N.Y. Educ. Law § 3201-b

§ 3201-b. Denial of a free public education prohibited; additional\nprohibited practices. 1. For purposes of this section, the following\nterms shall have the following meanings:\n (a) "School" includes a school district, public school, charter\nschool, board of cooperative educational services, special act school\ndistrict as defined in section four thousand one of this chapter, or\nstate-operated school. For the purposes of subdivisions three through\neleven of this section, school also includes universal pre-kindergarten\nprograms authorized under this chapter that are operated by schools on\nschool property.\n (b) "School property" means: in or within any building, structure,\nathletic playing field, playground, parking lot, or land contained\nwithin the real property boundary line of a school; or in or on a school\nbus, as defined in section one hundred forty-two of the vehicle and\ntraffic law.\n (c) "School function" means a school sponsored event or activity,\nincluding if such event or activity occurs outside of school property.\n (d) "Immigration authority" has the same meaning as such term is\ndefined in section three hundred nineteen of the executive law.\n (e) "Immigration enforcement" has the same meaning as such term is\ndefined in section three hundred nineteen of the executive law.\n (f) "Child" means a person entitled to attend the public schools of\nthis state under section three thousand two hundred two of this part.\n (g) "School personnel" means any employee, agent, officer, or school\nresource officer of a school or any volunteer or employee of any firm,\ncorporation, institution, or governmental agency who works on school\nproperty.\n (h) "School resource officer" means a school resource officer, school\nsafety officer, school security official, or any other substantially\nsimilar position or office whose purpose is to provide improved public\nsafety and/or security on school property.\n (i) "Immigration detainer" means any document, form, or other\ncommunication requesting or directing that a school or school personnel\ndetain or maintain custody of an individual, for any period of time, for\npickup by or transfer to immigration authorities.\n (j) "Civil immigration warrant" means any warrant for a violation of\ncivil immigration law that is not issued by a judge appointed pursuant\nto Article III of the United States Constitution or a federal magistrate\njudge appointed pursuant to 28 U.S.C. § 631.\n (k) "Municipal government" means a municipal corporation or a\ngoverning board as defined in section two of the general municipal law.\n 2. (a) No child shall be denied a free public education.\nNotwithstanding any general, special or local law, rule or regulation of\nthe education department to the contrary, no child shall be refused\nadmission into, be deterred from participation in, have their admission\ndelayed to, or be excluded from any school in the state of New York on\naccount of such child's perceived or actual citizenship or immigration\nstatus or the perceived or actual citizenship or immigration status of a\nperson in a parental relationship to such child.\n (b) No school or school personnel shall undertake any action or use\nany policies that have the intent or effect of deterring a student from\nparticipation in or denying a student the benefits of any program or\nactivity on account of such student's perceived or actual citizenship or\nimmigration status or the perceived or actual citizenship or immigration\nstatus of a person in a parental relationship to such student.\n (c) No school or school personnel shall use policies or procedures or\nengage in practices that have the intent or effect of excluding\nparticipation of a person in a parental relationship to a student from\nparental engagement activities or programs on account of their perceived\nor actual citizenship or immigration status.\n 3. No school or school personnel shall:\n (a) use school resources, including, but not limited to, time spent\nwhile on duty on school property or at a school function for immigration\nenforcement purposes;\n (b) disclose any information, including actual records, about the\nactual or perceived citizenship or immigration status of a student or a\nperson in a parental relationship to such student to any other person or\nentity, including an immigration authority or any employee thereof,\nexcept to comply with a court order issued by a judge appointed pursuant\nto Article III of the United States Constitution or a federal magistrate\njudge appointed pursuant to 28 U.S.C. § 631, or a judicial warrant\nissued by a judge appointed pursuant to Article III of the United States\nConstitution or federal magistrate judge appointed pursuant to 28 U.S.C.\n§ 631;\n (c) threaten to disclose any information, including actual records,\nabout the actual or perceived citizenship or immigration status of a\nstudent or a person associated with such student to any other person or\nentity, including an immigration authority or any employee thereof;\n (d) disclose to an immigration authority or any employee thereof the\npersonally identifiable information of a student or a person in a\nparental relationship to such student, including, but not limited to,\nname, social security number, physical description, associated\naddresses, telephone number, financial information, medical information,\nor place of employment or education except to comply with a court order\nissued by a judge appointed pursuant to Article III of the United States\nConstitution or a federal magistrate judge appointed pursuant to 28\nU.S.C. § 631, or a judicial warrant issued by a judge appointed pursuant\nto Article III of the United States Constitution or federal magistrate\njudge appointed pursuant to 28 U.S.C. § 631 or unless otherwise required\nby law;\n (e) inquire about a student or a person in a parental relationship to\nsuch student about such person's citizenship, immigration status,\nnationality, or country of origin, except to comply with a court order\nissued by a judge appointed pursuant to Article III of the United States\nConstitution or a federal magistrate judge appointed pursuant to 28\nU.S.C. § 631, or a judicial warrant issued by a judge appointed pursuant\nto Article III of the United States Constitution or federal magistrate\njudge appointed pursuant to 28 U.S.C. § 631; or as necessary to\nadminister a public program or benefit sought by such person; or when\nregistering an individual to vote and other election related matters; or\nas otherwise required by law;\n (f) collect information from a student or a person in a parental\nrelationship to such student about such student's or person's\ncitizenship, immigration status, nationality, or national origin except\nto comply with a court order issued by a judge appointed pursuant to\nArticle III of the United States Constitution or a federal magistrate\njudge appointed pursuant to 28 U.S.C. § 631, or a judicial warrant\nissued by a judge appointed pursuant to Article III of the United States\nConstitution or federal magistrate judge appointed pursuant to 28 U.S.C.\n§ 631; or as necessary to administer a public program or benefit sought\nby such person; or when registering an individual to vote and other\nelection related matters; or as otherwise required by law;\n (g) designate immigration status, citizenship, nationality, or\nnational origin as directory information; or\n (h) employ registration and enrollment requirements or procedures that\nhave the intent or effect of disproportionately delaying or denying the\nenrollment of non-citizen students.\n 4. (a) No school or school personnel shall grant permission to access\nor facilitate access to non-public areas of school property or\nfacilities owned or operated by or under the control of a school to any\nimmigration authority engaging in immigration enforcement unless\npresented with a judicial warrant signed by a judge appointed pursuant\nto Article III of the United States Constitution or federal magistrate\njudge appointed pursuant to 28 U.S.C. § 631, authorizing a search or\nseeking the arrest of an individual present at the time the judicial\nwarrant is presented, or as otherwise required by law.\n (b) Civil immigration warrants, immigration detainers, notices to\nappear, or other non-judicial documents shall not constitute sufficient\nauthority to authorize an immigration authority or any employee thereof\nto access non-public areas of school property or facilities owned or\noperated by or under the control of a school for the purpose of engaging\nin immigration enforcement.\n 5. (a) No school or school personnel shall grant permission for or\nfacilitate the release, transfer, surrender, escort of, or otherwise\ndeliver, a student into the custody of an immigration authority or any\nemployee thereof solely on the basis that a person in a parental\nrelationship to such student has been arrested, detained, or taken into\nfederal custody, unless there is a judicial warrant or court order,\nissued by a federal or state court of competent jurisdiction,\nspecifically authorizing the removal, detention, or assumption of\ncustody of the student by an immigration authority or any employee\nthereof.\n (b) Civil immigration warrants, immigration detainers, notices to\nappear, or other non-judicial documents shall not constitute sufficient\nauthority to release, transfer, surrender, escort, or otherwise deliver\na student into the custody of an immigration authority or any employee\nthereof.\n (c) (i) No school or school personnel shall assist immigration\nauthorities in locating, questioning, or detaining a student unless\npresented with court orders issued by a judge appointed pursuant to\nArticle III of the United States Constitution or a federal magistrate\njudge appointed pursuant to 28 U.S.C. § 631, or judicial warrants issued\nby a judge appointed pursuant to Article III of the United States\nConstitution or federal magistrate judge appointed pursuant to 28 U.S.C.\n§ 631, or to comply with requirements under existing law.\n (ii) Nothing in this section shall be construed to limit, restrict, or\nimpair the authority of state or local law enforcement to apprehend,\ndetain, or take into custody any individual, including a minor, pursuant\nto a judicial warrant, court order, or lawful criminal investigation\nconducted in accordance with applicable New York state criminal law and\nprocedure.\n 6. No school personnel shall use an immigration authority or any\nemployee thereof as interpreters or translators for law enforcement\nmatters relating to individuals that schools or such school personnel\ninteract with as part of their employment duties.\n 7. The provisions of this section shall not be construed to prohibit\nor restrict a school or school personnel from sending to or receiving\nfrom the United States department of homeland security or any other\nfederal, state, or local governmental entity information regarding the\ncitizenship or immigration status of an individual under 8 U.S.C. § 1373\nand 8 U.S.C. § 1644.\n 8. The provisions of this section shall not prohibit school or school\npersonnel from complying with court orders or judicial warrants issued\nby a judge appointed pursuant to Article III of the United States\nConstitution or federal magistrate judge appointed pursuant to 28 U.S.C.\n§ 631.\n 9. The provisions of this section shall apply notwithstanding any\nother provisions of state or local law, charter, code, ordinance,\nresolution, rule, or regulation to the contrary and shall not be\nconstrued to in any way expand the authority of schools or school\npersonnel to participate in immigration enforcement. Provided, however,\nthat nothing in this article shall be construed to prevent or restrict a\nmunicipal government or school from adopting, enacting, or enforcing\nlocal policies, laws, resolutions, ordinances, or regulations which\ncomply with at least the applicable standards or requirements of this\nsection, or which exceed the provisions of this section, or which\nfurther restrict the ability of schools or school personnel to\nparticipate in immigration enforcement beyond the requirements set forth\nin the chapter of the laws of two thousand twenty-six that added this\nsection.\n 10. Within forty-five days of the effective date of this section, the\ndepartment shall develop and publish on the department's website model\nprocedures that shall comply with the requirements of this section.\n 11. Within sixty days of the date the model procedures are published\non the department's website pursuant to subdivision ten of this section,\neach school shall verify to the commissioner that they have developed\nand implemented procedures that comply with the department's model\nprocedures and the requirements of this section, which shall include,\nbut not be limited to, procedures for reviewing and authorizing requests\nfrom immigration authorities to enter school property or to take custody\nof a student, including designating an individual who is responsible for\nreviewing such requests, and procedures for notifying parents and\npersons in a parental relationship about the rights of and protections\nfor students, parents, and persons in a parental relationship provided\nby this section. Such procedures shall identify the actions the school\nwill take if the school or school personnel become aware that a person\nin a parental relationship to a student will be unavailable to retrieve\nthe student from school or a school function because a person in a\nparental relationship to the student has been detained by immigration\nauthorities or the student is not picked up as scheduled, and such\nstudent is in need of an alternate plan for pickup. Such procedures\nshall include, at a minimum, that the school shall not contact the\nstatewide central register for child abuse and maltreatment unless the\nschool has made reasonable efforts to contact all known individuals\nauthorized to retrieve the student and that the school will retain the\nstudent on the premises until the student is picked up by an individual\nauthorized by the person in a parental relationship to such student or\nby law.\n