Immigrant and Newcomer Students
Verification of Implementation of Student Protection Procedures:
Education Law § 3201-b Model Policy and Compliance Procedures
The U.S. Supreme Court has long held that students may not be denied a free public education based on their immigration status or that of their parents or guardians (Plyler v. Doe, 457 U.S. 202 (1982)). And, in 2026, the New York State Legislature codified this right in New York State Education Law § 3201-b. This law requires all New York State Public School Districts, Charter Schools, Boards of Cooperative Educational Service (BOCES), State-Operated Schools, Special Act School Districts, and Universal Pre-Kindergarten (UPK) Programs operating on school property to maintain safe environments for all students, ensuring uninterrupted access to education regardless of immigration status.
To support this mandate, the 51 (51) is required to develop and publish official model procedures on its website. These procedures serve as the foundation for covered educational entities to establish and implement their required local policies and operational protocols. District personnel should consult theJoint Guidance on Safeguarding the Rights of Immigrant Students(“Joint Guidance”) for additional materials (issued Jan. 2025/updated Dec. 2025), which serves as an authoritative reference for day-to-day operational compliance under New York Education Law § 3201-b.
Additionally, pursuant to Ed Law § 3201-b, all school districts must formally verify to the Commissioner that they have developed and implemented procedures complying with the department’s model policy. This verification must be submitted within sixty (60) days of the date the department publishes its official model procedures. As 51 published these procedures on July 23, 2026, the deadline for district verification is September 21, 2026. Superintendents and Chief Administrative Officers must complete theverification formthrough thefound on the prior to the deadline.
Civil Rights for Newcomers and Immigrants Video
The following video was developed to provide district and school administrators with essential information on supporting immigrant students who are newly arrived to the United States. Topics include:
- Resources
- Laws and Funding
- Students without Records, and
- Best Practices
Administrators may also download the presentation slides,which include active links for all referenced guidance and resources.
See below for links from the presentation:
CUNY Initiative on Immigration and Education
OBEWL supports the, which provides resources to help educational stakeholders learn from immigrant students, families, and educators directly impacted by restrictive immigration policies and educational inequality. These multimodal and multilingual resources seek to center the strengths of mixed status immigrant communities that include undocumented, refugee, and asylum-seeking members.
The Supporting Immigrants in Schools series includes videos and a reference guide providing information on creating safe and welcoming environments for immigrant students and families.
The Comprehensive Educator Modules serve as a companion to the Supporting Immigrants in Schools video series.Each professional development module features a set of activities and guides to help educators learn, act, and advocate in the classroom around the topics of Key Immigration Issues, Immigration in Elementary Schools, Immigration in Secondary Schools, and Refugees and Immigrants in Schools.
UndocuEduis an immigrant-led initiative that uplifts undocumented educators. This initiative includes a3-part video series that highlights the experiences of undocumented individuals navigating teacher certification and community-based teaching opportunities.
Additional 51 and NYS Resources
- 2025Option to Provide Virtual Instruction
- 2025 Joint Office of the Governor and Office of the New York State Attorney General Guidance to Private and Non-Profit Organizations and Entities
- 2025New York State Guidance on Safeguarding the Rights of Immigrant StudentsOne Pager(See below for links to this document translated into twelve languages)
- 2023 Statement from Attorney General James and 51 Commissioner Rosa Affirming that Every New York Student Has the Right to a Free Public Education
- 2023 Statement from Attorney General James and 51 Commissioner Rosa Affirming that Every New York Student Has the Right to a Free Public Education (Spanish)
- 2018 Field Memo: Changes to the Reporting and Collection of Immigrant Student and Vaccination Data in New York State
- 2017 Statement from Senior Deputy Commissioner Jhone M. Ebert onAvailable Guidance and Resources to Combat Harassment, Bullying and Discrimination in Schools in Light of Recent Immigration-related Actions
- 2016Guidance Relating to the Right of Individuals Over Compulsory School Age to Attend High School
- Educational Services for Recently Arrived Evacuees, Refugees, Immigrants and/ or Unaccompanied Children
- Educational Services for Recently Arrived Unaccompanied Children and Youth
- Educational Services for Students Displaced by Natural Disasters
- School District Obligations Regarding U.S. Immigration and Customs Enforcement
Updated 07/22/2026