Education Law 2-D Software List

Approved Technology Software/Technology 

This software/technology has been vetted to meet Education Law section 2-d compliance and is safe for you to use in your classrooms with your students.
On January 13, 2020, the NYS Board of Regents adopted regulations to implement Education Law Section 2-d. Education  Law 2-d and Part 121 of the Commissioner’s Regulations outline requirements for school districts and BOCES related to the  protection of the personally identifiable information of students, as well as some teacher and principal information. The law  and the regulations require schools to undertake a multi-pronged approach to information governance.
In order for software to meet this requirement, the vendor has met one of the following conditions:
  1. The software does not require the exchange of student PII (such as a student’s name) to operate; therefore, the privacy policy/terms of service meet the requirements of Education Law section 2-d.
  2. The District has reached an agreement with the vendor that legally meets the requirements of Education Law section 2-d. 
  3. In a majority of the cases, this is the route we must take.  This is a time intensive process that involves legal review from both parties and the time commitment varies depending on the vendor and what they are willing to negotiate.
  4. Additionally, in most cases this step requires the District to purchase the software in order for the vendor to be willing to negotiate an agreement.
  5. In order to comply with Education Law 2d, the District must post “Supplemental Information” related to third-party contracts on the District website.  Since many of the contracts we have in place have come through BOCES, we are currently working to secure the needed supplemental information.