New York A 5373: Relates to employment of mental health professionals by school districts

Bill Text

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A05373 Summary:

BILL NOA05373A

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SAME ASSAME AS S04735-B

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SPONSORCruz

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COSPNSRGonzalez-Rojas, Tapia, Simone, Hevesi, Zaccaro, Burroughs, Dinowitz, Cunningham, Lasher, Meeks,
 Wright, Lavine, Burdick, Lunsford, De Los Santos, Rivera, Torres, Raga, Romero, McDonald, Simon,
 Shimsky, Taylor, Ramos, Barrett, Schiavoni, Lee

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MLTSPNSR

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Add §29, Civ Rts L; add §409-o, Ed L

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Prohibits immigration enforcement in school settings; prohibits all public and charter schools from allowing law enforcement officials inside school property to access a student, except to address an imminent safety situation or if they have an appropriate judicial warrant or judicial order.

Go to top A05373 Actions:

BILL NOA05373A

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02/13/2025referred to education

06/09/2025amend (t) and recommit to education

06/09/2025print number 5373a

01/07/2026referred to education

Go to topA05373 Committee&nbspVotes:

Go to topA05373 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05373 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5373--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 13, 2025
 ___________

 Introduced by M. of A. CRUZ, GONZALEZ-ROJAS, TAPIA, SIMONE, HEVESI,
 ZACCARO, BURROUGHS, DINOWITZ, CUNNINGHAM, LASHER, MEEKS, WRIGHT,
 LAVINE, BURDICK, LUNSFORD, DE LOS SANTOS, RIVERA, TORRES, RAGA, ROME-
 RO, McDONALD, SIMON, SHIMSKY, TAYLOR -- read once and referred to the
 Committee on Education -- committee discharged, bill amended, ordered
 reprinted as amended and recommitted to said committee

 AN ACT to amend the civil rights law and the education law, in relation
 to protecting students, faculty, and staff from immigration enforce-
 ment while attending or participating in school activities

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "protect our schools act".
 3 § 2. The civil rights law is amended by adding a new section 29 to
 4 read as follows:
 5 § 29. Immigration enforcement; protection in school settings. 1. A
 6 person attending, employed at, or otherwise lawfully present at a public
 7 or charter school, including students, parents, teachers and school
 8 staff is privileged from immigration enforcement while in non-public
 9 portions of school grounds or any property managed or operated by a
 10 school district, unless the enforcement action is supported by a valid
 11 court order or judicial warrant issued by an independent judge appointed
 12 pursuant to Article III of the United States constitution or federal
 13 magistrate judge appointed pursuant to 28 USC § 631 commanding the
 14 arrest of such individual.
 15 2. Administrative warrants, immigration detainers, and all other docu-
 16 ments besides a valid court order or judicial warrant are insufficient
 17 for immigration enforcement in non-public portions of school grounds.
 18 3. It shall be considered unlawful and constitute unlawful imprison-
 19 ment for any person to willfully violate this section by executing or
 20 assisting in an arrest prohibited under this section, provided, however,

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09018-04-5

 A. 5373--A 2

 1 that nothing in this subdivision shall affect any right or defense of
 2 any person, school resource officer, police officer, peace officer or
 3 public officer acting lawfully pursuant to their duty to maintain safety
 4 in school settings.
 5 4. A person whose rights under this section are violated or may be
 6 violated may bring a civil action for equitable and declaratory relief
 7 if such person has reasonable cause to believe a violation of this
 8 section has occurred or may occur. Additionally, the attorney general
 9 may bring a civil action in the name of the state to obtain appropriate
 10 equitable and declaratory relief if the attorney general has reasonable
 11 cause to believe a violation of this section has occurred or may occur.
 12 5. Any successful action pursuant to this section may result in the
 13 recovery of costs and reasonable attorney's fees.
 14 6. As used in this section:
 15