Compliance with Education Law Article 129-A and Article 129-B

 

Search the Laws of New York to access the text of Education Law--Articles 129-A and 129-B.

The Department has developed an electronic process for the submission and recording of the required annual certificates of compliance, the written rules and policies and the annual aggregate data reports. 

All certificates, documents and data must be submitted through the electronic process – hard copy documents and documents submitted via email to the Office of College and University Evaluation will not be accepted or recorded as received. 


Annual Certificates of Compliance:

Certificates of Compliance are due by July 1st of each year. 

Certificates of Compliance are being collected in the IRS Data Exchange (IDEx). To access the IDEx, go to the NYSED Application Business Portal and click on log in in the upper right-hand corner and log in using your SEDDAS account user name and password. If you do not already have a SEDDAS account to access the IDEx please reach out to your institution’s President or Director of Institutional Research as they can set up accounts for those who need them. For more information on the IDEx, accounts, etc. please visit higheredsupport.nysed.gov.

Questions about how to submit the certificate of compliance in the IDEx should be directed to: higheredsupport@nysed.gov  

Written Rules and Policies:

The statute required the submission of written rules and polices adopted by institutions as required by the statute on or before July 1, 2016 and then on or before July 1, 2024, and then every ten years thereafter. 

Information will be posted at this site concerning how the next submission of written rules and polices (due on or before July 1, 2024) should be made.

Annual Aggregate Data Reports

For calendar year 2018 only, institutions should submit interim data reports for the period of January 1, 2018 – May 1, 2018, by no later than June 15, 2018.  This will allow the Department to compile the interim data and submit a report to the Governor and Legislature in July 2018, in compliance with the provisions of Education Law §6449(4).  Interim data reports will not be required for subsequent years. 

For calendar year 2018, institutions are also required to submit a report for the entire 2018 reporting period (January 1, 2018 – December 31, 2018), by no later than October 1, 2019.  That report should include both the data reported on the interim data report and any additional data collected between May 2, 2018 and December 31, 2018. 

For calendar year 2019 and all subsequent calendar years, the annual aggregate data reports should be submitted to the New York State Education Department between January 1 – October 1 of the calendar year following the reporting period.  For example:  the data report for the January 1, 2019 – December 31, 2019 reporting period must be submitted no earlier than January 1, 2020 and no later than October 1, 2020.

Article 129-B “Enough is Enough” data will be collected in the IRS Data Exchange (IDEx). To access the IDEx, go to the NYSED Application Business Portal and click on log in in the upper right-hand corner and log in using your SEDDAS account user name and password. If you do not already have a SEDDAS account to access the IDEx please reach out to your institution’s President or Director of Institutional Research as they can set up accounts for those who need them. For more information on the IDEx, accounts, etc. please visit higheredsupport.nysed.gov.

Questions about how to complete and submit the data collection form in the IDEx should be directed to: higheredsupport@nysed.gov  

 


Article 129-B Guidance Document (June 2, 2016)

This guidance document PDF document (810 KB) is joint guidance of the State Education Department and the New York State Office of Campus Safety. It is intended to assist colleges and universities in complying with Education Law Article129-B, as added by Chapter 76 of the Laws of 2015, relating to the establishment of sexual assault, dating violence, domestic violence and stalking prevention and response policies and procedures. Article 129-B includes §§ 6439-6449 of the Education Law.

As we receive additional comments and suggestions, we will work with the four higher education sectors, the Governor, and Legislature to make changes to the guidance as needed to ensure that the intent of the law is met.

Additional Questions on Article 129-B (October 14, 2016)

The State Education Department received additional questionspdf (205 KB) about the “Enough is Enough” Statute (Chapter 76 of the Laws of 2015, Education Law Article 129-B) after the Guidance Document was finalized and posted on the Department’s website.  

Please note that the purpose of this Q&A is to provide guidance to the field relating to implementation of Article 129-B of the Education Law.  This document does not constitute legal advice. To the extent any of the answers in this document conflict with federal or State law and/or regulations, the provisions of the applicable law/regulation shall prevail.

 


 

 

 

 

Last Updated: June 19, 2018