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Laws and Regulations Related to Instructional Technology

Educators and leaders need to be aware of the federal and state laws and regulations that govern instructional technology in New York State schools. The following topics are covered in these pages: 

To access New York State Regulations: 

  1. Access Westlaw New York Codes, Rules and Regulations 
  2. Select Title 8 Education Department 
  3. Select Chapter II Regulations of the Commissioner - or other chapters as relevant 
  4. Select a subchapter and part to a specific regulation 

To access New York State Education Laws: 

  1. Access New York State Education Laws 
  2. Select the Title 
  3. Scroll to the Section. 

When considering how to best conform to legal requirements related to instructional technology, it is important to consult with your educational entity’s legal counsel.

Funding

Topic Law
E-Rate  
Smart School Bond Act Education Law § 3641 (16)
Computer Software Aid Education Law § 751
Loan of Computer Software Education Law § 752
Instructional Computer Hardware & Technology Equipment Aid Education Law § 753
Loan of Instructional Computer Hardware Education Law § 754
Loan of Smart Schools Classroom Technology Education Law § 755
Building Aid for Computer Technology Education Law § 3602 (6)

Internet Safety

Topic Law
Children's Internet Safety Children's Internet Protection Act (CIPA)

Student Data Privacy

Topic Law
Children's Online Privacy Children's Online Privacy Protection Act (COPPA)
Family Educational Rights and Privacy Family Educational Rights and Privacy (FERPA)
Protection of Pupil Rights Amendment (PPRA) PPRA
Unauthorized Release of Personally Identifiable Information Education Law 2-d
Parents’ Bill of Rights for Data Privacy & Security Parents Bill of Rights

Online Learning

Topic Regulation
Credit for Online and Blended Courses Regulations of the Commissioner Part 100.5 (d) (10)
Credit for Independent Study Regulations of the Commissioner Part 100,5 (d) (9)
Making Up Incomplete or Failed Course Credit Regulations of the Commissioner Part 100.5 (d) (8)
Credit by Examination Regulations of the Commissioner Part 100.5 (d) (1)

Prohibition Against Discrimination, Bullying, or Harassment

Topic Law
Dignity for All Student (DASA) Education Law § 10-18

District Technology Planning

Topic Regulation
District Instructional Technology Plans Regulations of the Commissioner Part 100.12
793 BOCES Computer Services Plans Regulations of the Commissioner Part 115.1