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No. 125. An act relating to creating immigration protocols in Vermont
schools.
                                      (S.227)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. PURPOSE
   The purpose of this act is to secure the right of every child to equal access
to a free public education and to a school that is safe from intimidation and
fear, regardless of immigration status. In order to ensure the right to
educational equality, schools must take steps to protect the integrity of school
learning environments for all children, so that no parent is discouraged from
sending a child to, and no child is discouraged from attending, school,
including due to the threat of immigration enforcement on a school campus.
Sec. 2. 16 V.S.A. chapter 33 is amended to read:
   CHAPTER 33. FIRE AND EMERGENCY PREPAREDNESS DRILLS
      AND, SAFETY PATROLS, AND IMMIGRATION PROTOCOLS
                                       ***
§ 1486. IMMIGRATION PROTOCOLS
   (a) Definitions. As used in this section:
      (1)(A) “Law enforcement officer” has the same meaning as in 20 V.S.A.
§ 2351a and includes any officer of a federal law enforcement agency or any
person acting on behalf of a local, state, or federal law enforcement agency.
          (B) “Law enforcement officer” does not include a school resource
officer or safety officer who is stationed at a school.
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      (2) “Nonpublic area of a school” means an area of a school that
normally requires authorization to enter, consistent with the policy required by
section 1484 of this chapter, and includes any area a superintendent or head of
school or designee determines to be nonpublic.
      (3) “School” means a public school or an independent school approved
under section 166 of this title.
   (b) Immigration resources and support.
      (1) A superintendent or head of school shall:
          (A) distribute the immigration resource guide developed by the
Office of the Attorney General pursuant to subdivision (2) of this subsection
(b) to staff, students, and family members of students;
          (B) at each school the superintendent or head of school oversees,
designate at least one individual to serve as a resource for immigration-related
matters who shall receive on an ongoing basis updated information and
training material as provided to the superintendent or head of school by the
Office of the Attorney General; and
          (C) provide support, to the greatest extent possible, to a student with
regard to immigration-related concerns, including connecting the student and
the student’s family with an immigration advocacy institution and similar
resources.
      (2)(A) The Office of the Attorney General, in consultation with the
Agency of Education, shall develop an immigration resource guide that shall:
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             (i) include immigration- and civil rights–related resources;
information regarding standby guardianships pursuant to 14 V.S.A § 2626a;
and a list of immigration, human rights, and relevant advocacy organizations
available to provide immigration assistance to students and staff; and
             (ii) be developed in a manner that serves to protect the privacy and
safety of students and staff.
          (B) The Office of the Attorney General shall review the guide at least
once annually and send any updates made to the guide to the Agency of
Education for distribution to all superintendents and heads of schools not later
than 30 days after completing the update.
   (c) Student information privacy. School districts and schools are
prohibited from:
      (1) collecting or requesting information regarding citizenship or
immigration status of a student or of a family member of the student except as
required by State or federal law or as required to administer a State- or
federally supported educational program;
      (2) disclosing a student’s immigration status, citizenship, place of birth,
nationality, or national origin:
          (A) in any database that the school maintains; or
          (B) as directory information, as that term is defined by the Family
Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g and 34
C.F.R. Part 99; and
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      (3) voluntarily sharing student information, including immigration
status, citizenship, place of birth, nationality, national origin, sexual
orientation, status as a survivor of domestic violence or sexual assault, status as
a recipient of public assistance, or school discipline records, with a third party
unless required to do so by State or federal law.
   (d) Law enforcement on-site and requests for information.
      (1) A superintendent or head of school shall:
             (A) subject to subdivision (B) of this subdivision (1), be the sole
authority to admit a law enforcement officer who appears on an immigration-
related matter into a nonpublic area of school; and
             (B) designate at least one individual who works at each school to
serve as a designee of the superintendent or head of school in the event that the
superintendent or head of school is not present when the law enforcement
officer appears on-site.
      (2) The superintendent or head of school or designee shall not allow a
law enforcement officer appearing on an immigration-related matter into a
nonpublic area of a school unless the officer provides official identification and
a judicial warrant that authorizes entrance into specific areas of the school and
names a specific individual located within the school who is subject to a search
or arrest.
      (3) Absent a judicial warrant pursuant to subdivision (2) of this
subsection, no school or individual working at a school shall reveal any
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information about a student or school staff member in response to an
immigration-related request from a law enforcement officer unless otherwise
required by law.
       (4) As used in this subsection, “immigration-related matter” and
“immigration-related request” mean an administrative warrant, civil warrant,
immigration detainer, or any other document or request that pertains to an
individual’s immigration or citizenship status.
   (e) Immigration agreements.
       (1) Except as required by State or federal law, no school, school district,
or supervisory union shall enter into an agreement with a State, local, or
federal government entity that furthers the enforcement of any immigration
law.
       (2)(A) Any proposed agreement pursuant to subdivision (1) of this
subsection (e) that purports to be required by State or federal law shall be
subject to review by the superintendent or head of school after the
superintendent or head of school has consulted with the Office of the Attorney
General.
           (B) The superintendent or head of school shall provide a
recommendation on the proposed agreement to the school’s appropriate
governing body after the superintendent’s or head of school’s review pursuant
to subdivision (A) of this subdivision (2).
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   (f) Applicability. Nothing in this section is intended to prohibit or impede
any public agency from complying with the lawful requirements of 8 U.S.C.
§§ 1373 and 1644. To the extent any school, school district, or supervisory
union policy or practice conflicts with the lawful requirements of 8 U.S.C.
§§ 1373 and 1644, the policy or practice is, to the extent of such conflict,
abolished.
   (g) Policy required.
      (1) Model policy and recommended procedures. On or before January
1, 2027, the Agency of Education, in consultation with the Office of the
Attorney General, the Vermont Independent Schools Association, and the
Vermont School Boards Association, shall develop, and review at least
annually, a model policy along with recommended procedures that reflect the
requirements set forth in subsections (c) and (d) of this section.
      (2) Adoption of policy and procedures.
          (A) Beginning with the 2027–2028 school year, each school board
shall develop, adopt, ensure the enforcement of, and make available in the
manner described under subdivision 563(1) of this title an immigration
protocol policy that shall be at least as stringent as the model policy developed
by the Agency. Any school board that fails to adopt a policy shall be
presumed to have adopted the most current model policy published by the
Agency.
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          (B) Beginning with the 2027–2028 school year, each independent
school shall develop, adopt, and ensure the enforcement of an immigration
protocol policy that shall be at least as stringent as the model policy developed
by the Agency. Any approved independent school that fails to adopt a policy
shall be presumed to have adopted the most current model policy published by
the Agency.
Sec. 3. IMMIGRATION RESOURCE GUIDE
   The Office of the Attorney General shall complete the immigration resource
guide required pursuant to 16 V.S.A. § 1486(b)(2) on or before August 1,
2026, and shall send the completed guide to the Agency of Education for
distribution to all superintendents and heads of schools on or before August 31,
2026.
Sec. 4. EFFECTIVE DATE
   This act shall take effect on passage.
Date Governor signed bill: June 8, 2026
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