David M. Toston, Sr., superintendent of Santa Clara County Schools, says that a new policy announced this month by the U.S. Department of Health and Human Services means that undocumented children will no longer be eligible to enroll in Head Start programs, reversing a practice that for decades has allowed all children access to critical early learning services.
In a press release, Toston warned that the announcement by HHS classifying Head Start as a “federal public benefit” under the Personal Responsibility and Work Opportunity Reconciliation Act will deny children access to Head Start, career technical and adult education.
Denying Head Start access 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,” Toston said in a statement.
The U.S. Department of Education also has issued a press release stating it will implement similar policies affecting undocumented children in career, technical, and adult education programs.
“Beyond restricting access for families in our community, this policy also creates significant uncertainty around funding for Head Start, career, technical and adult education,” Toston said.
California Attorney General Rob Bonta has issued a statement affirming the rights of immigrant students and their families, including the right to confidentiality of personal information.
Toston cautioned that California’s 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.”
“At this time, Santa Clara County Office of Education has not received any guidance from the federal administration on how these policies will be implemented,” Toston said. “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,” the superintendent said in his statement. “We remain committed to ensuring that all children, regardless of their background, have the opportunity to learn, grow, and thrive.”
