PLYLER EDUCATIONAL PROTECTIONS ACT.

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View NCGA Bill Details2025-2026 Session
House Bill 1061 (Public) Filed Monday, April 27, 2026
AN ACT TO GRANT STUDENTS EQUAL ACCESS TO PUBLIC EDUCATION REGARDLESS OF IMMIGRATION STATUS.
Intro. by Greenfield, K. Brown, Morey, Johnson-Hostler.

Status: Ref To Com On Rules, Calendar, and Operations of the House (House action) (Apr 28 2026)

Bill History:

H 1061

Bill Summaries:

  • Summary date: Apr 27 2026 - View Summary

    Enacts Article 26A the “Plyler Educational Protections Act,” (Act) as part of GS Chapter 115C.  Specifies, in new GS 115C-386.1 that the Act’s purpose is to codify 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 landmark U.S. Supreme Court decision in Plyler v. Doe, 457 U.S. 202  (1982), which held that it is unconstitutional for states to deny children a free public education based on immigration status in violation of the equal protection clause of the Fourteenth Amendment to the United States Constitution. Contains severability clause.

    Defines four terms in new GS 115C-386.2 (definitions pertaining to new Article 26A). Prohibits, in GS 115C-386.3 a public school from taking any of the following actions based on the citizenship status of a student or their parent:

    • Deny a student admission to or enrollment in a public school.
    • Exclude a child from participating in or benefiting from an educational program or activity.
    • Exclude a parent from participating in parent engagement activities or programs.
    • Adopt any policies that, either on their face or in practice, differentiate between students based on citizenship status.

    Requires public schools to make its best efforts to develop an alternative instruction plan if a student experiences disruptions to instruction because of immigration enforcement actions.

    Adds GS 115C-386.4, pertaining to information privacy, which prevents public school units from making the described inquiries or disclosure pertaining to a student or parent’s citizenship status, place of birth, or national origin unless any of the four following circumstances apply: (1) the school is required to do so by State law, federal law, or pursuant to a warrant, subpoena, or judicial order; (2) when strictly necessary to administer an educational program; (3) in relation to an application for employment or condition for employment; or (4) when a parent has given written consent. Specifies that a public school may only provide accurate information to immigration authorities and cannot provide speculative information. Provides for the creation of public school immigration authority Action Response Plans, to instruct school staff on the proper course of action when immigration authorities request information from a school or request to enter school ground as described, in GS 115C-386.5. Prevents, in GS 115C-386.6, School Resource Officers (SRO’s) from (1) cooperating with immigration authorities in activity related to civil immigration enforcement, including detaining a student; (2) questioning any student about their immigration status; and (3) sharing any student’s information with immigration authorities, unless compelled to do so by judicial process, court order, or State or federal law.  Directs the Attorney General, in consultation with the Department of Public Instruction (DPI) to publish guidance and model policies for law enforcement agencies intended to limit, to the fullest extent possible consistent with State and federal law, immigration enforcement at public schools. Prevents retaliation and provides for enforcement for violations of the Article by a student, parent, or public school unit employee in GS 115C-386.

    Applies beginning with the 2026-27 school year.

    Appropriates $150,000 from the General Fund to the Department of Justice for 2026-27 to be used to develop the guidance and model policies. Effective July 1, 2026.