AB 495 AND CALIFORNIA PRIVATE SCHOOLS

The Family Preparedness Act of 2025: New Emergency and Safety Requirements for California Schools and Licensed Childcare

California Assembly Bill 495 (the Family Preparedness Plan Act of 2025), also known as the Family Preparedness Act, is set to become effective on January 1, 2026. This landmark legislation requires California public schools and licensed childcare programs to adopt strengthened guidance from the Attorney General regarding family emergency and safety planning, particularly for situations where parents may become detained or otherwise unavailable.

Scope and Applicability of AB 495

AB 495 mandates compliance by public schools and licensed childcare programs. The law does not apply to private schools. The Education Code section governing the public-school components of AB 495, specifically Education Code § 234.7, falls under Title 1, Division 1, Part 2. Part 2 regulates California’s public elementary and secondary education system and consistently refers to public entities such as school districts, charter schools, county offices of education, and public-school employees and pupils.

The Legislature maintains a clear distinction: if lawmakers intend for a statute to apply to private schools, the statute must expressly state so. Since private schools are regulated under a separate part of the Education Code (Title 2, Division 4, Part 6) and Part 2 does not expressly extend its scope to private schools, courts and the California Department of Education interpret Part 2 as governing only public education. Church HR Network also confirmed with the California Department of Education that AB 495 does not apply to private Christian schools.

Strengthening Family Emergency Planning under AB 495

AB 495 requires public schools to update their policies to align with state guidance and share this information with families. Crucially, public schools must emphasize the need for accurate emergency contacts and comprehensive family preparedness plans.

To ensure the continuity of care for children, the law broadens the use of Caregiver’s Authorization Affidavits and establishes clearer options for temporary guardianship.  Although not required by private religious schools, we recommend that private Christian schools adopt the “10-Deep Rule”: Each parent should have at least 10 emergency contacts/caregivers on their emergency contact list and the information should be annually verified with a signature. Additionally, it is best practice to have a policy that parents should revise their child’s emergency contact list whenever information needs to be updated.

How AB 495 Affects Licensed Child Daycare Facilities

Under the newly added CA Health and Safety Code Division 2 Chapter 3.62, licensed child daycare facilities (preschools) face several specific requirements, all effective January 1, 2026.

Emergency Contact Protocols

A licensed child daycare facility must annually request that parents review their emergency contact information. If staff know a parent or guardian is unavailable to care for the child, the facility must exhaust any parental instructions related to the pupil’s care contained within the emergency contact information.

Best practice

Church HR Network recommends adopting the “10 Deep Rule,” meaning each parent should list at least 10 emergency contacts for each child with current information. Church HR Network also recommends that parents sign the emergency contact list annually, acknowledging that they have verified the information and updated it when necessary.

Model Policies Awareness

By July 1, 2026, licensed child daycare facilities must ensure that a child’s parent or authorized representative is aware of the model policies published by the Attorney General (scheduled for release in April 2026) and knows how to access them. Facilities must keep any information, guidance, or policies provided to parents up to date with revisions, which the State Department of Social Services will notify facilities about.

Restrictions on Immigration Status and Law Enforcement Access

The Family Preparedness Act reaffirms and extends protections previously established by the Safe Schools for Immigrant Student Acts. The law places restrictions on collecting immigration-related data and establishes requirements for reporting law enforcement contact:

1. Immigration Status Collection is Prohibited: Public schools and licensed childcare facilities are restricted from collecting information regarding immigration status. A licensed child daycare facility shall not collect information or documents regarding the citizenship or immigration status of pupils or their family members.
2. Documenting Law Enforcement Requests: Schools and childcare providers are required to document any requests made by law enforcement seeking immigration-related access. A licensed child daycare facility administrator or licensee must report requests for information or access to a site by law enforcement attempting to enforce immigration laws to the State Department of Social Services and the Attorney General promptly.
   
3. Protecting Personally Identifiable Information: In making such reports, preschools are prohibited from disclosing personally identifiable information about a pupil or their family. This protected information includes the home address, contact information, citizenship or immigration status, or any information that could potentially be used to infer a person’s immigration status.

How Church HR Network Helps Private Schools Navigate AB 495 and Related Policies

Although AB 495 does not apply to private or faith-based schools, understanding the law and related emergency preparedness policies is still important for church-affiliated schools and childcare ministries. Church HR Network helps private schools navigate AB 495 in context, clarifying exemptions, identifying best practices, and supporting policy development aligned with broader legal and safety expectations.

Through project-based services and ongoing HR support, Church HR Network assists schools with emergency preparedness policies, caregiver documentation practices, staff training, and risk management strategies tailored to faith-based organizations. This guidance helps private schools stay informed, prepared, and confident as state laws and public-school requirements continue to evolve.

Frequently Asked Questions About AB 495

Does AB 495 apply to private schools in California?

No. AB 495 doesn’t apply to private religious schools, but does apply to public schools and private licensed child daycare facilities (preschools)

Are private Christian schools required to follow AB 495?

No. AB 495 does not apply to private Christian schools. However, some schools may choose to adopt certain family preparedness best practices voluntarily.

Does AB 495 apply to licensed child daycare facilities?

Yes. AB 495 expressly applies to licensed child daycare facilities, including preschools, and private religious in front of preschools beginning January 1, 2026.

What are the main requirements of AB 495 for schools and childcare providers?

AB 495 focuses on emergency preparedness, accurate emergency contact information, caregiver authorization, and family safety planning, along with restrictions related to immigration status data collection and law enforcement access.

When does AB 495 take effect?

AB 495 takes effect on January 1, 2026, with certain policy awareness requirements for childcare facilities effective by July 1, 2026.

How does Church HR Network support private schools with AB 495?

AB 495 is complex. Church HR network supports ministries by providing compliance guidance and best practices related to emergency preparedness. Support may include policy review, documentation guidance, training resources, and ongoing HR subscription services tailored to school and ministry environments.

This document is for use by Church HR Network members only and is not to be replicated or distributed to other entities or persons without prior written authorization from Church HR Network. If you have questions about this information, contact Church HR Network at (888) 807-2476 or [email protected]