POLICY AND COMPLIANCE PROCEDURES FOR NY EDUCATION LAW § 3201-b

Effective Date: May 27, 2026

Purpose

NYC Autism Charter Schools (NYCACS) is committed to providing a safe and welcoming learning environment for every student and family, regardless of actual or perceived immigration status, citizenship, nationality, or country of origin.

Consistent with New York Education Law § 3201-b and applicable federal law, all children have the right to attend public school regardless of their own immigration status or that of their parents or guardians.

This policy explains how NYCACS will protect that right and how staff must respond to requests involving immigration enforcement.

Requests from Immigration Authorities

NYCACS will designate an administrator to handle any request from an immigration authority to:

• enter non-public areas of school property;
• obtain information about a student or family;
• speak with or locate a student; or
• take custody of a student.

Staff should not respond to these requests on their own. Any such request must immediately be referred to the designated administrator – your Head of School or Director level staff who will then contact the Executive Director.

Before responding, NYCACS will consult with legal counsel and review any warrant, court order, or other documentation presented to determine whether NYCACS is legally required to comply. NYCACS will also make any notifications required by the New York State Education Department.

When appropriate and legally permitted, NYCACS will notify the student’s parent or legal guardian of the request and of applicable legal rights and protections.

Access to School Property

Immigration authorities may not be given access to non-public areas of NYCACS property unless they present a valid judicial search or arrest warrant signed by a federal U.S. District Court judge or federal magistrate judge, or access is otherwise required by law.

Civil immigration warrants, administrative warrants or detainers, notices to appear, and similar non-judicial documents do not, by themselves, authorize access to non-public areas of the school.

Staff should not attempt to determine whether a document is legally sufficient. Refer the individual and any documentation to the designated administrator.

Access to or Custody of Students

NYCACS staff may not assist immigration authorities in locating, questioning, detaining, removing, or taking custody of a student unless NYCACS is legally required to do so pursuant to a valid judicial warrant, court order, or other applicable law.

In particular, staff may not release a student to immigration authorities:

• solely because the student’s parent or guardian has been arrested, detained, or taken into federal custody; or
• based solely on a civil immigration warrant, immigration detainer, notice to appear, or other non-judicial document.

NYCACS will comply with valid judicial warrants, court orders, and lawful criminal investigations when legally required.

Immigration authorities may not be used as interpreters or translators in law-enforcement matters involving NYCACS students or families.

If a Parent or Guardian Is Detained or Does Not Pick Up a Student

If a parent or guardian is detained by immigration authorities or otherwise fails to pick up a student as scheduled, NYCACS will keep the student safely supervised at school while staff attempt to contact other individuals authorized to pick up the student.

Staff must make every reasonable effort to reach the student’s authorized emergency contacts before making a report to the Statewide Central Register of Child Abuse and Maltreatment based on the failure to pick up the student.

Student and Family Information

NYCACS will not collect information about a student’s or family’s citizenship, immigration status, nationality, or country of origin unless collection of that information is specifically permitted or required by law.

Staff may not disclose, or threaten to disclose, a student’s or family’s actual or perceived citizenship or immigration status except when disclosure is legally authorized or required.

Staff also may not provide immigration authorities with personally identifiable information about a student or family unless disclosure is legally authorized or required. This includes information such as:

• names and addresses;
• telephone numbers;
• Social Security numbers or other identifying numbers;
• dates or places of birth;
• physical descriptions or biometric information;
• financial or medical information;
• employment information; and
• other information that could reasonably be used to identify a particular student.

Immigration status, citizenship, nationality, and national origin will not be designated as student “directory information.”

Nothing in this policy prevents NYCACS from sharing information when disclosure is specifically required or permitted by federal or state law, including pursuant to a valid judicial warrant or court order or as otherwise required by applicable federal immigration law.

Enrollment and Participation in School

NYCACS will not use enrollment or registration procedures in a way that delays, discourages, or prevents a student from attending school because of actual or perceived immigration or citizenship status.

A student will not be prevented from enrolling or attending class simply because the family cannot immediately provide every requested registration document, including proof of residency or age. NYCACS will follow applicable New York State requirements for assisting families in establishing eligibility and completing enrollment documentation.

NYCACS will not adopt or implement practices that discourage or prevent a student from participating in school programs or activities because of actual or perceived citizenship or immigration status.

Parents and guardians likewise may not be excluded or discouraged from participating in school activities or family engagement opportunities on these grounds.

Use of NYCACS Resources

NYCACS facilities, equipment, staff time, records, databases, or other resources may not be used to assist in immigration enforcement except when NYCACS is legally required to cooperate.

Nothing in this policy should be interpreted as giving NYCACS employees authority to participate in immigration enforcement beyond what is required by law.

What Staff Should Do

If an immigration authority contacts you, comes to the school, requests information, or asks to speak with or take custody of a student:

• Remain calm and professional.
• Do not provide access, information, records, or a student.
• Do not attempt to evaluate a warrant or other legal document yourself.
• Immediately contact the designated NYCACS administrator – your Head of School or Director level staff who will then contact the Executive Director.
• Allow the designated administrator and NYCACS legal counsel to determine the appropriate response.

No employee will be expected to make legal judgments about immigration enforcement requests independently.

Compliance

NYCACS will maintain procedures necessary to implement this policy and will train appropriate staff regarding their responsibilities.

The Executive Director or designee will complete any certification or reporting required by the New York State Education Department, including certification that NYCACS has developed and implemented procedures consistent with New York Education Law § 3201-b.

This policy will be interpreted and implemented consistent with New York Education Law § 3201-b, FERPA, applicable federal law, and guidance issued by the New York State Education Department.