1. (1) Beginning July 1, 2025, a public child care center, public school, local education provider, public institution of higher education, public health-care facility, publicly supported library, or an employee thereof, shall not collect the following, except as required by federal or state law, as necessary to perform duties, or to verify a person's eligibility for a government-funded program if verification is a necessary condition of government funding or participation:

   1. (a) Place of birth;
   2. (b) Immigration or citizenship status; or
   3. (c) Information from passports, permanent resident cards, alien registration cards, or employment authorization documents.

2. (2) It is not a violation of this section to release a record pursuant to:

   1. (a) A subpoena issued by a federal judge or federal magistrate;
   2. (b) An order issued by a federal judge or federal magistrate;
   3. (c) A warrant issued by a federal judge or federal magistrate;
   4. (d) The consent of the student, patient, or patron through a valid release of information; or
   5. (e) The consent of the child's, student's, patient's, or patron's parent or guardian through a valid release of information.

3. (3)

   1. (a) No later than September 1, 2025, each public child care center, public school, local education provider, public institution of higher education, public health-care facility, and publicly supported library shall adopt and implement a policy for employees and a policy for children, students, patients, patrons, parents, guardians, relatives, and the general public, or amend an existing policy, that aligns with the requirements of this article 74.1 for information and access. Each policy must include, at a minimum:

      1. (I) Procedures to provide, as required by state and federal law, any personal identifying information about a child or student who was or is enrolled in the public child care center, public school, local education provider, or public institution of higher education; a patient who sought, received, is seeking, or is receiving services from the public health-care facility; or a patron who accessed or is accessing services, or was or is present, at a publicly supported library;
      2. (II) Procedures to provide, as required by state and federal law, any personal identifying information about a parent, guardian, or relative of a child, student, patient, or patron;
      3. (III) Procedures to provide access, or consent to access, as required by state and federal law, to a part of the public child care center's, public school's, local education provider's, public institution of higher education's, public health-care facility's, or publicly supported library's facility, auxiliary facility, property, or grounds that is not accessible to the public;

      4. (IV) Procedures to properly release information required by state and federal law that is otherwise protected if federal immigration authorities have:

         1. (A) A subpoena issued by a federal judge or magistrate;
         2. (B) An order issued by a federal judge or federal magistrate to allow access; or
         3. (C) A warrant issued by a federal judge or federal magistrate;
      5. (V) The designation of a responsible employee to be notified if information or access is requested for federal immigration enforcement;
      6. (VI) Information that must be requested of and documented regarding the federal immigration enforcement, including the first and last name of the person leading the federal immigration enforcement, employer, badge number, and a copy of the subpoena issued by a federal judge or magistrate, warrant issued by a federal judge or magistrate, or order issued by a federal judge or magistrate to allow access; and
      7. (VII) Procedures to communicate information, as appropriate, about a federal immigration authority's request for information or access to the child, student, patient, or patron who was the subject of the request, or parent, guardian, or relative of the child, student, patient, or patron.
   2. (b) A public child care center, public school, local education provider, public institution of higher education, public health-care facility, or publicly supported library shall make its policies required pursuant to this section available through its traditional means, including upon request, a handbook, a website, a patient portal, or any other means that the public child care center, public school, local education provider, public institution of higher education, public health-care facility, or publicly supported library uses to communicate with employees, children, students, patients, patrons, parents, guardians, and relatives.
4. (4) This section does not preempt 8 U.S.C. sec. 1373.
5. (5) Matters in this article 74.1 are declared to be matters of statewide concern.

Source: L. 2025: Entire article added, (SB 25-276), ch. 240, p. 1216, § 13, effective May 23.