will not disclose personally identifiable information in a student's “educational records” to outside agencies without written parental consent, judicial order, or lawfully-issued subpoena;    


Resolved further, That the Board reaffirms Albany Unified School District's unequivocal commitment to ensuring a safe educational environment for all students, including for students and their families threatened by immigration enforcement or discrimination, to the fullest extent provided by the law, and finally;


Be it Resolved, That this resolution be communicated to AUSD students, parents, and staff members, and to the Albany, California community at large.


PASSED AND ADOPTED this 14TH day of February, 2017, by the following vote:






President of the Board of Education

Albany Unified School District




Secretary of the Board of Education

Albany Unified School District