Student and Family Rights Under New York State Education Law § 3201-b ensures students have equal access to a public education regardless of actual or perceived citizenship or immigration status and includes requirements related to school interactions with immigration authorities.
No student or person in parental relation to a student may, on account of their perceived or actual citizen or immigration status:
- Be refused admission to or have admission to school deterred or delayed
- Be excluded or deterred from participation in any program or activity, including parental engagement activities, of the school/district
No school personnel may require a student or person in parental relation to a student to provide information about citizenship, immigration status, nationality, or country of origin except:
- To comply with a court order issued by a federal judge or federal magistrate judge
- As necessary to administer a public program or benefit sought by the student or person in parental relation
- When registering an individual to vote and other election related matters
- As otherwise required by law
No school or school personnel may disclose or inquire about any information, including actual records, about the actual or perceived citizenship or immigration status of a student or a person in a parental relationship, including immigration officials, except:
- To comply with a court order issued by a federal judge or federal magistrate judge
- As necessary to administer a public program or benefit sought by the student or person in parental relation
- When registering an individual to vote and other election related matters
- Immigration status, citizenship, nationality, or national origin is not designated directory information pursuant to FERPA
Should school personnel become aware that a person in parental relationship will be unavailable to retrieve a student from school because they are detained by immigration authorities or a student is not picked up as scheduled, the school will make reasonable efforts to contact all known individuals authorized by the parent/person in parental relationship to retrieve the student and will retain the student on school premises until the student is picked up by such individual. Should the school be unable to contact authorized individual(s) with reasonable effort, the designated individual may contact Albany County Department of Social Services officials.
As required by New York State Education Law § 3201-b, the Watervliet City School District has adopted and implemented procedures to ensure all students have uninterrupted access to public education regardless of immigration status. These procedures detail district protocols related to requests from immigration authorities, student custody, confidentiality of student information, access to school property, and notification of rights. View the district’s procedures