NYS Education Law §2-d has been in effect since April 2014. It applies to educational agencies and third party contractors, and is intended to limit collection and use of student data.
Who Must Comply?
The law applies to both educational agencies, including public schools, BOCES and NYSED) and third party contractors. A third party contractor is any person or entity other than an educational agency, that receives student, teacher or principal data from an educational agency pursuant to a contract for purposes of providing services to the educational agency. Services include, but are not limited to data management or storage, conducting studies for or on behalf of the educational agency, or audit or evaluation of publicly funded programs.
What Data is Protected?
The law limits collection and use of student data, defined as personally identifiable information from student records of an educational agency. Personally identifiable information is defined in the same manner as in FERPA. The law also limits collection and use of personally identifiable information relating to the annual professional performance reviews of classroom principals or teachers.