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NYS Ed Law 2d

New York State Education Law 2-d and Part 121 of the Commissioner’s Regulations

Part 121 of the Regulations of the Commissioner of Education in New York State is a crucial framework that addresses data privacy and security in educational agencies. 

Purpose and Implementation:

  • Part 121 implements Education Law Section 2-d.
  • It provides guidance to educational agencies and their third-party contractors on ways to strengthen data privacy and security.
  • The goal is to protect student data and annual professional performance review (APPR) data.


  • These regulations apply to both charter and traditional public schools, as well as Chapter 853 Schools, Universal Prekindergarten Programs, Special Act School Districts, approved preschool special education services, and other publicly funded pre-kindergarten programs.
  • They also cover state-supported schools, Boards of Cooperative Educational Services, and the State Education Department.

Parent’s Bill of Rights:

  • Educational agencies must publish a parent’s bill of rights for data privacy and security as required by the current Education Law 2-d.
  • This bill of rights must be included with every contract with a third-party contractor that receives personally identifiable information (PII).
  • These regulations play a critical role in safeguarding sensitive educational data and ensuring compliance with privacy standards




View the full text of NYS Ed Law 2d part 121 Regulations

View Babylon UFSD Data Privacy and Security Policies and Procedures