What is New York State Education Law Section 2-D and its regulatory component part 121?

NYS Education Law Section 2-D, Part 121 is designed to protect the personally identifiable information (PII) of students and the annual professional performance review (APPR) data of teachers and administrators. It applies not only to the districts themselves, but also third-party organizations that supply or work with the educational agencies. The law puts into place a number of safeguards, including staff trainings, appointing a Data Protection Officer and Chief Privacy Officer, an incident reporting and notification procedure, and a Parent’s Bill of Rights for Data Privacy and Security.

When did New York State Education Law Section 2-D go into effect?

2-D was passed into law in 2014, and Part 121 – an interpretation of how educational agencies should comply with the law – is expected to be in place by July 2020.

What are the penalties for failing to comply with Ed Law 2-D?

The educational agencies do not face direct civil penalty, per se – but have a civic duty to protect the data and privacy of students, teachers and administrators. However, third parties working with educational agencies face penalties of whichever is greater – $5,000 or $10 per impacted student, teacher or administrator up to $4M.