Part 121 of the Regulations of the Commissioner of Education

Strengthening Data Privacy and Security in NY State Educational Agencies to Protect Personally Identifiable Information

The Board of Regents adopted Part 121 of the Regulations of the Commissioner of Education on January 13, 2020. These rules will implement Education Law Section 2-d and provide 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. The regulation went through multiple sets of revisions and three rounds of public comments and will go into effect January 29, 2020.  It will apply to both charter and traditional public schools. We thank the members of the Data Privacy Advisory Council, implementation planning and drafting workgroups that supported the Department’s Chief Privacy Officer, Temitope Akinyemi, through this process.