Compliance with Education Law Article 129-A and Article 129-B
Search the Laws of New York to access the text of Education Law--Articles 129-A and 129-B.
The Department has developed an electronic process for the submission and recording of the required annual certificates of compliance, the written rules and policies and the Enough is Enough annual aggregate data reports.
All certificates, documents, and data must be submitted through the electronic process – hard copy documents and documents submitted via email to the Office of College and University Evaluation will not be accepted or recorded as received.
Annual Certificates of Compliance
Certificates of Compliance are due by July 1st of each year.
Certificates of Compliance with Articles 129-A and 129-B are being collected in the IRS Data Exchange (IDEx). To access the IDEx, go to the NYSED Application Business Portal and click on login the upper right-hand corner and log in using your SEDDAS account username and password. If you do not already have a SEDDAS account to access the IDEx please reach out to your institution’s President or Director of Institutional Research as they can set up accounts for those who need them. For more information on the IDEx, accounts, etc. please visit higheredsupport.nysed.gov.
Questions about how to submit the certificate of compliance in the IDEx should be directed to email@example.com
Written Rules and Policies
The statute required the submission of written rules and policies adopted by institutions as required by Articles 129-A and 129-B on or before July 1, 2016, and then on or before July 1, 2024, and then every ten years thereafter.
Information will be posted at this site concerning how the next submission of written rules and policies (due on or before July 1, 2024) should be made.
Article 129B "Enough is Enough" Annual Aggregate Data Reports
The statute requires that higher education institutions submit annual aggregate data reports to the Department concerning incidents of domestic violence, dating violence, stalking and sexual assault during each reporting period. (The reporting period is January 1 – December 31 of each year.)
The annual aggregate data reports are collected in the Department’s IRS Data Exchange (IDEx). Institutions can access the IDEx on the NYSED Application Business Portal (https://portal.nysed.gov/abp). Click on “log in” in the upper right-hand corner and log in using your SEDDAS account username and password. If you do not already have a SEDDAS account to access the IDEx please reach out to your institution’s President or Director of Institutional Research as they can set up accounts for those who need them. For more information on the IDEx, accounts please visit: https://higheredsupport.nysed.gov/hc/en-us .
Please note that one revision to the data report questions has been made since the 2018 Interim Data Report. In response to requests from institutions; they can now indicate that the location where a reported incident occurred is “unknown/undisclosed,” in addition to “on campus” or “off campus.”
Annual aggregate data reports are due by October 1 of the calendar year following the reporting period. (For example: the data report for the January 1, 2020 – December 31, 2020 reporting period will be due by October 1, 2021.) The portal will remain open after the October 1 deadline for late submissions.
Due to the delay in making the Enough is Enough data report available in the IDEx for the 2018 full year report, the due date for that report has been extended from October 1, 2019, to December 16, 2019. The portal will remain open after December 16, 2019, for late submissions.
All subsequent annual aggregate data reports will again be due by October 1 of the calendar year following the reporting period.
Please refer to the Q&A document posted at: https://higheredsupport.nysed.gov/hc/en-us/articles/360003983712-Q-A-on-Enough-is-Enough-Annual-Aggregate-Data-Reporting before contacting the Department with questions about the annual aggregate data reports. Questions not addressed in that document should be directed as follows:
- Questions about how to complete and submit the data collection form in the IDEx should be directed to: firstname.lastname@example.org
- Questions about the data reporting requirements of Article 129-B should be directed to: OCUEinfo@nysed.gov
Freedom of Information Law (FOIL) requests are not necessary to access the annual aggregate data submitted to the Department. As with other data reports submitted by institutions of higher education, the Enough is Enough annual aggregate data will be publicly available on the Department’s website at: http://www.nysed.gov/information-reporting-services/higher-education-reports after the due date for the submission of the data reports has passed. That site will periodically be updated to include additional data reports submitted by institutions.
This guidance document is joint guidance of the State Education Department and the New York State Office of Campus Safety. It is intended to assist colleges and universities in complying with Education Law Article129-B, as added by Chapter 76 of the Laws of 2015, relating to the establishment of sexual assault, dating violence, domestic violence and stalking prevention and response policies and procedures. Article 129-B includes §§ 6439-6449 of the Education Law.
As we receive additional comments and suggestions, we will work with the four higher education sectors, the Governor, and Legislature to make changes to the guidance as needed to ensure that the intent of the law is met.
The State Education Department received additional questions about the “Enough is Enough” Statute (Chapter 76 of the Laws of 2015, Education Law Article 129-B) after the Guidance Document was finalized and posted on the Department’s website.
Please note that the purpose of this Q&A is to provide guidance to the field relating to the implementation of Article 129-B of the Education Law. This document does not constitute legal advice. To the extent, any of the answers in this document conflict with federal or State law and/or regulations, the provisions of the applicable law/regulation shall prevail.