Denial of an education based on immigration status prohibited, and civil cause of action provided when right to education is denied based on immigration status.

A bill for an act

relating to education; prohibiting denial of an education based on immigration

status; providing a civil cause of action when right to education is denied based

on immigration status; amending Minnesota Statutes 2024, section 13.319, by

adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter

120A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 13.319, is amended by adding a subdivision

to read:

new text begin

Subd. 9.

new text end

new text begin

Citizenship or immigration status.

new text end

new text begin

Treatment of data relating to a student's

actual or perceived citizenship or immigration status is governed by section 120A.50.

new text end

Sec. 2.

new text begin

[120A.50] DENIAL OF FREE PUBLIC EDUCATION PROHIBITED.

new text end

new text begin

Subdivision 1.

new text end

new text begin

Purpose.

new text end

new text begin

The purpose of this section is to secure the right of every child

to equal access to a free public education and a school that is safe from intimidation and

fear, consistent with the United States Supreme Court decision in
Plyler v. Doe
, 457 U.S.

202 (1982), which held that it is unconstitutional for a state to deny children a free public

education on the basis of immigration status. In order to promote the right to educational

equality, as established under the decision in
Plyler v. Doe
, schools must take steps to protect

the integrity of school learning environments for all children so that no parent is discouraged

from sending their child to school and no child is discouraged from attending school,

including protection from the threat of immigration enforcement or other law enforcement

activity on a school campus.

new text end

new text begin

Subd. 2.

new text end

new text begin

Definitions.

new text end

new text begin

(a) For purposes of this section, the following terms have the

meanings given.

new text end

new text begin

(b) "Citizenship or immigration status" means all matters regarding citizenship of the

United States or any other country or the authority or lack thereof to reside in or otherwise

to be present in the United States, including an individual's nationality and country of

citizenship.

new text end

new text begin

(c) "Law enforcement agent" means a peace officer as defined in section 626.84,

subdivision 1, paragraph (c), or a federal law enforcement officer as defined in section

626.77, subdivision 3. Law enforcement agent includes a school resource officer as defined

in section 626.8482.

new text end

new text begin

(d) "Nonjudicial warrant" means any immigration detainer or civil immigration warrant

issued by a federal agency. Nonjudicial warrant does not include a search warrant as defined

in section 626.05, subdivision 1, or a warrant issued by a judge for the apprehension of a

person charged with offenses.

new text end

new text begin

(e) "Prevailing party" includes any party:

new text end

new text begin

(1) who obtains some or all requested relief through a judicial judgment in the party's

favor;

new text end

new text begin

(2) who obtains some requested relief through a settlement agreement approved by the

court; or

new text end

new text begin

(3) whose pursuit of a nonfrivolous claim was a catalyst for a change in position by the

opposing party relative to the relief sought.

new text end

new text begin

(f) "School" means a school district, charter school, or cooperative unit as defined in

section 123A.24, subdivision 2.

new text end

new text begin

Subd. 3.

new text end

new text begin

Right to free public education.

new text end

new text begin

(a) No child may be denied a free kindergarten

through grade 12 public education while in Minnesota based on the child's actual or perceived

immigration status or the actual or perceived citizenship or immigration status of the child's

parent or guardian.

new text end

new text begin

(b) A school must not exclude a child from participation in or deny a child the benefits

of any program or activity on the grounds of that child's actual or perceived immigration

status or the actual or perceived citizenship or immigration status of the child's parent or

guardian.

new text end

new text begin

(c) A school must not use policies or procedures or engage in practices that have the

effect of excluding a child from participation in or denying the benefits of any program or

activity or the effect of excluding participation of the child's parent or guardian from parental

engagement activities or programs because of the child's actual or perceived immigration

status or the actual or perceived immigration status of the child's parent or guardian. These

policies, procedures, and practices include:

new text end

new text begin

(1) requesting or collecting information or documentation from a student or the student's

parent or guardian about citizenship or immigration status unless required by state or federal

law; and

new text end

new text begin

(2) designating immigration status, citizenship, place of birth, nationality, or national

origin as directory information, as defined by federal and state law.

new text end

new text begin

(d) A school must not:

new text end

new text begin

(1) threaten to disclose anything related to the actual or perceived citizenship or

immigration status of a child or a person associated with the child to any other person or

entity or an immigration or law enforcement agency;

new text end

new text begin

(2) disclose any information related to the perceived citizenship or immigration status

of a child or a person associated with the child to any other person or entity or an immigration

or law enforcement agency; or

new text end

new text begin

(3) disclose any information related to the actual citizenship or immigration status of a

child or a person associated with the child to any other person or nongovernmental entity.

new text end

new text begin

(e) Nothing in paragraph (d), clause (2) or (3), may be construed to:

new text end

new text begin

(1) permit the disclosure of student records or information without complying with state

and federal requirements governing the disclosure of the records or information; or

new text end

new text begin

(2) prohibit or restrict an entity from sending to or receiving from the United States

Department of Homeland Security or any other federal, state, or local governmental entity

information regarding the citizenship or immigration status of an individual, in accordance

with United States Code, title 8, sections 1373 and 1644.

new text end

new text begin

Subd. 4.

new text end

new text begin

Required procedures.

new text end

new text begin

By July 1, 2027, a school must develop procedures for

reviewing and authorizing requests from law enforcement agents attempting to enter a school

or school facility. The procedures must comply with the requirements of subdivision 3,

paragraph (a), and at a minimum, include procedures for:

new text end

new text begin

(1) reviewing and contacting a designated authorized person at the school or school

facility and the district superintendent's office or school administrative office, who may

contact the school's legal counsel, and procedures for that authorized person or legal counsel

to review requests to enter a school or school facility, including judicial warrants, nonjudicial

warrants, and subpoenas;

new text end

new text begin

(2) monitoring, accompanying, and documenting all interactions with law enforcement

agents while on the school's premises; and

new text end

new text begin

(3) notifying and seeking consent from a student's parent or guardian, or from the student

if the student is 18 years old or older or emancipated, if a law enforcement agent requests

access to a student for immigration enforcement purposes, unless access is in compliance

with a judicial warrant or subpoena that restricts the disclosure of the information to the

student's parent or guardian.

new text end

new text begin

Subd. 5.

new text end

new text begin

Required policy.

new text end

new text begin

By July 1, 2027, a school must adopt a policy for complying

with subdivisions 3 and 4.

new text end

new text begin

Subd. 6.

new text end

new text begin

Civil lawsuit.

new text end

new text begin

(a) Beginning July 1, 2027, any party aggrieved by conduct that

violates subdivision 3 or 4 may bring a civil lawsuit. If the court finds that a violation of

subdivision 3 has occurred, the court may award general or special damages. The court may

grant injunctive relief or a temporary restraining order, as the court deems appropriate. If

a school fails to act as required by this section, an individual who is harmed by the failure

to act may petition the court for a writ of mandamus directing the school or district to act.

An action filed pursuant to this section may be commenced in the county where the individual

alleging damage or seeking relief resides or in the county where the school is located.

new text end

new text begin

(b) Nothing in this section may be construed to require an exhaustion of the administrative

complaint process before civil law remedies may be pursued.

new text end

new text begin

(c) Upon a motion, a court may award reasonable attorney fees and costs to a plaintiff

who is a prevailing party in any action brought under this section.

new text end

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective the day following final enactment.

new text end