Laws and Regulations

  • There are multiple federal and state laws and regulations that apply to student data.

    The two most important are the federal Family Educational Rights and Privacy Act (FERPA) and NY State Education Law 2-d.

    Family Educational Rights and Privacy Act (FERPA)

    The Family Educational Rights and Privacy Act (FERPA) was signed into law in August, 1974.  FERPA extends certain privacy rights to parents with regard to their children's education records. These rights transfer to the child when he or she reaches the age of 18, thus becoming a student eligible for rights under FERPA.

    Schools are required to inform parents and eligible students of their rights under FERPA. 

    FERPA Annual Notice

    U.S. Department of Education's website for FERPA

    NYS Education Law 2-d

    Education Law §2-d was enacted in 2014 to address concerns over the use of student personally identifiable information (PII) contained in student records. The NY State Education Department also appointed a Chief Data Privacy Officer to oversee the implementation of the law across the State.

    NYS Data Privacy and Security Website

    Other Relevant Laws

    Children's Internet Protection Act

    Children's Online Privacy Protection Act