State Education Department Issues Determination on Biometric Identifying Technology in Schools

New York State Education Department Commissioner Betty A. Rosa today issued a determination on the use of biometric identifying technology in schools, as required by State Technology Law Section 106-b. The order prohibits schools in New York State from purchasing or utilizing facial recognition technology. Schools can decide whether to use biometric identifying technology other than facial recognition technology at the local level so long as they consider the technology’s privacy implications, impact on civil rights, effectiveness, and parental input.

In reaching this decision, Commissioner Rosa considered the recommendations of the biometrics report conducted by the Office of Information Technology Services, which was released on August 7, 2023. She concluded that serious concerns surrounding the use of facial recognition technology do not outweigh its claimed benefits.

The determination is available on NYSED’s Data Privacy and Security website.