SF 3803

1st Engrossment - 94th Legislature (2025 - 2026)

Posted on 04/10/2026 08:47 a.m.

A bill for an act
relating to education; prohibiting denial of an education 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 does not include 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) "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 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; or
new text end

new text begin (3) disclose any information 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 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 EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end