SAN JOSE, CA – The U.S. Department of Health and Human Services has announced a new policy that classifies Head Start as a “federal public benefit” under the Personal Responsibility and Work Opportunity Reconciliation Act. This change means that undocumented children will no longer be eligible to enroll in Head Start programs, reversing decades of practice that allowed all children access to critical early learning services. Additionally, The U.S. Department of Education issued a press release stating it will implement similar policies affecting undocumented children in career, technical, and adult education programs.    

Denying children access to Head Start, career technical, and adult education based on their immigration status harms vulnerable families and undermines our shared commitment to equity and opportunity. Education is vital for healthy development and long-term success, not just for individual children but for the well-being of our entire community.

Beyond restricting access for families in our community, this policy also creates significant uncertainty around funding for Head Start, career, technical and adult education. The California Attorney General has issued guidance affirming the rights of immigrant students and their families, including the right to confidentiality of personal information. Additionally, California Education Code § 234.7 explicitly states that “school officials and employees of a local educational agency shall not collect information or documents regarding citizenship or immigration status of pupils or their family members” (Cal. Educ. Code § 234.7). 

At this time, SCCOE has not received any guidance from the federal administration on how these policies will be implemented. There is increasing concern that federally funded programs will require proof of citizenship. We will be evaluating the fiscal and programmatic impacts and will communicate any necessary actions to protect program quality and fiscal stability.

To be clear, the Santa Clara County Board of Education and I remain opposed to this policy and any policy that excludes children from accessing education services and are focused on protecting access to early learning services for every child in our community. We remain committed to ensuring that all children, regardless of their background, have the opportunity to learn, grow, and thrive.

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