New York State Ed Law 2-d

What is NYS Ed Law 2-d?

In early 2020, the New York State Department of Education adopted a new law focused on the privacy and security of student and staff personally identifiable information (PII). The Educational Law Section 2-d, known among NY schools as "Ed Law 2-d", provides “guidance to educational agencies and their third-party contractors on ways to strengthen data privacy and security to protect student data and annual professional performance review data.”

What does NYS Ed Law 2-d do?

Protects the unauthorized release of personally identifiable information
Supplements the “Parent’s Bill of Rights” for Data Privacy and Security
Provides very specific protections for contracts with “third party contractors”
Establishes information security and privacy standards
Authorizes NYSED’s Chief Privacy Officer (CPO) to impose certain penalties (such as a monetary fine; mandatory training; and preclusion from accessing data from an educational agency for a fixed period of up to 5 years)

What is Personally Identifiable Information (PII)?

The student’s name;
The name of the student’s parent or other family members;
The address of the student or student’s family;
A personal identifier, such as the student’s social security number, student number, or biometric record;
Other indirect identifiers, such as the student’s date of birth, place of birth, and Mother’s Maiden Name
Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

Compliance Resources

We will frequently update the status of applications that are NYS Education Law 2-d-compliant.

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