NY State Senate Bill 2025-S4735

Senate Bill S4735

2025-2026 Legislative Session

Relates to protecting students, faculty, and staff from civil arrest while attending or participating in school activities

download bill text pdf

Current Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 12, 2025	referred to codes

2025-S4735 (ACTIVE) - Details

See Assembly Version of this Bill:: A5373
Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §29, Civ Rts L; add §409-o, Ed L

2025-S4735 (ACTIVE) - Summary

Prohibits civil arrest in school settings; prohibits all public and charter schools from allowing law enforcement officials inside school property to access a student, except to address an imminent safety situation or if they have an appropriate judicial warrant or judicial order.

2025-S4735 (ACTIVE) - Sponsor Memo

                                 
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.

2025-S4735 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4735
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2025
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 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

 S. 4735                             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
 S. 4735                             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.

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