AB 495 Expands Protections for Students, Parents, and Guardians

11.20.2025

On October 12, 2025, Governor Newsom signed Assembly Bill (“AB”) 495 into law, known as the Family Preparedness Plan Act of 2025 amending Section 234.7 of the Education Code, Sections 6550 and 6552 of the Family Code, Section 1502 and 2105 of the Probate Code, and adding Chapter 3.62 to Division 2 of the Health and Safety Code. Effective January 1, 2026, AB 495 addresses increased immigration enforcement activity by implementing updated guidance for responding to immigration enforcement, expanding the individuals who may serve as a minor’s caregiver in the absence of a parent or guardian, and requiring local educational agencies to report immigration enforcement activity to the governing board of the local educational agency. AB 49, known as the “California Safe Haven Schools Act,” and Senate Bill (“SB”) 98 regarding immigration activity and enforcement in K-12 and postsecondary educational institutions. Both bills contained urgency language, making them effective September 20, 2025, and were addressed in a prior Alert.[1]

Amendments to Education Code section 234.7

Currently, Education Code section 234.7 prohibits local educational agencies from collecting documents and information regarding the citizenship or immigration status of pupils or their families, and requires local educational agencies to report requests for information or access to a school site by a law enforcement agency for the purposes of enforcing immigration laws to their respective governing board or body in a timely manner, and to provide information and publish policies limiting assistance with immigration enforcement at public schools. Education Code section 234.7 also currently requires local educational agencies to fully exhaust all of a student’s emergency contacts and parental instruction regarding emergency contacts, before calling Child Protective Services to arrange for the care of a student in the event a student’s parent or guardian is unavailable. School sites are encouraged to work with parents and guardians to update a student’s emergency contact information.

AB 495 amends Education Code section 234.7 to require a local educational agency to provide information to parents and guardians regarding their children’s right to a free public education, regardless of immigration status or religious beliefs, including, “Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California’s K-12 Schools in Responding to Immigration Issues” issued by the Attorney General on January 6, 2025, and information related to plans for family safety, the caregiver’s authorization affidavit, and the importance of providing the school with, and regularly updating, emergency contact information. Local educational agencies may provide this information in the annual notification to parents and guardians pursuant to Education Code section 48980 or any other cost-effective means determined by the local educational agency.

Current law requires the Attorney General to issue model policies to local educational agencies providing guidance on immigration enforcement activities. AB 495 requires local educational agencies to revise their model policies as necessary to be consistent with any revisions or updates to the model policies developed by the Attorney General. This includes “Promoting a Safe and Secure Learning Environment for All; Guidance and Model Policies to Assist in California’s K-12 Schools in Responding to Immigration Issues” issued by the Attorney General on January 6, 2025, information related to plans for family safety, the caregiver’s authorization affidavit, and the importance of providing updated emergency contact information for students.

Amendments to the California Child Day Care Facilities Act

AB 495 also amends the California Child Day Care Facilities Act (“Act”), which exempts some California state preschool programs from daycare licensure requirements if the program meets certain requirements, including that the program is operated by a local educational agency.

Similar to the provisions of Education Code section 234.7, AB 495 amends the Act to prohibit licensed daycare centers and exempt California state preschools from collecting information or documents relating to the citizenship and immigration status of students and their families. Exempt California state preschools are also required to encourage parents and guardians to update their emergency contact information. California state preschools must exhaust all emergency contacts and parental instructions in the event a parent or guardian is unavailable.

AB 495 further requires the Attorney General to publish model policies limiting assistance with immigration enforcement activities at daycare facilities and California state preschools by April 1, 2026, and requires all California state preschools to adopt these policies, as soon as possible, but not later than July 1, 2026.

AB 495 mandates licensed daycare programs to report to the State Department of Social Services and the Attorney general any requests for information or access to the facility by an officer or employee of a law enforcement agency for the purpose of immigration enforcement. License-exempt California state preschool programs may submit such report to the California Department of Education and the Attorney General, although not required.

Amendments to the California Family Code and the Probate Code Regarding Caregivers and Guardians

Under existing law, a caregiver who lives with a minor and executes an affidavit under penalty of perjury is authorized to enroll the minor in school and consent to school-related medical care on behalf of the minor. Effective January 1, 2026, AB 495 revised the definition of relative to expand the list of relatives eligible to execute a caregiver affidavit.

The definition of “relative” was amended to include an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including all stepparents, stepsiblings, and all relatives whose status is preceded by the words “great,” “great-great,” or “grand.” Any of the above-listed relatives who reside with the minor can execute a caregiver affidavit to make school related decisions on behalf of the minor. The definition of “school-related medical care” was expanded to include “immunizations, physical examinations, and medical examinations conducted in schools” in addition to medical care required for enrollment in school or participation in extracurriculars. (Fam. Code§6550(h)(3).) In addition, the AB 495 adds language allowing a government-issued consular card number to be used as the identification number on the caregiver affidavit and specifies updated language for the caregiver affidavit form.

Additionally, in the event that a custodial parent is temporarily unavailable due to specified circumstances, including an immigration-related administrative action, AB 495 authorizes a court to appoint a custodial parent as joint guardian of the minor, along with an individual nominated by the custodial parent.

If you have any questions concerning this alert or how to implement the requirements, please contact the authors of this alert or your usual counsel.

Thank you to law clerk Samantha Fidel for her extensive work in preparation of this Alert.

[1] Available here: https://www.aalrr.com/newsroom-alerts-4172.