NYS Rights of Immigrant Students

The document titled "New York State Guidance on Safeguarding the Rights of Immigrant Students" (January 2025) provides comprehensive guidance from the Office of the New York State Attorney General (OAG), the Office of the New York Governor, and the New York State Education Department (SED). Here are the key points:

I. Enrollment and Registration Requirements

  • Eligibility: All children ages 5 to 21 in New York are entitled to a free public education, regardless of immigration status.
  • Non-Discrimination: Schools cannot refuse admission based on national origin, immigration status, race, or language proficiency.
  • Proof of Residency: Schools must accept various forms of residency proof and cannot request information that reveals immigration status.
  • Immediate Enrollment: Migrant and homeless students must be enrolled immediately, even without typical documentation.

II. Collecting Student Information and Accessing Student Records

  • Privacy Protections: Under FERPA, schools cannot disclose personally identifiable information (PII) without parental consent, except under specific conditions.
  • Directory Information: Schools should review their policies to ensure they do not inadvertently disclose immigration status.
  • Law Enforcement Requests: Schools should not disclose student information to law enforcement without a judicial order or subpoena and must consult their attorney before doing so.

III. Law Enforcement’s Detention, Interrogation, or Removal of Students

  • Parental Consent: Law enforcement cannot remove or interrogate students without parental consent, except in limited circumstances.
  • Documentation Requirements: Schools should request and review documentation from law enforcement before taking any action.
  • Notification: Schools must notify parents if law enforcement requests access to their child, unless prohibited by law.

IV. Bullying and Harassment

  • Legal Protections: New York and federal laws prohibit harassment and bullying based on race, national origin, and immigration status.
  • School Policies: Schools must develop policies to address and prevent bullying and harassment, train staff, and report incidents.

V. Detention or Deportation of Student Family Members

  • Emergency Contacts: Schools should ensure students have updated emergency contact information in case a parent or guardian is detained or deported.
  • Resource Sharing: Schools should provide information about legal and community resources to affected students and families.

VI. Appendix: Resources

  • Governor’s Office Resources: Information on services for immigrants, homeless students, and those facing discrimination.
  • SED Resources: Contact information for the SED Privacy Office and guidance on filing privacy complaints.
  • OAG Resources: Information on filing civil rights and hate crime complaints, and resources on avoiding immigration services fraud.

This guidance aims to ensure that immigrant students in New York have equal access to education and are protected from discrimination and harassment. If you need more detailed information on any specific section, feel free to call 800-354-0365 or visit the NYC Mayors Office of Immigrant Affairs website!

https://www.nyc.gov/site/immigrants/index.page Source: NYC Mayors Office of Immigrant Affairs