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Senate Bill S8597

2025-2026 Legislative Session

Prohibits children from being denied access to a free public education due to citizenship or immigration status

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Current Bill Status - In Senate Committee Rules Committee

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2025-S8597 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Education Law
Laws Affected:
Add §3201-b, Ed L

2025-S8597 (ACTIVE) - Summary

Prohibits children from being denied access to a free public education on account of perceived or actual citizenship or immigration status or the perceived or actual citizenship or immigration status of their parents or person in a parental relationship.

2025-S8597 (ACTIVE) - Sponsor Memo

2025-S8597 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8597
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             December 3, 2025
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the education law, in relation to  prohibiting  children
   from being denied access to a free public education due to citizenship
   or immigration status

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 3201-b
 to read as follows:
   § 3201-B. DENIAL  OF  A  FREE  PUBLIC  EDUCATION  PROHIBITED.  1.  FOR
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "SCHOOL" SHALL INCLUDE A SCHOOL DISTRICT, PUBLIC  SCHOOL,  CHARTER
 SCHOOL,  BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES, SPECIAL ACT SCHOOL
 DISTRICT AS DEFINED IN  SECTION  FOUR  THOUSAND  ONE  OF  THIS  CHAPTER,
 APPROVED  PRESCHOOL SPECIAL EDUCATION PROGRAM PURSUANT TO SECTION FORTY-
 FOUR HUNDRED TEN OF THIS CHAPTER, APPROVED PRIVATE RESIDENTIAL  OR  NON-
 RESIDENTIAL  SCHOOL  FOR  THE  EDUCATION  OF  STUDENTS WITH DISABILITIES
 INCLUDING  PRIVATE  SCHOOLS  ESTABLISHED  UNDER  CHAPTER  EIGHT  HUNDRED
 FIFTY-THREE  OF THE LAWS OF NINETEEN HUNDRED SEVENTY-SIX, OR STATE-OPER-
 ATED OR STATE-SUPPORTED SCHOOL IN ACCORDANCE WITH  ARTICLE  EIGHTY-FIVE,
 EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER.
   (B)  "SCHOOL  PROPERTY"  SHALL MEAN: IN OR WITHIN ANY BUILDING, STRUC-
 TURE, ATHLETIC PLAYING FIELD, PLAYGROUND, PARKING LOT, OR LAND CONTAINED
 WITHIN THE REAL PROPERTY BOUNDARY LINE OF A SCHOOL; OR IN OR ON A SCHOOL
 BUS, AS DEFINED IN SECTION ONE HUNDRED  FORTY-TWO  OF  THE  VEHICLE  AND
 TRAFFIC LAW.
   (C) "SCHOOL FUNCTION" SHALL MEAN A SCHOOL SPONSORED EVENT OR ACTIVITY,
 INCLUDING IF SUCH EVENT OR ACTIVITY OCCURS OUTSIDE OF SCHOOL PROPERTY.
   (D)  "IMMIGRATION  AUTHORITIES"  SHALL  MEAN  ANY  OFFICER,  EMPLOYEE,
 GOVERNMENT EMPLOYEE, OR AGENT THEREOF, WHO IS RESPONSIBLE  FOR  ENFORCE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13665-09-5
              

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