Immigration protocols: student information privacy duties of school districts and schools

School districts and schools may not collect or request information regarding the citizenship or immigration status of a student or of a family member of the student, except as required by State or federal law or as required to administer a State- or federally supported educational program.

School districts and schools may not disclose a student's immigration status, citizenship, place of birth, nationality or national origin in any database that the school maintains or as directory information under the Family Educational Rights and Privacy Act.

School districts and schools may not voluntarily share student information, including immigration status, citizenship, place of birth, nationality, national origin, sexual orientation, status as a survivor of domestic violence or sexual assault, status as a recipient of public assistance or school discipline records, with a third party unless State or federal law requires it.

Absent a judicial warrant, no school or individual working at a school may reveal any information about a student or school staff member in response to an immigration-related request from a law enforcement officer unless otherwise required by law. For the section, a school is a public school or an independent school approved under section 166 of title 16.

Section 1486(f) provides that nothing in the section is intended to prohibit or impede any public agency from complying with the lawful requirements of sections 1373 and 1644 of title 8 of the United States Code. Beginning with the 2027-2028 school year, each school board must develop, adopt, enforce and make available an immigration protocol policy at least as stringent as the model policy the Agency of Education develops to reflect subsections (c) and (d). Section 1486 was added by Act 125 of 2026 with effect from June 8, 2026.