School District Compliance Alert: New Immigration-Related Procedures Required Under Education Law § 3201-b

Public school districts, BOCES, and UPK programs operating on school property must comply with new requirements under New York State Education Law Section 3201-b. The statute requires the covered entities (hereinafter, referred to as “school districts”) to develop, adopt and implement procedures designed to safeguard students and families from unauthorized immigration enforcement activities on school grounds and to certify compliance with those requirements to the Commissioner of Education.

Section 3201-b codifies and significantly expands protections long recognized under the United States Supreme Court decision Plyler v. Doe (457 U.S. 202 (1982)). This decision held that a state may not deny a child a free public education based on immigration status. Beyond reaffirming that principle, Section 3201-b imposes affirmative and detailed operational obligations on school districts.

School districts must:

• designate a school district authority to review and authorize or deny any immigration authority's request for information or access to school district property;

• restrict access to non-public areas of school property by immigration authorities absent a valid judicial warrant or court order;

• restrict the release or transfer of a student into immigration custody and restrict assistance to immigration authorities in locating, questioning, or detaining a student, absent a valid judicial warrant or court order;

• adopt procedures addressing what happens when a parent or person in parental relation is detained by immigration authorities or otherwise fails to pick up a student as scheduled, including a restriction on contacting the Statewide Central Register for Child Abuse and Maltreatment unless reasonable efforts to reach all known authorized contacts have first been made; and

• notify parents and persons in parental relation of these rights, protections and safeguards.


School districts must not:

• deny, delay, or deter a student's enrollment or participation in any program or activity on the basis of actual or perceived citizenship or immigration status of the student or of a person in parental relationship to the student;

• use school resources for immigration enforcement purposes;

• disclose or threaten to disclose a student’s or parent’s immigration status or related personally identifiable information to an immigration authority, unless in compliance with a valid judicial warrant or court order or as otherwise required by law;

• inquire about or collect immigration status, citizenship, nationality, or country of origin information from students or parents; or

• designate immigration status, citizenship, nationality, or national origin as "directory information" under FERPA.

NYSED published a model procedure in late July 2026. Within sixty (60) days of that publication, each school district must certify to the Commissioner of Education that it has developed and implemented a procedure that complies with Section 3201-b and is consistent with the NYSED model procedure. While Section 3201-b does not expressly require Board of Education approval of the NYSED model procedure, districts may choose to present the procedure for board adoption if that is the school district’s practice. Once the procedure has been developed and implemented, the Superintendent must complete the verification process. A form provided by NYSED should be submitted through the designated portal no later than September 21, 2026.

In addition, school districts should review and, if necessary, revise

• its FERPA annual notice and FERPA/directory information policy to ensure information related to immigration or citizenship status is not inadvertently designated as directory information;

• enrollment and registration procedures and required documentation lists;

• any memorandum of understanding with school resource officers or the agency employing them, to ensure compliance with the statute and NYSED guidance; and

• student emergency contact and pickup procedures and forms.

School districts should notify parents and persons in parental relation of the new rights and protections through its usual communication channels (e.g. registration materials, annual notices, website, parent communication apps). School building main office staff, transportation staff, school resource officers, and any other employees who are likely to be the first point of contact for immigration enforcement officials should also be made aware of the requirements and prohibitions, particularly in the areas of how to respond to a request for information or visit from immigration authorities.

We are happy to assist with reviewing or developing district policies and procedures, preparing required documentation, or providing staff training on the new requirements. Please do not hesitate to contact us if you have any questions or would like assistance with implementation.