An act relating to creating immigration protocols in Vermont schools

The enacted version broadens the covered actors from 'federal immigration authority' (specifically DHS, ICE, CBP) to 'law enforcement officer,' which includes any officer of a federal law enforcement agency or any person acting on behalf of local, state, or federal law enforcement. This means the enacted bill's protections apply to a wider range of officers entering schools.

The enacted version requires both 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 search or arrest. Some versions in the passed bill only require a judicial warrant naming a specific individual under arrest or subject to search, without the separate identification requirement or the 'specific areas' language.

The immigration agreements provision is more detailed in the enacted version: it requires that any proposed agreement purporting to be required by law be reviewed by the superintendent after consulting with the Office of the Attorney General, and the superintendent must then provide a recommendation to the school's governing body. The passed version simply states the superintendent is the sole individual who may approve an agreement required by federal law.

One version in the passed bill includes a dedicated 'Guardian detainment' subsection requiring superintendents to partner with a legal advocacy institution that will provide assistance to a student whose guardian has been detained by immigration authorities while the student is in school. The enacted version folds this into the general immigration resources and support section without a separate requirement.

The model policy requirement differs: the enacted version requires the Agency of Education to develop 'a model policy along with recommended procedures' reflecting only subsections (c) and (d), while one passed version requires a model policy reflecting all requirements of the section, and another adds that procedures must include a process for when an officer enters without identification or a warrant.

The resource guide deadline differs: the passed version sets completion by March 1, 2026 and distribution by March 31, 2026, while the enacted version sets completion by August 1, 2026 and distribution by August 31, 2026 - a five-month difference.

The effective date changes from July 1, 2026 in the passed version to 'upon passage' in the enacted version (Governor signed June 8, 2026). The passed version also includes a separate policy adoption deadline of August 1, 2026 that is not present as a standalone section in the enacted version.

The definition of 'nonpublic area of a school' differs: the enacted version uses a broad standard ('any area a superintendent or head of school or designee determines to be nonpublic'), while one version in the passed bill specifically lists classrooms, cafeteria, gymnasium, playgrounds, and any other location where students gather.

The definition of 'school' is expanded in some passed versions to explicitly include employees, independent contractors, and school resource and safety officers working for the school, while the enacted version defines it simply as a public school or approved independent school under section 166.

The term 'federal immigration authority' (defined as DHS, ICE, CBP) was replaced with 'law enforcement officer,' which includes any officer of a federal law enforcement agency or person acting on behalf of local, state, or federal law enforcement. This significantly broadens who is subject to the warrant and access restrictions.

The immigration agreements prohibition was expanded to explicitly include supervisory unions alongside schools and school districts, and a new review process was added requiring the superintendent to consult with the Office of the Attorney General before approving any agreement that purports to be required by law, then provide a recommendation to the governing body.

The role of 'head of school' was added throughout alongside 'superintendent,' extending the bill's requirements and responsibilities to leaders of approved independent schools, not just public school superintendents.

The judicial warrant requirement was strengthened: the warrant must now 'authorize entrance into specific areas of the school and names a specific individual located within the school who is subject to a search or arrest,' rather than simply naming an individual under arrest or subject to a search.

A dedicated 'guardian detainment' subsection requiring superintendents to partner with legal advocacy institutions for students whose guardians are detained was removed. It was replaced with a broader provision in the resources section to 'provide support, to the greatest extent possible, to a student with regard to immigration-related concerns.'

A new model policy requirement was added: the Agency of Education must develop a model policy and recommended procedures by January 1, 2027. School boards and independent schools must adopt policies at least as stringent starting with the 2027-2028 school year, or are presumed to have adopted the model policy.

The effective date was changed from July 1, 2026 to 'on passage,' meaning the law takes effect immediately upon final legislative action rather than on a fixed future date.

The immigration resource guide completion deadline was moved from March 1, 2026 to August 1, 2026, with distribution to superintendents by August 31, 2026.

A new applicability/savings clause was added stating that nothing in the section prohibits a public agency from complying with 8 U.S.C. sections 1373 and 1644, and that any conflicting school policy or practice is abolished to the extent of the conflict.

The definition of 'nonpublic area of a school' was changed from listing specific areas (classrooms, cafeteria, gymnasium, playgrounds) to a flexible standard: any area that normally requires authorization to enter, plus any area the superintendent or head of school determines to be nonpublic.

The bill now restricts only 'federal immigration authority' (defined as federal agencies like DHS, ICE, and CBP) rather than all 'law enforcement officers' (which previously included local, state, and federal officers). This means local police on immigration matters are no longer subject to the warrant requirement.

The student records prohibition now applies to 'school districts' rather than 'schools,' and uses the term 'legal pupil' instead of 'student,' potentially narrowing who is covered.

The immigration agreements prohibition was narrowed from 'any immigration law' to 'federal immigration law,' and the exception for agreements required by law was narrowed from 'federal or State law' to just 'federal law.'

The prohibition on designating a student's immigration status in any database maintained by the school was removed. Only the FERPA directory information prohibition remains.

The requirement that a law enforcement officer provide official identification in addition to a judicial warrant was removed. Only a judicial warrant naming a specific individual is now required for entry into nonpublic areas.

The savings clause stating the section does not impede compliance with 8 U.S.C. sections 1373 and 1644 was removed entirely.

The resource guide no longer requires inclusion of information about standby guardianships (14 V.S.A. section 2626a) or a list of immigration and advocacy organizations available to provide assistance.

The designated immigration resource person changed from 'at least one individual' to 'an officer,' and the requirement to foster a relationship with a legal or immigration advocacy institution was restructured into a separate guardian detainment provision requiring partnership with a 'legal advocacy institution.'

The requirement for the Agency of Education to develop model administrative procedures by January 1, 2027 (including a process for when an officer enters without proper authorization) was removed.

The policy adoption structure changed from a model-policy approach (Agency develops a model by Jan 1, 2027; schools adopt at least as stringent policies starting 2027-2028 school year) to a direct requirement that each district and independent school finalize its own policy by August 1, 2026.

The immigration resource guide deadline was moved from August 1, 2026 to March 1, 2026, with distribution to superintendents by March 31, 2026.

The definition of 'nonpublic area' changed from a flexible standard ('any area a school determines to be nonpublic') to a specific list (classrooms, cafeteria, gymnasium, playgrounds, and locations where students gather).

School resource officers and safety officers were removed from the definition of 'school,' meaning they are no longer considered part of the school for purposes of this section.

The term 'federal immigration authority' (limited to DHS, ICE, CBP) was replaced with 'law enforcement officer,' defined to include any local, state, or federal law enforcement officer or person acting on their behalf. School resource officers and safety officers stationed at a school are explicitly excluded from this definition.

The immigration agreements prohibition was broadened from 'federal immigration law' to 'any immigration law,' and the exception now covers agreements required by 'federal or State law' rather than just federal law.

A new applicability savings clause states that nothing in the section prohibits a school from complying with 8 U.S.C. sections 1373 and 1644, which are federal laws restricting local government interference with immigration communications.

A new Section 1 states the purpose of the act: securing every child's right to equal access to free public education and a safe school regardless of immigration status, and ensuring no parent or child is discouraged from attending due to threat of immigration enforcement on campus.

A presumption mechanism was added: if a school board or independent school fails to adopt its own immigration protocol policy, it is presumed to have adopted the most current model policy published by the Agency of Education.

The Agency of Education must develop model administrative procedures by January 1, 2027 (reviewed annually), including a specific process for when a law enforcement officer enters a nonpublic area without providing identification or a judicial warrant.

The student records prohibition was expanded: schools may not designate immigration status or related information in any database the school maintains (new sub-part), not just as FERPA directory information. The prohibition now applies to 'schools' generally rather than just 'school districts.'

The requirement for superintendents to partner with legal advocacy was strengthened from 'partner with a legal advocacy institution' to 'foster, to the greatest extent possible, a relationship with a legal or immigration advocacy institution,' with explicit mention of situations where a guardian is detained while the student is in school.

Policy adoption deadline moved from August 1, 2026 to the 2027-2028 school year. The model policy must be developed by January 1, 2027. The resource guide deadline was pushed from March 2026 to August 2026.

The warrant requirement now explicitly requires both official identification AND a judicial warrant naming a specific individual. A new definition of 'immigration-related matter' clarifies that administrative warrants, civil warrants, and immigration detainers do not satisfy the judicial warrant requirement.

The resource guide must now include specific content: information about standby guardianships under 14 V.S.A. section 2626a, and a list of immigration, human rights, and advocacy organizations available to provide assistance to students and staff.