Purpose

• To ensure every child in Minnesota has equal access to a free public education and to keep schools safe from intimidation or fear, including protection from immigration enforcement on campus. The bill cites Plyler v. Doe to support the goal that a student’s immigration status should not prevent them from attending school.

Key Definitions

• Citizenship or immigration status: All matters about U.S. citizenship or another country’s status, including nationality and the ability to reside or be present in the United States.
• Law enforcement agent: A state or federal officer, including a school resource officer.
• Nonjudicial warrant: Immigration detainers or civil immigration warrants issued by federal agencies (not including standard search warrants or warrants for criminal offenses).
• Prevailing party: The party who gets relief through court judgment, a court-approved settlement, or whose claim prompted a change in the other party’s position.
• School: Any school district, charter school, or cooperative unit.

Right to Free Public Education

• No child may be denied a free K–12 education in Minnesota based on actual or perceived immigration status or the status of the child’s parent or guardian.
• Schools must not exclude a child from programs or activities, or deny benefits, due to immigration status.
• Schools must not use policies that have the effect of excluding a child or parent from participation in programs or parental engagement activities because of immigration status.
• Schools must not collect or request information about citizenship or immigration status unless required by law, and must not designate immigration status or country of birth as directory information.

Data Privacy and Information Sharing

• Data about a student’s citizenship or immigration status is governed by another law (section 120A.50) to protect privacy.
• Information about citizenship or immigration status may be shared with federal or state agencies only as allowed by law (including compliance with 8 U.S.C. 1373 and 1644).

Procedures for Law Enforcement Access to Schools

• By July 1, 2027, schools must create procedures for handling requests from law enforcement to enter school buildings.
• Procedures must include: who to contact at the school and district, how to contact legal counsel, how to review warrants or subpoenas, and how to monitor and document all interactions with law enforcement on campus.
• Schools must notify and seek consent from a student’s parent/guardian, or from the student if they are 18 or older, before providing access to a student for immigration enforcement purposes unless a judicial warrant or subpoena restricts disclosure.

Required Policy

• By July 1, 2027, each school must adopt a formal policy outlining how to comply with the above procedures and protections.

Civil Remedies and Enforcement

• Starting July 1, 2027, any party harmed by violations of these protections can file a civil lawsuit.
• If the court finds a violation, remedies may include damages, injunctive relief, or a temporary restraining order.
• If a school fails to act as required, a harmed individual may seek a court-ordered mandamus directing action.
• Lawsuits can be filed in the county where the plaintiff lives or where the school is located.
• The bill allows attorney fees to a prevailing party and does not require exhausting administrative complaints before pursuing civil remedies.

Summary of Practical Effect

• Protects students from being denied education due to immigration status.
• Prohibits schools from collecting or sharing immigration data in ways not allowed by law and requires protections for privacy.
• Establishes formal procedures and policies to manage law enforcement access to schools.
• Creates a private right of action with potential damages and court orders for violations.

Relevant Terms - free public education - immigration status - citizenship status - Plyler v. Doe - nonjudicial warrant - law enforcement agent - school resource officer - directory information - 8 U.S.C. 1373 - 8 U.S.C. 1644 - civil lawsuit - injunctive relief - writ of mandamus - prevailing party - parental consent - policy - procedures - district superintendent - legal counsel - review of access requests - privacy (data treatment under section 120A.50)