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Wyandanch Union Free School District

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Student Protection Procedures

The purpose of this memorandum is to provide information related to New York State’s new immigration law, Education Law §3201-b, that went into effect earlier this summer.  By September 21, 2026, 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 public school property public schools (“LEA”) are required to do three things: (1) adopt procedures relative to implementing the new law; (2) provide notice to students, parents and persons in a parental relation of their rights under the new law; and (3) submit a verification to NYSED via SEDREF attesting the LEA has/will comply with various requirements.

  • 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 the Wyandanch Union Free School District to maintain a safe environment for all students, ensuring uninterrupted access to education regardless of immigration status, and to adopt certain procedures to implement the new law. 

    Immigration laws have always been within the sole jurisdiction of the federal government.  When there is a conflict between state and federal law, federal law preempts state law.  There are three primary federal immigration laws LEAs should be aware of: 

    1. States may not impose restrictions on LEAs relative to sending (or receiving) information regarding citizenship or immigration status to/from federal immigration officials/employees.  (8 U.S.C. §1373). 

    1. Immigration officials have the authority to interrogate a person without a warrant when the interrogation is related to the person’s right to be in the United States.  Immigration officials can also make arrests without a warrant if they have reason to believe a person is in the United States illegally or has committed a felony and is “likely to escape before a warrant can be obtained….” (8 U.C.S. §1357).  

    1. Transporting, concealing, harboring or shielding from detection an undocumented individual, where it is done knowingly or in reckless disregard of the fact that the person entered or remains in the United States illegally, is a crime.  (8 U.S.C. §1324). 

    Wherever the requirements of the new Education Law §3201-b conflict with federal law, federal law controls.  In light of this, the following are Bond’s recommendations for each of the three requirements:

  • LEAs are required to put procedures into place implementing certain components of the new state law, and Bond recommends LEAs utilize the procedures below (in blue) or others you have previously developed in conjunction with your Bond attorney.  Note, we are aware of and have reviewed recommendations from other legal resources across the state and disagree with some of their recommendations.  Specifically, there is no legal requirement LEAs adopt policies and we do not recommend LEAs do so; superintendent procedures are sufficient to comply with the legislative requirements.  There is also no requirement LEAs assign an “Immigrant Student Rights Liaison” and we strongly caution against LEAs providing immigration advice to students/parents.  This is a complicated area requiring a great deal of expertise and there is a risk such advice could run afoul of federal law.   

    Procedures for Implementing New York Education Law related to Immigration 

    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 the Wyandanch Union Free School District to maintain a safe environment for all students, ensuring uninterrupted access to education regardless of immigration status, and to adopt certain procedures to implement the new law.   

     

    These procedures set forth the steps the Wyandanch Union Free School District will take to: 
     

    1. Review and authorize requests from immigration authorities to enter school property or take custody of a student; 
       

    1. Notify parents and persons in a parental relationship about the rights of and protection for students, parents, and persons in a parental relationship; and  
       

    1. Contact all emergency contacts prior to contacting the statewide register for child abuse and maltreatment where a parent or person in a parental relationship to the student has been detained. 

     

    Reviewing and Authorizing Requests from Immigration Authorities: 

     

    If a staff member is contacted by immigration authorities regarding a student, the staff member will contact Dr. Erik D. Wright who shall, in turn, seek guidance from the Wyandanch Union Free School District’s attorney prior to releasing information about a student or releasing the student to such authorities.  

      

    Dr. Erik D. Wright shall be responsible for making the final decision regarding the release of information or a student to immigration authorities. While awaiting guidance from Dr. Wright designated building administrators are authorized to obtain additional information from immigration authorities in order to ensure that the District complies with its legal obligations.   

     

    Immigration officials should be asked to stay outside the building or in the Main Office (or other public space within the school).  Staff should not be argumentative with immigration authorities or physically impede, interfere with, or obstruct immigration officials in performing their duties.  Designated building administrators can ask the following questions of, and collect the following information from (including taking notes and making photocopies of all information presented), the immigration official or employee:   

     

    Identification and Credentials 

     

    • Can you provide identification and verify your credentials? 

    • Which agency do you represent?  

    • What is the purpose of your visit? 

    • Are you acting under a warrant, subpoena, or any other legal authority? 

     

    Legal Documentation 

     

    • Do you have a judicial warrant signed by a judge? [If yes, request a copy and confirm its validity.] 

    • Can you provide a copy of the warrant or subpoena for the school’s legal review?  [Always send to counsel for immediate review.] 

    • If there is no warrant, are you stating there are exigent circumstances in order to access the student without a warrant?  If so, can you please share, in general, what those exigent circumstances are?  

    • Please wait while we contact the District’s legal counsel to review your request.  

     

    Purpose of the Request 

     

    • What is the specific reason for your visit? 

    • Is the student being detained, questioned, or served legal paperwork? [This allows school to tell the parent and counsel what’s going on.] 

     

    Student and Family Rights 

     

    • Has the student’s parent/guardian or legal representative been notified? 

    • Do you know if the student or parent has access to legal counsel?   

     

    Impact on School and Students 

     

    • Why is it necessary to conduct this interaction on school property? Can this matter be addressed outside of school hours or off school property? 

    • How can we work together to minimize disruption to the school environment? 

     

    School/District Policy and Next Steps 

     

    • Who from your organization should we contact for clarification or further instructions and follow-up questions? 

     

    Notifying Parents and Persons in a Parental Relationship regarding Immigration Rights: 

     

    The Wyandanch Union Free School District shall publish the following Notice of Immigration Rights via the District Wide ParentSquare App in the beginning of each school year:   
     

    Rights of and Protections for Students, Parents and Persons in a Parental Relation related to School Enrollment and Immigration 
     

    In 1984, the United States Supreme Court ruled it is unconstitutional to deny undocumented children access to a free, public K-12 education.   This ruling is still in place today and is the law.  Wyandanch Union Free School Disrtict is committed to ensuring students have equal access to education, regardless of immigration status, national origin, citizenship, or any other protected reason, and strictly complies with the Supreme Court’s decision.   
     

    The Wyandanch Union Free School District takes all legally allowable steps to protect students while they are attending school.  The school has strict protocols in place for handling requests from immigration officials for (1) information about students; (2) cooperation with immigration enforcement activities; and (3) requests for a student to be released to immigration authorities.  
     

    Parents and persons in a parental relationship should make sure the Wyandanch Union Free School District has updated emergency contact information, including a list of all individuals authorized to pick your child up from school, in the event you are unavailable to do so.  Please contact CentralReg@wufsd.net and or InfiniteCampusHelp@wufsd.net to provide any necessary updates.  

     

    Contact Procedures – Parent Detention 

     

    In the event the Wyandanch Union Free School District becomes aware that a parent of or person in a parental relationship to a student will be unavailable to retrieve the student from school or a school function because a person in a parental relationship has been detained by immigration authorities, or the student is not picked up as scheduled, the school shall make reasonable efforts to contact all known individuals authorized to pick the student up, and the school will retain the student until the student is picked up by an individual authorized by the parent or person in a parental relationship to such student or by law.  Only when all reasonable efforts have been exhausted shall the school contact the statewide central register for child abuse and maltreatment.   

  • Prior to September 20, 2026 (the due date for LEAs to submit the verification via SEDREF which is discussed in the following section), LEAs must publish the “Rights and Protections for Students, Parents and Persons in a Parental Relation related to School Enrollment and Immigration”, above. 

  • Each LEA is required to upload a “District Verification of Compliance,” which is available as a word document, in SEDREF.  We recommend that, prior to submission, the superintendent/executive director add the following statement directly under #4 (“Emergency Placement and Pick Up Safeguards”) and directly above the signature line on the verification form:  “Notwithstanding the foregoing, the Wyandanch Union Free School District complies with all federal immigration laws including but not limited to 8 UCS §1373, 8 USC §1324 and 8 USC §1357.”