S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5373
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2025
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Education
 
 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

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "protect our schools act".
   § 2. The civil rights law is amended by adding a  new  section  29  to
 read as follows:
   § 29. CIVIL ARREST; PROTECTION IN SCHOOL SETTINGS. 1. A PERSON ATTEND-
 ING,  EMPLOYED  AT, OR OTHERWISE LAWFULLY PRESENT AT A SCHOOL, INCLUDING
 STUDENTS, TEACHERS, SCHOOL STAFF, VOLUNTEERS, AND  VISITORS,  IS  PRIVI-
 LEGED FROM CIVIL ARREST WHILE:
   (A) TRAVELING TO AND FROM SCHOOL;
   (B) ATTENDING CLASSES OR SCHOOL-RELATED ACTIVITIES;
   (C) PARTICIPATING IN EXTRACURRICULAR OR EDUCATIONAL PROGRAMS ON SCHOOL
 GROUNDS  OR ARE AFFILIATED WITH THE SCHOOL, INCLUDING BUT NOT LIMITED TO
 AFTER SCHOOL PROGRAMS.
   2. NO CIVIL  ARREST  SHALL  BE  EXECUTED  ON  SCHOOL  PREMISES  UNLESS
 SUPPORTED  BY  A  JUDICIAL WARRANT AUTHORIZING SUCH AN ARREST OR DETAIN-
 MENT.
   3. NO OTHER DOCUMENT SHALL BE SUFFICIENT  FOR  THE  EXECUTION  OF  ANY
 CIVIL  ARREST INCLUDING AN ADMINISTRATIVE WARRANT OR IMMIGRATION DETAIN-
 ER.
   4. IT SHALL BE CONSIDERED UNLAWFUL AND CONSTITUTE  FALSE  IMPRISONMENT
 FOR ANY PERSON TO WILLFULLY VIOLATE THIS SECTION BY EXECUTING OR ASSIST-
 ING IN AN ARREST PROHIBITED UNDER THIS SECTION.
   5.  A  PERSON WHOSE RIGHTS UNDER THIS SECTION ARE VIOLATED MAY BRING A
 CIVIL ACTION FOR EQUITABLE AND  DECLARATORY  RELIEF.  ADDITIONALLY,  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09018-01-5
              

 A. 5373                             2
 
 ATTORNEY  GENERAL  MAY  BRING A CIVIL ACTION IN THE NAME OF THE STATE TO
 ENFORCE COMPLIANCE.
   6.  ANY  SUCCESSFUL  ACTION PURSUANT TO THIS SECTION MAY RESULT IN THE
 RECOVERY OF COSTS AND REASONABLE ATTORNEY'S FEES.
   7. AS USED IN THIS SECTION:
   (A) "JUDICIAL WARRANT OR ORDER" SHALL MEAN A WARRANT OR ORDER THAT  IS
 SIGNED BY A UNITED STATES DISTRICT JUDGE OR FEDERAL MAGISTRATE JUDGE AND
 DEMONSTRATES  PROBABLE  CAUSE  TO  BELIEVE AN INDIVIDUAL HAS COMMITTED A
 CRIME OR OFFENSE.
   (B) "ADMINISTRATIVE WARRANT" SHALL MEAN A WARRANT THAT IS PREPARED AND
 ISSUED BY FEDERAL IMMIGRATION AUTHORITIES AND DIRECTS FEDERAL  OFFICIALS
 TO ARREST A NONCITIZEN FOR REMOVAL OR REMOVAL PROCEEDINGS.
   (C)  "IMMIGRATION  DETAINER" SHALL MEAN A REQUEST, TYPICALLY ISSUED BY
 FEDERAL IMMIGRATION AUTHORITIES TO LOCAL LAW  ENFORCEMENT  AGENCIES,  TO
 KEEP  AN  INDIVIDUAL  IN CUSTODY FOR UP TO FORTY-EIGHT HOURS BEYOND WHEN
 THE INDIVIDUAL IS SCHEDULED FOR RELEASE.
   § 3. The education law is amended by adding a  new  section  409-o  to
 read as follows:
   §  409-O. AUTHORITY OF SCHOOLS TO MAINTAIN A SAFE EDUCATIONAL ENVIRON-
 MENT. 1. SCHOOL ADMINISTRATORS SHALL TAKE APPROPRIATE ACTION TO  PREVENT
 UNAUTHORIZED  LAW  ENFORCEMENT  ACTIVITY  ON  SCHOOL GROUNDS, TO PROTECT
 STUDENTS' RIGHTS TO A SECURE LEARNING ENVIRONMENT.
   2. ALL PUBLIC AND CHARTER SCHOOLS ARE  PROHIBITED  FROM  ALLOWING  LAW
 ENFORCEMENT OFFICIALS INSIDE SCHOOL PROPERTY TO ACCESS A STUDENT, EXCEPT
 TO  ADDRESS  AN  IMMINENT SAFETY SITUATION OR IF THEY PRESENT ANY OF THE
 DOCUMENTS STATED IN PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION.
   3. EVERY LAW ENFORCEMENT OFFICIAL ENTERING SCHOOL  PROPERTY  WITH  THE
 INTENT TO CONDUCT A CIVIL IMMIGRATION ARREST SHALL:
   (A) IDENTIFY THEMSELVES TO SCHOOL ADMINISTRATION;
   (B)  PROVIDE  A  JUDICIAL  WARRANT  OR  JUDICIAL  ORDER AUTHORIZING AN
 ARREST; AND
   (C) OBTAIN PERMISSION FROM SCHOOL ADMINISTRATORS UNLESS RESPONDING  TO
 AN IMMINENT SAFETY THREAT.
   4. BEFORE TAKING ANY OTHER ACTION, A SCHOOL SHALL PROVIDE THE SCHOOL'S
 SUPERINTENDENT  AND  SCHOOL  DISTRICT  ATTORNEY  WITH  THE DOCUMENTATION
 PROVIDED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION,
 WHICH SUCH SUPERINTENDENT AND SCHOOL DISTRICT ATTORNEY SHALL  ASSESS  IN
 THE  CONTEXT  OF  THE LAW ENFORCEMENT REQUEST, AND AWAIT GUIDANCE BEFORE
 PROCEEDING.
   5. A SCHOOL SHALL IMMEDIATELY NOTIFY THE PARENT  OR  GUARDIAN  OF  THE
 STUDENT  WHO  IS  THE  SUBJECT  OF  A JUDICIAL WARRANT OR JUDICIAL ORDER
 AUTHORIZING AN ARREST UNLESS SPECIFICALLY PROHIBITED BY SUCH WARRANT  OR
 ORDER.
   6.  SCHOOLS  SHALL  ESTABLISH  AND  PUBLICLY  POST PROTOCOLS TO ENSURE
 STUDENTS, STAFF, AND  PARENTS  ARE  AWARE  OF  THEIR  RIGHTS  UNDER  THE
 PROVISIONS OF THIS SECTION.
   7.  NO  SCHOOL RESOURCE OFFICER OR ANY LAW ENFORCEMENT OFFICIAL ACTING
 ON BEHALF OF AN IMMIGRATION  AUTHORITY  SHALL  DETAIN,  INTERROGATE,  OR
 REMOVE A STUDENT FOR THE PURPOSE OF ASCERTAINING IMMIGRATION STATUS.
   8.  LAW  ENFORCEMENT OFFICIALS SHALL NOT UTILIZE SCHOOL FACILITIES FOR
 IMMIGRATION ENFORCEMENT ACTIONS UNLESS REQUIRED BY  LAW  OR  A  JUDICIAL
 ORDER.
   9.  STUDENT  RESOURCE  OFFICERS  SHALL BE PROHIBITED FROM ACCESSING OR
 REDISCLOSING STUDENT RECORDS CONTAINING IMMIGRATION  STATUS  OR  RELATED
 INFORMATION  EXCEPT WHEN A JUDICIAL ORDER OR LAWFULLY ISSUED SUBPOENA IS
 A. 5373                             3
 
 PROVIDED AND AFTER CONSULTATION WITH  THE  SCHOOL'S  SUPERINTENDENT  AND
 SCHOOL DISTRICT ATTORNEY.
   10.  (A)  THE  COMMISSIONER SHALL PROMULGATE ALL RULES AND REGULATIONS
 NECESSARY TO ENSURE COMPLIANCE WITH  THE  PROVISIONS  OF  THIS  SECTION,
 INCLUDING  BUT NOT LIMITED TO, TRAINING FOR SCHOOL PERSONNEL ON HANDLING
 LAW ENFORCEMENT REQUESTS.
   (B) THE DEPARTMENT SHALL  PUBLISH  AN  ANNUAL  REPORT  ON  ENFORCEMENT
 ACTIONS  AFFECTING  SCHOOLS,  DETAILING  THE  NUMBER AND NATURE OF CIVIL
 ARRESTS ATTEMPTED OR CONDUCTED ON SCHOOL PREMISES.
   11. AS USED IN THIS SECTION "JUDICIAL WARRANT OR ORDER" SHALL  MEAN  A
 WARRANT  OR  ORDER  THAT  IS SIGNED BY A UNITED STATES DISTRICT JUDGE OR
 FEDERAL MAGISTRATE JUDGE AND DEMONSTRATES PROBABLE CAUSE TO  BELIEVE  AN
 INDIVIDUAL HAS COMMITTED A CRIME OR OFFENSE.
   § 4. Severability. If any clause, sentence, paragraph, section or part
 of  this act shall be adjudged by any court of competent jurisdiction to
 be invalid and after exhaustion of  all  further  judicial  review,  the
 judgment  shall  not affect, impair or invalidate the remainder thereof,
 but shall be confined in its operation to the  clause,  sentence,  para-
 graph,  section or part of this act directly involved in the controversy
 in which the judgment shall have been rendered.
   § 5. This act shall take effect immediately.