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4311.2 BP Board Policy

Legal Status Requirement

Administrative and Supervisory Personnel The Governing Board shall ensure that the district employs only those individuals who are lawfully authorized to work in the United States. The Superintendent or designee shall verify the employment eligibility of all persons hired by completing the U.S. Citizenship and Immigration Services Form I-9, Employment Eligibility Verification, for each individual hired and ensure that the district does not knowingly hire or continue to employ any person not authorized to work in the United States. (8 USC 1324a) In accordance with law, the Superintendent or designee shall ensure that district employment practices do not unlawfully discriminate on the basis of citizenship status or national origin, including, but not limited to, discrimination against any refugees, grantees of asylum, or persons qualified for permanent or temporary residency. Nothing in this policy shall be construed to authorize the district to inquire into or share employee information with federal immigration authorities beyond what is required by federal law. (Education Code 234.7; 2 CCR 11028.

Legal & Management References

Federal
8 CFR 274a.1-274a.14 - Control of Employment of Aliens
8 USC 1324a - Unlawful employment of aliens
8 USC 1324b - Unfair immigration related employment practices
Management Resources
USCIS Publication - Handbook for Employers: Instructions for Completing Form I-9, April 2009
Website - CSBA District and County Office of Education Legal Services
Website - U.S. Citizenship and Immigration Services

Cross References