In May 2025, the NYC Department of Education revised Chancellor’s regulations A-820, to authorize DOE and schools to disclose a category of student personal data called Directory Information for the first time within the school or to non-school vendors, as long as parents were provided with the right to opt out.
Yet the instructions for parents on how to opt out on the DOE website are difficult to access and understand, requiring clicks across many webpages and forms. In some cases, the webpages omit key details, including which grade levels these disclosures apply to and the deadlines for opting out. In at least case, the deadline listed is from last year and in the case of disclosures to charter schools requires that you know your child’s OSIS number.
- How to opt out of the disclosure of your child’s Directory Information
To simplify the opt out process for parents, the Parent Coalition for Student Privacy has developed a simple one page opt out form that offers all this information in a clear and organized fashion, and can be printed, filled out and handed in at your child’s school.
To be clear, this is an unofficial form that we have created based on the opt out form used by Los Angeles public schools. Though we repeatedly urged DOE to create a similar form, they have refused to do so. Still, we recommend you print this form , fill it out and hand it in at your school as soon as possible.
- In any case, to ensure that the DOE recognizes your intention to opt out, you should also check our instructions on how to opt out of four different directory information disclosures that DOE intends to make: to charter schools, the military and/or colleges for recruitment purposes, as well as the National Student Clearinghouse.
- Also, here are instructions on how opt out of the NYC Kids Rise savings program, which DOE and the company have made especially complicated.
- Your school is also supposed to provide you with a separate opt-out form for whatever disclosures they intend to make to other organizations and/or purposes, as well as specific information about what data will be disclosed in each case if you do not opt out. If you haven’t received that form, ask your principal or Parent Coordinate for it asap.
- If any of these disclosures are being made to companies or individuals outside of the school community, there must also be a written agreement or contract that protects the confidentiality of your child’s personal data. This is the only significant change that we managed to convince DOE to make to improve their initial proposed regulations. Ask your principal to provide that written agreement.
Additional questions parents should be asking about their children’s privacy and ed tech at their schools
In any case, it is important to note that the instructions above only deal with the category of directory information provided to non-school vendors, generally for non-educational purposes.
DOE and individual schools have signed up with more than 500 ed tech companies to provide various types of services and programs, each of which collect and process personal student data, much of it extremely sensitive. As a result, NYC students have suffered multiple damaging data breaches over the last few years.
While in most cases, parents cannot opt out of this type of disclosure, they do have the right under NY Ed Law 2D to be alerted as to which companies have access to their children’s personal info, how it will be protected from breaches and misuse, and how they can check to see if it is accurate and ask for it to be corrected if necessary. See our Parent Bill of Rights summary here.
So if you are concerned about your child’s privacy, here are some additional questions that you should ask your principal or School Leadership Team about the educational apps or programs employed in your child’s classroom and school:
- Request the names of all the ed tech programs used by your children, their teachers, and/or school administrators that can access your child’s personal information. Be sure to request the names of all the programs that DOE has told them to use, as well as the programs that the administrators or teachers have chosen that collect or process your child’s personal student data.
- If they seem reluctant, remind them that the state student privacy law, Ed Law 2D, provides parents with the right to see the data collected by outside agencies, companies, organizations or other third parties. Parents cannot do that unless they know the names of these programs or apps.
- Also, ask for a copy of the privacy and security protections for each of these programs, explaining how the data is secured, minimized and deleted when it is no longer necessary to provide the contracted services.
Some of that information is supposed to be on the DOE website but we have too often found that critical information there is missing or incomplete. As a result, data breaches are all too common, including of the information of students who have long graduated.
- Be sure to ask specifically which of these programs use Artificial Intelligence, and which additional privacy protections are for these programs, if any. Many AI programs are known to mine personal student data to improve their products, which is illegal under Ed Law 2D and/or its regulations.
- You should also ask how many hours per day or per week your child is spending on computers while in school. Now that there is a school cell phone ban, parents should also be concerned about excessive screen time in schools, which has been shown to be far less effective in terms of student learning and engagement than classroom debate and discussion, as well as reading, writing and doing math on paper.
Finally, I will be holding a special privacy briefing for parents on Monday October 20 at 6 PM to go over these and more issues in more depth.
This is right before the first deadline of October 22 to be able to opt out of the disclosure of personal info of 11th and 12th graders for the purposes of military and/or college recruitment. You can register for this briefing here or at https://tinyurl.com/specialprivacybriefing
Or scan the QR code below.
