With schools increasingly relying on digital tools and platforms, the New York State Education Department (NYSED) has implemented stringent regulations to ensure that student data is adequately protected. One of the most significant legislative measures in this regard is New York Education Law § 2-d(1), a comprehensive legal framework designed to protect the privacy and security of personally identifiable information (PII) of students and certain other individuals associated with educational institutions in New York State.

The Core of NY Education Law § 2-d(1)

Enacted in response to growing concerns over data privacy in the educational sector, NY Education Law § 2-d(1) sets strict guidelines for how educational agencies and their third-party service providers can collect, store, and use student data. The law mandates several key components to ensure the protection and responsible handling of PII:

Key Components and Objectives of § 2-d:

1. Parents’ Bill of Rights: Schools are required to publish a “Parents’ Bill of Rights for Data Privacy and Security,” which informs parents about their rights regarding their children’s personal information and the measures taken by educational agencies to protect that information.
2. Data Security and Privacy Standards: Educational agencies must adopt the National Institute of Standards and Technology’s Cybersecurity Framework (NIST CSF) to ensure the confidentiality, integrity, and availability of protected student data. This is crucial for maintaining a secure environment for handling sensitive information.
3. Contracts with Third-Party Vendors: Contracts with vendors that have access to student, teacher, and principal data must include specific provisions that ensure the confidentiality and security of the data, along with protocols for data breach notification. This ensures that third-party service providers are also held to the same high standards as educational agencies.
4. Appointment of Data Protection Officer (DPO): Each educational agency is required to appoint a Data Protection Officer responsible for ensuring compliance with § 2-d and overseeing the security of student data. The DPO plays a critical role in managing data protection strategies and ensuring adherence to legal requirements.
5. Data Breach Notification: The law mandates prompt notification procedures in the event of a data breach that compromises the security of student data, including specific timelines and information to be provided to affected individuals.

These objectives underscore the growing concern about the storage and management of student electronic data, emphasizing the importance of protecting student, teacher, and principal privacy.

What Kinds of Data Need to Be Protected?

NY Education Law § 2-d clearly defines the types of data that must be protected:

• Personally Identifiable Information (PII): Any representation of information that permits the identity of an individual to whom the information applies to be reasonably inferred by either direct or indirect means.
• Student Data: Personally identifiable information from student records of an educational agency.
• Teacher or Principal Data: Personally identifiable information from the records of an educational agency relating to the annual professional performance reviews of classroom teachers or principals that is confidential and not subject to release under the provisions of section three thousand twelve-c of this chapter.

NYSED has published an extensive list of data elements they collect, which can be found on their website.

Who Does NY Education Law § 2-d Apply To?

The law applies to various educational entities, including:

• Public Schools: All public elementary and secondary schools within the state, including those under the jurisdiction of local school districts.
• Charter Schools: These publicly funded but independently operated schools must also comply with the provisions of § 2-d.
• Boards of Cooperative Educational Services (BOCES): BOCES provide educational services, including special education, vocational training, and adult education, to member school districts and must adhere to the data privacy and security standards set forth in § 2-d.
• School Districts: District-level administration must ensure that all schools within their jurisdiction comply with the requirements for protecting student data.

The requirements also extend to third-party contractors of these entities that have access to student data, or teacher or principal data.

What Does an Organization Need to Do to Comply with NY Education Law § 2-d?

To comply with NY Education Law § 2-d, organizations must take the following steps:

1. Appoint a Data Protection Officer (DPO): This individual will be responsible for the overall compliance of the organization.
2. Adopt the NIST Cybersecurity Framework: The DPO will need to ensure that the organization has policies and controls aligned with the NIST CSF.
3. Train Your Users: Employees should be trained on cybersecurity principles as well as laws such as FERPA and NY Education Law § 2-d.
4. Publish a Data Privacy and Security Policy: The school needs to publish a Data Privacy and Security Policy on their website covering how they protect student and teacher/principal data, ensure third-party contractor compliance, train employees, and handle breach notifications.
5. Publish a Parents’ Bill of Rights: Schools must publish a Parents’ Bill of Rights detailing the rights parents have under Law § 2-d.
6. Publish NY School Procedures for Complaints of Breach: Schools need to provide instructions on how to contact the school in the event of a suspected breach and outline the school’s response.
7. Publish a List of Third-Party Contractors and Their Reviews: Schools must publish a list of third-party contractors with access to student data along with reviews of each contractor.

What Happens If You Don’t Comply with NYSED Law § 2-d?

Non-compliance can lead to severe consequences:

• Legal Penalties: Schools may face fines and penalties, varying depending on the severity of the violation, which could result in financial risks to the school.
• Loss of Trust and Reputation: Non-compliance could lead to loss of trust from students, parents, and the larger community, affecting the school’s ability to attract students and maintain positive relationships with stakeholders.
• Data Breaches and Security Risks: The risk of data breaches and unauthorized access to student data is increased, posing potential harm to students and legal liabilities for the school.
• Loss of Funding or Grants: Schools that fail to comply may face repercussions when it comes to funding or grant opportunities, as funding agencies often prioritize institutions that demonstrate a commitment to data privacy and compliance.

What’s Next?

As we wrap up our exploration of New York Education Law § 2-d, it’s evident that this legislation is not just another bureaucratic hurdle but a crucial framework designed to uphold the privacy and security of personal information within the educational realm. For businesses, understanding and implementing the provisions of § 2-d is more than legal compliance—it’s a commitment to safeguarding the trust placed in them by students, parents, and educational institutions.

Navigating the complexities of § 2-d may seem daunting, but Systech MSP can help. We provide the policies, notices, security roadmap, and risk register you need to take a strategic approach to compliance. By fostering an organizational culture attuned to privacy and security, compliance can become an integral part of your operational philosophy.

Moreover, the consequences of non-compliance—ranging from legal penalties to a tarnished reputation—underscore the importance of taking proactive steps to align with the law. By embracing these challenges as opportunities for improvement, businesses can not only avoid the pitfalls of non-compliance but also strengthen their relationships with educational partners.

As we move forward, data privacy in education will continue to evolve, and with it, the responsibilities of all stakeholders. Staying informed, vigilant, and committed to best practices in data privacy and security will ensure that businesses not only comply with NYSED Law § 2-d but also contribute to a safer, more secure educational environment for all.

Are you compliant with NYSED Law § 2-d? Systech MSP offers a comprehensive range of services, including appointing a Data Protection Officer, adopting the NIST Cybersecurity Framework, user training, and publishing the necessary policies and procedures. Contact us today to ensure your institution is fully compliant and protected.