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HB 1061

Plyler Educational Protections Act.

2025-2026 Session Introduced by Eric Ager and 22 co-sponsors

The act guarantees free public education for all children in NC, regardless of immigration status, and protects them from immigration enforcement on campus.

Passed 1st Reading
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Bill Summary · HB 1061

Summary: Plyler Educational Protections Act (HB 1061, North Carolina, 2025 Session)

Purpose and main objective

HB 1061, titled the Plyler Educational Protections Act, seeks to guarantee equal access to public education for all students in North Carolina, regardless of immigration status. It codifies protections inspired by the U.S. Supreme Court’s Plyler v. Doe decision, emphasizing safe, non-intimidating school environments and ensuring that immigration enforcement does not deter attendance or participation in education.

Key provisions and changes

  • Article 26A – New protections in Chapter 115C

    • Adds a new article establishing that every child has a right to a free public education and a safe school environment, free from intimidation or fear related to immigration enforcement on campus.

  • Definitions

    • Clarifies terms such as citizenship status, directory information, immigration authorities (including ICE/CBP and certain state/local officers), and who qualifies as a parent for purposes of the Act.

  • All children guaranteed access to a free public education (§ 115C-386.3)

    • Public school units may not:
    • Deny admission or enrollment based on citizenship status.
    • Exclude a child from programs or activities due to citizenship status.
    • Exclude a parent from parent engagement activities.
    • Prohibits policies that differentiate students by citizenship status.
    • Requires schools to develop alternate instruction plans if immigration enforcement disrupts instruction.

  • Information privacy (§ 115C-386.4)

    • Schools cannot:
    • Inquire about or require documentation of citizenship status.
    • Include citizenship status or birthplace in student directory information.
    • Disclose such information to immigration authorities or other parties.
    • Exceptions allow certain actions if mandated by law, for federally/state-supported programs, employment processes, or with parental consent.
    • Schools may provide accurate information to immigration authorities, but not speculative information.

  • Immigration Authority Action Response Plans (ARP) (§ 115C-386.5)

    • Each school must develop an ARP to guide staff when immigration authorities request information or entry.
    • ARP components include: designation of a Designated Authorized Person (DAP), duties of the DAP, procedures to contact immigration authorities, monitoring and safeguarding on-campus activity, notifying parents within 24 hours of campus visits, consent requirements for sharing student information, training plans, and allowing a secondary emergency contact for the student.
    • ARP and related materials must be posted publicly and shared with parents, the Department of Public Instruction, and local law enforcement at the start of each school year.

  • Regulations on School Resource Officers (SROs) (§ 115C-386.6)

    • SROs cannot engage in civil immigration enforcement, question citizenship status, or share student information with immigration authorities unless required by a warrant or applicable law.

  • Attorney General guidance and model policies (§ 115C-386.7)

    • The Attorney General, with the Department of Public Instruction, will publish guidance and model policies to limit immigration enforcement actions in schools.

  • Enforcement and retaliation (§ 115C-386.8)

    • Schools cannot retaliate against employees for complying with ARPs or other duties under the Act.
    • The Act provides remedies for violations, including actual damages, declaratory or injunctive relief, and attorney’s fees. Plaintiffs may sue without exhausting all administrative remedies in certain cases.

  • Funding for implementation (§ 115C-386.2; Sec. 2)

    • Appropriates $150,000 in nonrecurring funds (FY 2026-2027) from the General Fund to the Department of Justice to develop and disseminate the required guidance and model policies.

Timing and effective date

  • Section 2 funding and related guidance become effective July 1, 2026.
  • The remainder of the act applies starting with the 2026-2027 school year.

Potential impact

  • Strengthens protections for undocumented and mixed-status students, reducing fear of enrollment or participation due to immigration enforcement.
  • Provides procedures to preserve instructional time and privacy, while outlining clear ARPs and reporting requirements for schools.
  • Limits collaboration between schools and immigration authorities absent warrants or legal obligations.
  • Requires correspondence with families and transparency via ARP postings and annual updates.
  • Establishes enforceable remedies for violations, with potential costs to school units and districts if violations occur.

Compiled from official sources — confirm details with the bill’s official record.

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