Article I: Purpose and Legal Authority
The U.S. Supreme Court has long held that students may not be denied a free public education based on their immigration status or that of their parents or guardians (Plyler v. Doe, 457 U.S. 202 (1982)).
In 2026, New York State codified this right through Education Law § 3201-b. The law requires all public school districts, BOCES, charter schools, state-operated schools, Special Act school districts and UPK programs operating on school property to maintain safe learning environments and ensure uninterrupted access to education regardless of immigration status.
These procedures establish mandatory operational standards to safeguard the rights of immigrant and noncitizen students and ensure that school environments remain free from unauthorized immigration enforcement or discrimination based on actual or perceived immigration status, citizenship, nationality or country of origin.
Article II: Request Review and Student Custody Protocol
The Superintendent of Schools is designated to handle all requests from immigration authorities seeking access to school property or custody of a student.
When such a request is received, the Superintendent will:
- Consult with the district’s attorney before responding.
- Verify the officer’s identification and agency.
- Determine whether the request is accompanied by a valid judicial warrant or court order issued by a federal U.S. District Court.
- Notify the student’s parent or guardian unless specifically prohibited by law.
If a parent or guardian is detained by immigration authorities or fails to pick up a student as scheduled, the district will keep the student safely on school premises and make every reasonable effort to contact all authorized emergency contacts before considering any child welfare referral.
Article III: Restrictions on School Resources and Information Sharing
District personnel are prohibited from:
- Using school resources for immigration enforcement purposes.
- Disclosing or threatening to disclose information regarding a student’s or family’s actual or perceived citizenship or immigration status, except as required by law.
- Requesting or collecting information regarding citizenship, immigration status, nationality or country of origin, except as required by law.
- Sharing personally identifiable information with immigration authorities, including:
- Names
- Social Security numbers
- Physical descriptions
- Addresses
- Telephone numbers
- Financial information
- Medical information
- Employment information
- Designating immigration status, citizenship, nationality or national origin as directory information.
- Delaying or denying enrollment because required registration documents are not immediately available.
- Adopting practices that discourage participation in school programs or parental involvement based on actual or perceived immigration status.
Permitted Exceptions
Information may be disclosed when required by law, including:
- Compliance with a federal judicial warrant or court order.
- Administration of a public benefit requested by a family.
- Information exchanges authorized under 8 U.S.C. §§ 1373 and 1644.
- Voter registration requirements.
Article IV: Restricting Access to School Property
District personnel may not grant immigration authorities access to non-public areas of school property unless presented with a valid federal judicial search or arrest warrant signed by a federal U.S. District Court or Magistrate Judge.
Any such access may only be authorized by the Superintendent of Schools after all district procedures have been followed.
Article V: Restricting Access to Students
District personnel are prohibited from:
- Releasing a student to immigration authorities solely because a parent or guardian has been arrested, detained or taken into federal custody.
- Releasing a student based on a civil immigration warrant, immigration detainer, notice to appear or other non-judicial document.
- Assisting immigration authorities in locating, questioning or detaining a student except as permitted by law.
- Using immigration authorities as interpreters or translators in law enforcement matters.
Permitted Exceptions
District personnel may comply with:
- A judicial warrant or court order specifically authorizing custody of a student.
- Information exchanges authorized under 8 U.S.C. §§ 1373 and 1644.
- Valid federal court orders or judicial warrants issued by an Article III judge or federal magistrate judge.
- Lawful criminal investigations conducted in accordance with New York State law.
Article VI: Notification of Rights and Procedures
The district will:
- Make the procedures available to parents, guardians and students upon request.
- Share the procedures directly with families and students when appropriate.
Verification of Implementation Requirement
In accordance with Education Law § 3201-b, the Guilderland Central School District has adopted and implemented these Student Protection Procedures and has made them available to staff, students and families as required by law.
Ed Law § 3201-b Verification of Implementation of Student Protection Procedures