N.Y. Education Law § 3201-b: Denial of a free public education prohibited; additional prohibited practices

§ 3201-b. Denial of a free public education prohibited; additional

prohibited practices. 1. For purposes of this section, the following

terms shall have the following meanings:

(a) "School" includes a school district, public school, charter

school, board of cooperative educational services, special act school

district as defined in section four thousand one of this chapter, or

state-operated school. For the purposes of subdivisions three through

eleven of this section, school also includes universal pre-kindergarten

programs authorized under this chapter that are operated by schools on

school property.

(b) "School property" means: in or within any building, structure,

athletic playing field, playground, parking lot, or land contained

within the real property boundary line of a school; or in or on a school

bus, as defined in section one hundred forty-two of the vehicle and

traffic law.

(c) "School function" means a school sponsored event or activity,

including if such event or activity occurs outside of school property.

(d) "Immigration authority" has the same meaning as such term is

defined in section three hundred nineteen of the executive law.

(e) "Immigration enforcement" has the same meaning as such term is

defined in section three hundred nineteen of the executive law.

(f) "Child" means a person entitled to attend the public schools of

this state under section three thousand two hundred two of this part.

(g) "School personnel" means any employee, agent, officer, or school

resource officer of a school or any volunteer or employee of any firm,

corporation, institution, or governmental agency who works on school

property.

(h) "School resource officer" means a school resource officer, school

safety officer, school security official, or any other substantially

similar position or office whose purpose is to provide improved public

safety and/or security on school property.

(i) "Immigration detainer" means any document, form, or other

communication requesting or directing that a school or school personnel

detain or maintain custody of an individual, for any period of time, for

pickup by or transfer to immigration authorities.

(j) "Civil immigration warrant" means any warrant for a violation of

civil immigration law that is not issued by a judge appointed pursuant

to Article III of the United States Constitution or a federal magistrate

judge appointed pursuant to 28 U.S.C. § 631.

(k) "Municipal government" means a municipal corporation or a

governing board as defined in section two of the general municipal law.

2. (a) No child shall be denied a free public education.

Notwithstanding any general, special or local law, rule or regulation of

the education department to the contrary, no child shall be refused

admission into, be deterred from participation in, have their admission

delayed to, or be excluded from any school in the state of New York on

account of such child's perceived or actual citizenship or immigration

status or the perceived or actual citizenship or immigration status of a

person in a parental relationship to such child.

(b) No school or school personnel shall undertake any action or use

any policies that have the intent or effect of deterring a student from

participation in or denying a student the benefits of any program or

activity on account of such student's perceived or actual citizenship or

immigration status or the perceived or actual citizenship or immigration

status of a person in a parental relationship to such student.

(c) No school or school personnel shall use policies or procedures or

engage in practices that have the intent or effect of excluding

participation of a person in a parental relationship to a student from

parental engagement activities or programs on account of their perceived

or actual citizenship or immigration status.

3. No school or school personnel shall:

(a) use school resources, including, but not limited to, time spent

while on duty on school property or at a school function for immigration

enforcement purposes;

(b) disclose any information, including actual records, about the

actual or perceived citizenship or immigration status of a student or a

person in a parental relationship to such student to any other person or

entity, including an immigration authority or any employee thereof,

except to comply with a court order issued by a judge appointed pursuant

to Article III of the United States Constitution or a federal magistrate

judge appointed pursuant to 28 U.S.C. § 631, or a judicial warrant

issued by a judge appointed pursuant to Article III of the United States

Constitution or federal magistrate judge appointed pursuant to 28 U.S.C.

§ 631;

(c) threaten to disclose any information, including actual records,

about the actual or perceived citizenship or immigration status of a

student or a person associated with such student to any other person or

entity, including an immigration authority or any employee thereof;

(d) disclose to an immigration authority or any employee thereof the

personally identifiable information of a student or a person in a

parental relationship to such student, including, but not limited to,

name, social security number, physical description, associated

addresses, telephone number, financial information, medical information,

or place of employment or education except to comply with a court order

issued by a judge appointed pursuant to Article III of the United States

Constitution or a federal magistrate judge appointed pursuant to 28

U.S.C. § 631, or a judicial warrant issued by a judge appointed pursuant

to Article III of the United States Constitution or federal magistrate

judge appointed pursuant to 28 U.S.C. § 631 or unless otherwise required

by law;

(e) inquire about a student or a person in a parental relationship to

such student about such person's citizenship, immigration status,

nationality, or country of origin, except to comply with a court order

issued by a judge appointed pursuant to Article III of the United States

Constitution or a federal magistrate judge appointed pursuant to 28

U.S.C. § 631, or a judicial warrant issued by a judge appointed pursuant

to Article III of the United States Constitution or federal magistrate

judge appointed pursuant to 28 U.S.C. § 631; or as necessary to

administer a public program or benefit sought by such person; or when

registering an individual to vote and other election related matters; or

as otherwise required by law;

(f) collect information from a student or a person in a parental

relationship to such student about such student's or person's

citizenship, immigration status, nationality, or national origin except

to comply with a court order issued by a judge appointed pursuant to

Article III of the United States Constitution or a federal magistrate

judge appointed pursuant to 28 U.S.C. § 631, or a judicial warrant

issued by a judge appointed pursuant to Article III of the United States

Constitution or federal magistrate judge appointed pursuant to 28 U.S.C.

§ 631; or as necessary to administer a public program or benefit sought

by such person; or when registering an individual to vote and other

election related matters; or as otherwise required by law;

(g) designate immigration status, citizenship, nationality, or

national origin as directory information; or

(h) employ registration and enrollment requirements or procedures that

have the intent or effect of disproportionately delaying or denying the

enrollment of non-citizen students.

4. (a) No school or school personnel shall grant permission to access

or facilitate access to non-public areas of school property or

facilities owned or operated by or under the control of a school to any

immigration authority engaging in immigration enforcement unless

presented with a judicial warrant signed by a judge appointed pursuant

to Article III of the United States Constitution or federal magistrate

judge appointed pursuant to 28 U.S.C. § 631, authorizing a search or

seeking the arrest of an individual present at the time the judicial

warrant is presented, or as otherwise required by law.

(b) Civil immigration warrants, immigration detainers, notices to

appear, or other non-judicial documents shall not constitute sufficient

authority to authorize an immigration authority or any employee thereof

to access non-public areas of school property or facilities owned or

operated by or under the control of a school for the purpose of engaging

in immigration enforcement.

5. (a) No school or school personnel shall grant permission for or

facilitate the release, transfer, surrender, escort of, or otherwise

deliver, a student into the custody of an immigration authority or any

employee thereof solely on the basis that a person in a parental

relationship to such student has been arrested, detained, or taken into

federal custody, unless there is a judicial warrant or court order,

issued by a federal or state court of competent jurisdiction,

specifically authorizing the removal, detention, or assumption of

custody of the student by an immigration authority or any employee

thereof.

(b) Civil immigration warrants, immigration detainers, notices to

appear, or other non-judicial documents shall not constitute sufficient

authority to release, transfer, surrender, escort, or otherwise deliver

a student into the custody of an immigration authority or any employee

thereof.

(c) (i) No school or school personnel shall assist immigration

authorities in locating, questioning, or detaining a student unless

presented with court orders issued by a judge appointed pursuant to

Article III of the United States Constitution or a federal magistrate

judge appointed pursuant to 28 U.S.C. § 631, or judicial warrants issued

by a judge appointed pursuant to Article III of the United States

Constitution or federal magistrate judge appointed pursuant to 28 U.S.C.

§ 631, or to comply with requirements under existing law.

(ii) Nothing in this section shall be construed to limit, restrict, or

impair the authority of state or local law enforcement to apprehend,

detain, or take into custody any individual, including a minor, pursuant

to a judicial warrant, court order, or lawful criminal investigation

conducted in accordance with applicable New York state criminal law and

procedure.

6. No school personnel shall use an immigration authority or any

employee thereof as interpreters or translators for law enforcement

matters relating to individuals that schools or such school personnel

interact with as part of their employment duties.

7. The provisions of this section shall not be construed to prohibit

or restrict a school or school personnel from sending to or receiving

from the United States department of homeland security or any other

federal, state, or local governmental entity information regarding the

citizenship or immigration status of an individual under 8 U.S.C. § 1373

and 8 U.S.C. § 1644.

8. The provisions of this section shall not prohibit school or school

personnel from complying with court orders or judicial warrants issued

by a judge appointed pursuant to Article III of the United States

Constitution or federal magistrate judge appointed pursuant to 28 U.S.C.

§ 631.

9. The provisions of this section shall apply notwithstanding any

other provisions of state or local law, charter, code, ordinance,

resolution, rule, or regulation to the contrary and shall not be

construed to in any way expand the authority of schools or school

personnel to participate in immigration enforcement. Provided, however,

that nothing in this article shall be construed to prevent or restrict a

municipal government or school from adopting, enacting, or enforcing

local policies, laws, resolutions, ordinances, or regulations which

comply with at least the applicable standards or requirements of this

section, or which exceed the provisions of this section, or which

further restrict the ability of schools or school personnel to

participate in immigration enforcement beyond the requirements set forth

in the chapter of the laws of two thousand twenty-six that added this

section.

10. Within forty-five days of the effective date of this section, the

department shall develop and publish on the department's website model

procedures that shall comply with the requirements of this section.

11. Within sixty days of the date the model procedures are published

on the department's website pursuant to subdivision ten of this section,

each school shall verify to the commissioner that they have developed

and implemented procedures that comply with the department's model

procedures and the requirements of this section, which shall include,

but not be limited to, procedures for reviewing and authorizing requests

from immigration authorities to enter school property or to take custody

of a student, including designating an individual who is responsible for

reviewing such requests, and procedures for notifying parents and

persons in a parental relationship about the rights of and protections

for students, parents, and persons in a parental relationship provided

by this section. Such procedures shall identify the actions the school

will take if the school or school personnel become aware that a person

in a parental relationship to a student will be unavailable to retrieve

the student from school or a school function because a person in a

parental relationship to the student has been detained by immigration

authorities or the student is not picked up as scheduled, and such

student is in need of an alternate plan for pickup. Such procedures

shall include, at a minimum, that the school shall not contact the

statewide central register for child abuse and maltreatment unless the

school has made reasonable efforts to contact all known individuals

authorized to retrieve the student and that the school will retain the

student on the premises until the student is picked up by an individual

authorized by the person in a parental relationship to such student or

by law.