SF3803

Purpose

• Protect every child’s right to a free public education in Minnesota and keep schools safe from intimidation and fear related to immigration enforcement on campus.
• Build on the U.S. Supreme Court’s Plyler v. Doe decision (1982), which says states cannot deny a free public education based on immigration status, and implement additional protections to prevent discrimination or intimidation in schools.

Key definitions

• Citizenship or immigration status: includes an individual’s status in the United States or another country, nationality, country of citizenship, and related matters.
• Law enforcement agent: includes a peace officer or federal law enforcement officer, but not a school resource officer.
• Nonjudicial warrant: an immigration detainer or civil immigration warrant from a federal agency (not a judge-issued search or arrest warrant).
• School: a school district, charter school, or cooperative unit.

Rights to free public education

• No child may be denied a free K–12 education in Minnesota because of actual or perceived immigration status or parent/guardian status.
• Schools must not exclude a child from participation in or deny benefits of any program or activity based on immigration status.
• Schools must not use policies or practices that single out or exclude students or families because of immigration status, such as requesting immigration documentation, designating immigration status as directory information, or threatening or disclosing status to others.

Data privacy and protections

• Information about a student’s citizenship or immigration status is governed by Minnesota’s section 120A.50.
• Schools cannot routinely request or collect immigration status information unless required by law.
• Immigration status data should not be treated as directory information, and schools cannot disclose it improperly or threaten to disclose it.
• Information may be shared with federal or state agencies only as allowed by law and consistent with civil rights and privacy protections.

Allowed disclosures

• The bill acknowledges limited disclosures to the U.S. Department of Homeland Security or other government entities in line with applicable law (including federal statutes such as 8 U.S.C. 1373 and 1644).

Law enforcement entry procedures (new requirements)

• By July 1, 2027, schools must develop procedures for reviewing and handling requests by law enforcement to enter a school or school facility.
• Procedures must include: a designated contact person and process to involve district leadership and legal counsel; review of warrants, nonjudicial warrants, and subpoenas; and clear steps for coordination with legal counsel.
• Schools must monitor, document, and accompany law enforcement during interactions on campus when possible, and follow procedures to protect students’ privacy.

Parental/guardian consent and student notice

• If law enforcement asks to access a student for immigration enforcement, the school must notify and seek consent from the student’s parent or guardian, or from the student (if they are 18 or older or emancipated), unless a judicial warrant or subpoena restricts disclosure.

Required policies and timelines

• By July 1, 2027, every school must adopt a policy to implement the above procedures and protections.

Significance

• The bill strengthens protections for immigrant students and families, reduces fear of enforcement on campus, and creates formal processes for handling requests from law enforcement, while preserving required compliance with existing laws.

Relevant Terms Plyler v. Doe; immigration status; citizenship status; free public education; data privacy; section 120A.50; nonjudicial warrant; judicial warrant; law enforcement agent; peace officer; school resource officer; directory information; 8 U.S.C. 1373; 8 U.S.C. 1644; consent; parental involvement; designated authorized person; school facility; July 1, 2027.