Last updated on October 2, 2025
New York State Education Department determined in 2023 that public schools may not purchase or use facial-recognition technology for biometric identification purposes, following statutory requirements and a comprehensive biometrics report; the Department’s formal determination prohibits facial-recognition systems for K–12 school purchases or use, citing privacy, civil-rights, and effectiveness concerns. Schools retain discretion to adopt non-facial biometric identifying technologies locally, but they must weigh privacy impacts, parental input, civil-rights implications, and applicable state education and data-protection laws. The decision is based on Technology Law Section 106-b and accompanying state guidance which outlines notice, data minimisation, and safeguards if non-FRT biometric tools are considered. Any district considering biometric systems must consult the NYSED determination and applicable state law before proceeding.
NYSED determination published 27 September 2023; biometrics report released 7 August 2023.