BILL NUMBER: S4735
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend the civil rights law and the education law, in relation
to protecting students, faculty, and staff from civil arrest while
attending or participating in school activities
 
PURPOSE:
To ensure that students, faculty, and staff are protected from civil
immigration arrest while attending school or participating in school-re-
lated activities and to establish clear guidelines on law enforcement
access to school property.
 
SUMMARY OF PROVISIONS:
Section 1: Establishes the short title of the bill as the "Protect Our
Schools Act."
Section 2: Adds § 29 to the Civil Rights Law, which:
*Protects students, teachers, staff, and visitors from civil arrest
while traveling to or from school, attending classes, or participating
in school activities.
*Prohibits civil arrests on school premises without a judicial warrant.
*Declares unauthorized civil arrests at schools to be unlawful, consti-
tuting false imprisonment.
*Grants individuals the right to file civil lawsuits for violations and
allows the Attorney General to enforce compliance.
Section 3: Adds § 409-o to the Education Law, which:
*Requires school administrators to prevent unauthorized law enforcement
activity on school grounds.
*Prohibits public and charter schools from allowing law enforcement
access to students without a judicial warrant or imminent safety
concern.
*Mandates school officials to notify parents/guardians if a student is
subject to a judicial warrant, unless prohibited by the order.
*Prevents law enforcement from using school facilities for immigration
enforcement unless legally required.
*Restricts school resource officers from accessing or redisclosing
student immigration records without a judicial order.
*Requires the Commissioner of Education to issue regulations and train-
ing for school personnel on handling law enforcement requests.
*Directs the Department of Education to publish annual reports on civil
arrests attempted or conducted at schools.
Section 4: Includes a severability clause to ensure remaining provisions
remain in effect if any part of the act is invalidated.
Section 5: Establishes the act's immediate effective date.
 
JUSTIFICATION:
Schools are meant to be safe environments where students can focus on
learning, yet recent incidents of immigration enforcement and civil
arrests on school properties have created fear and uncertainty among
students, families, and educators. The presence of law enforcement
executing civil immigration arrests-particularly without judicial
warrants-disrupts the school environment and places undue stress on
vulnerable students, including immigrant youth and mixed-status fami-
lies. This climate of fear discourages school attendance, impairs
academic performance, and weakens trust in schools as places of learning
and support.
The New York State Education Department (NYSED) has already issued
guidelines advising schools on how to protect students from unwarranted
law enforcement actions, particularly in the context of immigration
enforcement. This bill codifies many of those existing NYSED guidelines
into law, ensuring that all schools consistently follow best practices
to protect students from undue law enforcement interference. Codifica-
tion is essential to prevent these protections from being subject to
shifting administrative policies or discretionary enforcement.
Federal immigration policies and enforcement practices have led to
heightened anxiety in immigrant communities, with reports of school-
based enforcement actions negatively impacting student attendance and
engagement. These actions disproportionately affect communities of
color, deepen educational inequities, and deter parents from engaging
with schools due to fear of law enforcement encounters. When students
feel unsafe, their ability to focus, participate, and thrive in an
academic setting is significantly hindered.
This bill seeks to address these concerns by ensuring that:
*Students, faculty, and staff are shielded from civil arrests at school
unless supported by a judicial warrant. This prevents arbitrary enforce-
ment actions from disrupting learning environments and promotes
students' rights to education without fear.
*Schools serve as protected spaces, where law enforcement cannot conduct
civil arrests without explicit legal authorization, ensuring that educa-
tional institutions remain free from undue policing and enforcement
actions.
*Parents and guardians are notified if law enforcement seeks to detain a
student, reinforcing transparency and allowing families to seek legal
counsel and advocacy when necessary.
*Clear legal standards are established for law enforcement access to
school grounds, preventing unchecked discretion and maintaining consist-
ency across school districts.
*School personnel are equipped with the necessary training to handle law
enforcement requests properly, ensuring they understand and uphold
students' rights while complying with legal requirements.
Similar protections have been adopted in other jurisdictions to prevent
civil enforcement actions from interfering with education. New York has
a duty to ensure its schools remain safe havens for students, regardless
of their immigration status or background. By codifying these
protections into law, this bill reinforces that commitment and ensures
that schools are protected spaces where students can focus on their
education without fear of civil immigration arrest or detention
 
LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPLICATIONS:
Minimal administrative costs anticipated for compliance and reporting
requirements.
 
EFFECTIVE DATE:
This act shall take effect immediately upon becoming law.