Safeguarding the Rights of New York State Immigrant Students

All students ages 5 to 21 have the right to a free public education regardless of nationality, country of origin, or immigration status.

Schools must immediately enroll migrant students or those living in shelters. Schools must accept a variety of proofs of residency.

Schools must be a safe space. Law enforcement may not remove a student from school or interrogate a student without parental consent.

NYS and federal law prohibit bullying by students or employees based on actual or perceived race, color, national origin or citizenship status.

Refugees and other immigrants who are considered homeless (including living in temporary housing or with another family) must be enrolled in school even if they do not have immunization records. Students must receive the first dose of all required vaccines within the first 14 days of attending school.

For more information and specific guidance Governor Kathy Hochul, Attorney General Letitia James, and Commissioner Betty Rosa have issued this Joint Statement.