Resources

The Regional Information Centers have developed The Data Protection & 2020-2021 Planning resource document which can help facilitate these requirements. The document includes updated information on Ed Law 2-d Part 121 Requirements and sample contract addendum and data sharing agreements.

New York State Education Law Section 2-d and the Family Educational Rights and Privacy Act provide clear protections for student data, and NYSED is committed to complying with all applicable laws. The New York State Department of Education has committed to promoting the least intrusive data collection policies practicable that advance the goals of improving academic achievement, empowering parents with information and advancing efficient and effective school operations while minimizing the collection and transmission of personally identifiable information, and will work to ensure that this is reflected in the practices of every educational agency in New York State by developing policies and standards that will provide clear guidance to the field.

Regulatory changes to increase information security measures to safeguard the Personally Identifiable Information (PII) of students and certain school personnel. Part 121 regulations outline requirements for educational agencies and their third-party contractors to ensure the security and privacy of such protected information and were developed in consultation with stakeholders and the public.

The regulations are composed of nine requirements. Information on these requirements are available as a separate link for each requirement. The complete overview is also available as one document.

A toolkit has also been developed to help districts comply with the regulations. A separate Toolkit is available for each requirement under each heading. The complete Toolkit is also available as one document.

This video and resource document were developed by the Regional Information Centers as free training tools to support all districts in improving their data security posture. The video begins with comments from data security experts in the education sector. Then, the video provides an overview of the five data protection reminders outlined on the handout. If you have specific questions about data privacy and security, please contact your local RIC.

Regulations 121.2 and 121.5
Protect the confidentiality of personally identifiable information of students (FERPA) and personally identifiable information of teachers and principals (APPR).

Regulation 121.3
Adopt and post on website a Parents' Bill of Rights for Data Privacy and Security, with supplemental information about each written agreement with a third-party contractor (vendor) that involves disclosure of PII.

Regulation 121.5
Adopt and post a Data Security and Privacy Policy that includes adherence to the NIST Cybersecurity Framework to protect PII.

Regulation 121.5
Apply the planning,processes,and categories of information protection defined within the NIST Cybersecurity Framework to district practices and systems.

Regulations 121.2, 121.3, 121.6, 121.9, 121.10
Whenever the educational agency discloses PII to a third-party contractor, ensure that the written agreement for using the product or services includes the language required by Education Law.

Regulations 121.5 and 121.7
Deliver annual privacy and security awareness training to all employees.

Regulation 121.4
Create and publish a parent complaint process.

Regulation 121.10
Follow reporting and notification procedures when unauthorized disclosure occurs.

Regulation 121.8
Appoint a Data Protection Officer to oversee implementation of Education Law 2-d responsibilities.